Agenda No. 6. File No. 8-01/2013-FC 1. the State Government of Odisha

40

Agenda No. 6. File No. 8-01/2013-FC

1. The State Government of Odisha vide their letter dated 02.01.2013 submitted a proposal to obtain prior approval of the Central Government, in terms of the Section-2 of the Forest (Conservation) Act, 1980 for diversion of 70.4221 ha. of forest land for laying of Pipeline from Paradip to Odisha Boarder near Sohela on the way to Raipur (Chhattisgarh) via Sambalpur and from Sambalpur to Odisha Boarder near Biramitrapur on the way to Ranchi (Jharkhand) by M/s. Indian Oil Corporation Ltd. for transportation of Petroleum Product from their Refinery Complex at Paradip to Raipur and Ranchi through 10 districts such as Jagatsinghpur, Cuttack, Khurda, Puri, Dhenkanal, Angul, Sambalpur, Bargarh, Jharsuguda and Sundargarh of Odisha. 2. Details indicated in the proposal submitted by the Government of Orissa are as below:

FACT SHEET

1. Name of the Proposal Diversion of 70.4221 ha. of forest land for laying of Pipeline from Paradip to Odisha Boarder near Sohela on the way to Riapur (Chhattisgarh) via Sambalpur and from Sambalpur to Odisha Boarder near Biramitrapur on the way to Ranchi (Jharkhand) by M/s. Indian Oil Corporation Ltd. for transportation of Petroleum Product from their Refinery Complex at Paradip to Raipur and Ranchi through 10 districts such as Jagatsinghpur, Cuttack, Khurda, Puri, Dhenkanal, Angul, Sambalpur, Bargarh, Jharsuguda and Sundargarh of Odisha.

2 Location:

State Odisha

District Jagatsinghpur, Cuttack, Khurda, Puri, Dhenkanal, Angul, Sambalpur, Baragarh, Jharsuguda, Sundargarh.

3. Particular of Forests

i Name of Forest Division Rajnagar Wildlife Division, Cuttack Forest Division, City Forest Division, Khurda Forest Division, Athagarh Forest Division, Dhenkanal Forest Division, Angul Forest Division, Athamallik Forest Division, Rairakhol Forest Division, Sambalpur (South) Forest Division, Baragarh Forest Division, Sambalpur (North) Forest Division, Sundergarh Forest Division and Rourkela Forest Division. 41

ii Area of Forest land for Diversion 70.4221 ha.

iii Legal Status of Forest land Reserve Forest & Govt. revenue Forest.

iv Density of Vegetation 1. Below 0.4 density of vegetation and Eco value class-III: Rajnagar Forest Division, City Forest Division, Angul Forest Division. 2. Below 0.4 density of vegetation and Eco value class-II: Khurda Forest Division, Dhenkanal Forest Division. 3. Below 0.4 density of vegetation and Eco value class-I: Athagarh Forest Division. 4. Below 0.1 density of vegetation and Eco value class-I: Cuttack Forest Division. 5. 0.1 density of vegetation and Eco value class-II: Baragarh Forest Division, Sambalpur (North) Forest Division, Sundergarh Forest Division and Rourkela Forest Divison. 6. Between 0.4 to 0.7 density of vegetation and Eco value class-II: Sambalpur (South) Forest Divison.

v Species-wise and diameter class wise The total no of trees enumerated are 7456 enumeration of trees Nos. There are no trees in the proposed diversion area in Rajnagar, Cuttack & Angul Forest Divisions. The abstract and details of the tree enumeration has been furnished in the proposal.

4. Vulnerability of area to vegetation The area applied for diversion is not vulnerable to soil erosion except Dhenkanal, Rairkhol, Sambalpur (S) Forest Division in which the Divisional Forest Officer have mentioned in their Part-II that the area is susceptible to soil erosion.

5 Approximate distance of proposed site for diversion from boundary of forest Sl. Forest Approximate No. Division distance from boundary of forest.

1 Rajnagar About 8 Km from (Mangrove Nuagaon P.F.

2 City Approx. 1.5 Kms. Froest From Mouzipur village forest. 42

3 Khordha i. (0.3714 ha.) Approx. 7 Kms. From Bhanra Proposed Reserve Forest. ii. (0.2768 ha.) Approx. 20 kms. From Mahaparbat Revenue Forest.

4 Cuttack There is no P.F./R.F. in the nearby area.

5 Athagarh i. Baudabanakhandi R.F.-4.3520 ha. (it is well within the Reserve Forest Boundary). ii. Revenue Forest- 0.1623 ha. Kandarpur village 3 Km distance and Bankhandi village 1.5 km distance from Baudabanakhandi R.F.

6 Dhenkanal Approx. 02 to 05 km from Tamanda & Sapatasaja Reserve Forest of Dhenkanal Forest Division.

7 Angul Approx. 1 km from Mandargiri RF and 1 km from Katara Reserve Forest of Angul Forest Division.

8 Athmallik The proposed project length is the linear distance of 8.82 km. passing through 124 patches of Revenue forests and one patch of R.F.

9 Rairakhol 200 mtr. To 1 km.

10 Sambalpur The poposed pipe line (South) is passing through the Gramya jungle, Patra jungle, Bad jungle of 22 village and through 43

the Dumerchuan- Mundher R.F. covering an area of 12.2016 ha. Approximate distance is 20 Mtr. From pillar No. 4 inside Dumerchuan- Mundher R.F.

11 Sambalpur Adjoining the track of (North) the pipeline, the following forests are available. Siripali PRF- 5 Kms distance Binjidunguri RF- 5 Kms distance Pitamal PRF- 5 Kms distance.

12 Bargarh Enclosed.

13 Sundargarh Khatang RF is 30 mtrs away at a distance of proposed site.

14 Rourkela Jugasi R.F.- 10 km away Kamarpahar R.F.- 5 km away Jalangbira RF 306 m of pipeline right of way is passing through jalangbira R.F. which involves 0.5508 ha. area.

6. Whether forms part of National Park, The proposed area dose not form part of Wildlife Sanctuary, Biosphere Reserve, National Park, Wildlife sanctuary, Tiger Reserve, Elephant Corridor etc. biosphere reserve, tiger reserve, elephant (if so, the details of the area the corridor, etc. In the following divisions comments of the Chief Wildlife concerned Divisional Forest Officer have Warden to be annexed) following observations. • Athagarh Division: There is a proposed elephant corridor project inside Baudabanakhnadi RF. • Rairakhol Division: Some areas are coming under under elephant corridor 44

& elephant habitat. • Sambalpur South Division: Part of the project area is coming under Sambalpur elephant reserve.

7. Whether any rare/ endangered/ No unique species of flora and fauna found in the area if so, details thereof.

8. Whether any protected archaeological/ No. heritage site/ defence establishment or any other important monument is located in the area. If so, the details thereof with NOC from competent authority, if required.

9. Whether the requirement of forest land Yes. as proposed by the User Agency in col.2 of Part-I is unavoidable and bare minimum for the project. If no, recommended area item-wise with details of alternatives examined.

10. Whether any work in violation of the No. Act has been carried out (Yes/ No). If yes, details of the same including period of work done, action taken on erring officials. Whether work in violation is still under progress.

11. Details of Compensatory Afforestation Scheme:

i Details of non forest area/degraded Degraded forest area equivalent to twice forest area identified for compensatory the forest area proposed for diversion has afforestation, its distance from been identified in Dhenkanal Forest adjoining forest, number of patches, Division for undertaking Compensatory size of each patch. Afforestation for the entire Odisha sector. An area of 142 ha. (70.4221x2=140.8442 Say 142 ha.) has been identified by Forest Divisional forest officer, Dhenkanal Forest Divison in Bhuban R.F. The Scheme for CA is enclosed.

ii Map showing non-forest/degraded Map showing land identified land for forest area identified for compensatory Compensatory Afforestation is enclosed. afforestation, its distance from adjoining forest boundaries. 45

iii Details of compensatory afforestation The scheme for compensatory scheme including species to be afforestation is enclosed. planted, implementing agency, time schedule, cost structure, etc.

iv Total financial outlay for The scheme for Compensatory compensatory afforestation scheme. Addffforesation for Rs. 33,40,000 is enclosed.

v Certificates from competent authority The land suitability certificate has been regarding suitability of area identified furnished by the Divisional Forest Officer for compensatory afforestation and Dhenkanal. from management point of view. (To be signed by the concerned Deputy Conservator of Forests).

12. Recommendation

DFOs Recommended.

CF Recommended.

Nodal Officer & Addl. PCCF Recomended

State Govt. Recomended

3. The State Government has furnished the following additional information on the project as bellow:-

(i) Proposal is submitted by the State Government of Orissa, Department of Environment & Forests is for diversion of 70.4221ha. of forest land for laying of Pipeline from Paradip to Odisha Boarder near Sohela on the way to Raipur(Chhattisgarh) via Sambalpur to Odisha Boarder near Biramitrapur on the way to Ranchi(Jharkhand) by M/s Indian Oil Corporation Ltd. for transportation of Petroleum Product from their Refinery Complex at Pradip to Raipur and Ranchi through 10 districts such as Jagatsighpur, Cuttack, Khudra, Puri, Dhenkanal, Angul, Sambalpur, Bargarh, Jharsugua and Sundargarh of Odisha as received from the Principal Chief Conservator of Forests, Odisha for consideration of Govt. of India, Ministry of Environment & Forests under Section 2 Forest (Conservation) Act, 1980.

(ii) Indian Oil Company Ltd. established as an oil marketing entity on 30.6.1959 under the provision of Companies Act, 1956, has been renamed as Indian Oil Corporation Ltd.(IOCL) on 1.9.1964 and incorporated as Company under the above mentioned Act on 5.12.1964. The Indian Oil Corporation Ltd is a leading petroleum Company and is one of the Maharatna and Fortune 500 Companies in India. The Memorandum of Association of IOCL is appended. The Company is engaged in refining, transportation and marketing of more than 50% of all oil products in India. About 70% of the oil pipelines in the country are owned by this Company. IOCL, a Central Public Sector Undertaking, is setting up a grass root Petroleum Refinery and Petrochemical Complex of 15 MMTPA at Paradip in Jagatsinghpur district of Odisha. In order to transport the petroleum products like Petrol, diesel and Kerosene, from the said Refinery to various parts of Odisha, Chhattisgarh and 46

Jharkhand State, the Company intends to lay pipeline made of carbon steel. The pipeline will be laid mostly underground except at some points where it has to come above the ground for specific purposes such as Booster station/Intermediate Station/Tap off points/Terminal Points. Indian Oil Corporation intends to lay petroleum product pipeline of 1064 km long originating from Paradip in the State of Odisha terminating at Raipur(Chhattisgarh) with two branch pipelines, one from Sambalpur(Odisha) to Khunti(Jharkhand) via Jharsuguda (Odisha) and another from Saraipalli(Chhattisgarh) to Korba(Chhattisgarh) for evacuation of refined petroleum products from their Paradip refinery. The refined petroleum products are to be pumped from the Paradip station to Jatni Tap off point(ToP). Further the product is to be boosted from Jatni to Sambalpur station from where the product is to be pumped through intermediate booster units in two sections i.e. Sambalpur- Raipur via Korba and another from Sambalpur-Khunti via Jharsuguda. The storage and supply facilities is to be installed at Jatni, Korba, Raipur, Jharsuguda and Khunti ToPs. Out of 1064Km long pipeline to be laid under this project, alignment having 657km length is passing through the State of Odisha. The width of the pipeline will be of varied diameter at different Sections. The pipeline is designed as per American Petroleum Institute (API)standards. The Pipeline Sections across rivers, highways and railway lines are of higher thickness. The details of pipeline sections in Odisha and thickness of pipeline to be used are given below.

SI. Pipeline Section Line dimensions Grade No.

1 Paradip-Sambalpur 18” dia X 0.25” wall API 5L-X 70 grade thickness

2 Sambalpur-Biramitrapur 12.75” dia X 0.25” wall API 5L-X 60 grade thickness

3 Sambalpur-Sohela 16” dia X 0.25” wall API 5L-X 70 grade Odisha Boarder to thickness Chhattisgarh

(iii) The width of Right of Way(RoW) for the pipeline is proposed to be 18mts. As per provisions of P&MP Act, 1962. The pipeline are to be laid at a depth of 1.25mt to 1.5mts below the ground level. After laying of pipeline, the area will be restored back and the corridor will be demarcated with boundary pillar at regular intervals.

(iv) The total extent of land required for the entire alignment of the proposed pipeline project is 1158.985ha. that includes 70.4221ha. of forest land and 1088.563ha. of non- forest land. The forest land of 70.4221ha. is comprised of 5.3915ha. of RF and 65.0306ha. of Revenue forest land. The pipeline project is spread over 10 districts of the State such as Jagatsinghpur, Cuttack, Khurda, Puri, Dhenkanal, Angul, Sambalpur, Bargarh, Jharsuguda and Sundargarh covering 15 forest divisions namely Rajnagar(Mangrove), City Forest, Khurda, Cuttack, Athagarh, Dhenkanal, Angul, Athamallik, Rairakhol, Sambalpur(South), Sampalpur(North), Bargarh, Bamra(WL), Sundargarh and Rourkela Forest Division. Out of the 15 forest divisions, no forestland in Bamra(WL) Division is coming in the pipeline alignment 47

as reported by the Tehsildar, Bamra. The proposed pipeline project originates in Rajnagar(Mangrove) Division at latitude 20°15’ 51.63” North and longitude 86°35’ 16.92” East and crosses Odisha boarder near Sohela in Bargarh Forest Division at latitude 21°18’ 38.60” North and longitude 83°16’ 29.80” East and the branch pipeline starts from Sambalpur in Sambalpur(South) division at 21°25’ 47.49”North latitude and 84°0’ 37.79” East longitude that crosses Odisha boarder near Biramitrapur in Rourkela Forest Division at 22°26’ 56.47” North latitude and 84°46’ 15.89” East longitude. The details of delineation of pipeline in the State in Survey of India Toposheets is given separately under the heading Maps.

(v) The proposed alignment does not pass through any National Park/Sanctuary/ Biosphere Reserve/ Tiger Reserve. As reported by the Divisional Forest Officers, there is a proposed elephant corridor inside the Baudabankhandi RF in Athagarh division. In Rairakhol Division, some portion of project area is coming under elephant corridor and elephant habitat. Similarly, portion of project is reportedly coming within the Sambalpur Elephant Reserve of Sambalpur(South) division. There is, however, no existence of any archeological monument/heritage site in the forest land proposed for diversion. The area proposed for diversion is not sensitive from ecological point of view. There is also no defence establishment found in the area. The total cost of the project is reported to be Rs. 1793 crores. The project is likely to provide employment to about 2000 persons during construction phase. Besides 132 skilled personnel are to be engaged during operational period along with 147 no. of security personnel.

(vi) In view of this project being non site-specific in nature, feasibility and viability of more than one site should have been explored as per provision made vide para 2.1(3) of the F.C. Act guidelines before finalizing the alignment of laying of pipeline now proposed. The project proponent have furnished the details of alternative alignments explored regarding laying of pipeline only while negotiating the Reserved Forest land in four forest divisions. Out of 70.4221ha. of forest land required for the project 5.3915ha. is Resrved Forest land spread over four forest divisions i.e. Baudabanakhandi RF in Athagarh division for a length of 2418mts of pipeline involving 4.3520ha., Ghosar RF in Athamallik division for a length of 157.84 mts of pipeline involving 0.1894ha., Dumer chua Munder RF in Sambalpur(South) Division for a length of 249.48mts involving 0.2993ha and Jalangbera RF in Rourkela Forest Division for a length of 306 mts involving 0.5508ha. as such only 3.13 km length of pipeline will pass through the Reserved Forest area involving 5.3915ha. of land out of total 657km of line to be laid in Odisha involving total area of 1158.985ha. Three alternative alignments of the pipeline project inside Reserved Forest land have been examined and final route alignment in each case has been proposed by the user agency considering length of pipeline to be laid, minimum density of forest growth and least extent of alignment proposed through Reserved Forets and other unavoidable topographical challenges. However, no such examination of route alignment over the revenue forest land has been made. The user agency has considered the following aspects for finalizing the alignments for laying of pipeline. (a) Shortest possible pipeline route (b) Avoiding hilly and highly undulated/broken area 48

(c) Avoiding perennially marshy and water logged/flood prone areas (d) Avoiding extensively meandering stretches of river as far as possible (e) Avoiding RF land and other protected areas as far as possible (f) Avoiding mining areas (g) Avoiding densely populated area and city limits

(vii) Apart from the above, the following technical aspects have further been indicated by the user agency for justifying use of forest land while laying of petroleum pipeline.

(a) In a petroleum pipeline providing bends on occurrence of forest plot only with a view to avoid the same is not technically feasible. Intermittent bends are not allowable as it is detrimental to flow of petroleum products. (b) Bends in the pipeline are avoided because the pipeline will transport different products of different densities in batches. Sudden bends will create surge in the pipeline. This will result in intermixing of products and at the delivery point the product will be rendered unacceptable. (c) Due to increased number of bends in the pipeline, the frictional loss of pressure will occur and drop of pressure will affect the flow of the petroleum products. (d) Sudden bend in the cross country pipeline will block the movement of intelligent pig, a device that monitors the internal health of the pipeline. Also movement of cleaning pig shall be blocked by the sudden bends. (viii) Further Divisional Forest Officers of all the forest divisions in part-II of the application have indicated that forest land involved in pipeline project is barest minimum and avoidable.

(ix) The total extent of land for the entire alignment of the proposed pipeline project is 1158.985ha. that includes 70.4221ha. of forest land and 1088563ha. of non-forest land. The forest land of 70.422 ha. is comprised of 5.391ha. of RF and 65.0306ha. of revenue forest land.

(x) The break-up of the Forest division wise total land forest land required for the proposed petroleum pipeline alignment is given below.

SI. Forest Division RF Revenue Total Non- Grand No. land Forest Forest forest total Land in ha land in land in land in in ha. ha. ha. ha.

1 Rajnagar - 1.1393 1.1393 33.3494 34.4887 (Mangrove)

2 City Forest - 0.6329 0.6329 27.4815 28.1144

3 Khurda - 0.6482 0.6482 150.7953 151.4435

4 Cuttack - 0.6610 0.6610 49.7220 50.3830

5 Athagarh - 4.3520 0.1623 4.5143 13.5050 49

6 Dhenkanal - 8.9602 8.9602 110.9075 119.8677

7 Angul - 0.8849 0.8849 85.5979 86.4828

8 Athnmallik 0.1894 10.3946 10.5840 61.0550 71.6390

9 Rairakhol - 14.9690 14.9690 44.2996 59.2686

10 Sambalpur(Sou 0.2993 11.9023 12.2016 146.3038 158.5054 th)

11 Sambalpur(Nor - 2.9753 2.9753 73.8968 76.8721 th)

12 Bargarh - 4.0360 4.0360 123.6540 127.6900

13 Bamra(WL) - - - 12.325 12.325

14 Sundargarh - 1.3735 1.3735 44.3872 45.7607

15 Rourkela 0.5508 6.2911 6.8419 111.2828 118.1247 Total 5.3915 65.0306 70.4221 1088.563 1158.985

(xi) The Divisional Forest Officers of all the forest divisions coming within the pipeline alignment in Part-II of the application form have indicated that there is no rare, endangered and endemic species of flora and fauna found in the project area. The CCF (Forest Division) & Nodal Officer, FC Act has consolidated the part-II of the application form. It has been indicated that area proposed for diversion is not vulnerable to soil erosion except in Dhenkanal, Rairakhol, Sambalpur(South) Forest division. Therefore adequate safety measures have to be taken by the project proponent to prevent soil erosion along the proposed alignment in consultation with competent consultant at project cost in co-ordination with the Divisional Forest Officers concerned. It has also been indicated that the area proposed for diversion for the project is not coming within any protected areas. However, as reported by the Divisional Forest Officers, there is a proposed elephant corridor inside the Baudabanakhandi RF in Athagarh division. In Rairakhol Division, some portion of project area is coming under elephant corridor and elephant habitat. Similarly, portion of project is reportedly coming within the Sambalpur Elephant Reserve in Sambalpur(South) Division. Since the pipelines are to be laid at a depth of 1.25mt to 1.5mts below the ground level and after laying of pipeline, the area will be restored back, the project activities may not have any tangible impact on wildlife. The user agency shall also take measures to ensure that no damage to flora and fauna is caused during construction phase of the project at the project cost in consultation with the Divisional Forest Officers concerned. In order to avoid damage to faunas available in the area, the project authorities/Divisional Forest Officers shall ensure that no construction activities take place after sunset of day especially in those areas of the alignment passing within Reserved Forests and nearer to Protected Areas.

(xii) Since the alignment project is reportedly passing through the Baudabanakhandi RF where there is a proposed elephant corridor and also some portion of the area coming within the elephant corridor/habitat in Rairakhol division and part of the project area falling within Sambalpur elephant reserve, the project activities need to 50

have prior wildlife clearance from the National Board for Wildlife and Hon’ble Supreme Court of India, where applicable as per Government of India, MoEF (WL Division) Circular No. 6-10/2011(WL) dt. 15.3.2011, Government of India, MoEF may examine this aspect of applicability of the above circular to the proposed project considering minimal impact of the project on the wildlife. As such, if required, the project proponent would obtain the wildlife clearance from the competent authority.

(xiii) As has been consolidated by the CCF(Forest Diversion) & Nodal Officer, FC Act, total enumeration of the trees available on forest land applied for diversion, has been done. In all, 7456 no. of trees have been enumerated in 14 forest division. Abstract of tree enumeration is in Volume-3. The density of forest growth has been reported to be below 0.4 in Rajnagar(Mangrove), City and Angul division with Eco- value class-III. The density of forest growth in Khurda, Dhenkanal and Athamallik is also below 0.4 with Eco-value class-II. Similarly the density of forest growth in Athagarh division is below 0.4(Eco-value Class I). The density of forest growth in the applied forest area in Cuttack division is reported to be below 0.1 (Eco-value class-I). In Bargarh, Sambalpur(North), Sundargarh and Rourkela division, the density of forest over the applied area is reported to be 0.1 (Eco value class-II). Density of forest growth in the applied area in Rairakhol division is between 0.4 to 0.5(Eco value Class-II). Density of vegetation is between 0.4 and 0.7 with Eco value Class-II in Sambalpur (South) Division. (xiv) Considering the fact that the project proponent i.e. Indian Oil Corporation Ltd. is a Central Government Undertaking project, degraded forest land twice the extent of forest land (i.e. 70.4221ha. X 2 = 140.00ha) proposed for diversion has been identified in two patches(111ha. + 34 ha.) Bhuban RF by the Divisional Forest Officer, Dhenkanal Forest Division as per provision at para 3.2.(ix)(a) of the consolidated guidelines of Forest Conservation Act, 1980, for the purpose of raising Compensatory afforestation thereon. The land suitability certificate by the Divsional Forest Officer is furnished. The Divisional Forest Officer, Dhenkanal Division has prepared a site specific compensatory afforestation scheme in Assisted Natural Regeneration (ANR) Plantation Mode at an estimated cost of Rs. 33,40,000/- as per wage rate of Rs. 125/- per day also including the cost of maintenance for seven years etc. The cost of compensatory afforestation needs to be recast as per latest wage rate before demand is raised with project proponent on Stage-I approval for this project. The species to be raised under the CA scheme are Teak, Bamboo, Sisoo, Gambhar, Neem, Harida, Bahada, Amla, Phasi, Kasi etc. The Chief Conservator of Forests (Forest Diversion) & Nodal Officer, FC Act has accorded technical approval to the scheme. The user agency has furnished an undertaking to pay the cost of raising the compensatory afforestation. (xv) As indicated by the Divisional Forest Officers in their respective Site inspection report, this proposal does not involve any displacement of human habitation, hence R&R Plan is not required.

(xvi) Total loss on account of laying of the project owing loss of timber and others as well as environmental loss has been worked out to be Rs. 39.17 crores per annum where as total benefit of the project per annum is Rs. 6150 crores. As such total/consolidated Cost benefit analysis of this project duly authenticated by the CCF(Forest Diversion) & Nodal Officer, FC Act is 1:157.

(xvii) As per EIA Notification, 2006, project of laying of pipeline for transportation of crude oil is not amongst the projects that requires prior environmental clearance of 51

Government of India, MoEF. Parts of pipeline passing through Elephant Corridor and Elephant Reserve will require prior environmental clearance of MoEF, Government of India. However, the Refinery project has earlier been accorded with environmental clearance vide Government of India, MoEF letter dt. 24.12.1997 for processing 9.0MMTPA crude oil including other ancillary activities. Further as per EIA Notification, 2006, the GOI, MoEF have also accorded environmental clearance for the project pertaining enhanced extent of 15 MMTPA of crude oil vide their letter dt. 6.7.2007. However, if applicable, the project proponent would seek CRZ clearance under CRZ Notification, 2011, as the pipeline project commences from the coastal location of Paradip. The State Pollution Control Board have already accorded consent to establish to this project for a period of five years vide their office Memorandum dt. 21.10.2010 as per provisions of section 25 of Water(PCP) Act, 1974 and Section 21 of Air(PCP) Act, 1981.

(xviii) As reported by the Divisional forest Officers in the part-II of the application form as well as in their site inspection reports, no violation of forest Conservation Act, 1980 has been noticed.

(xix) Upon receipt of Govt. of India, MoEF circular vide F. No. 11-9/1988-FC(pt.) dt. 3.8.2009 in the matter of ensuring compliance to the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 while processing at forest diversion proposal, the State Government vide their letter dt. 24.10.2000 and dt. 30.9.2010 had asked all the Collectors, who are the chairpersons of the District Level Committee constituted under Section 6(5) of the Forest Rights Act, 2006 to submit the relevant certificates appended with required evidences whenever any User Agency applies for diversion of forest land for projects under Forest Conservation Act, 1980 along with the two other documents of the concerned Gram Sabhas as per specification given in Govt. of India, MoEF circular referred to above.

(xx) In the instant forest diversion proposal that involves 70.422ha. of forest land, the Collectors of concerned 10 districts have furnished relevant certificates on five items as prescribed by the Government of India, MoEF along with copies of resolutions of Gram sabhas along with its English version. Such documents for Jagatsinghpur district (1.1393ha), (0.661ha.) at page 1551-1601 and page 1484- 1521(Volume 4) respectively, Cuttack district (0.5814ha.) at page 1522-1531/DP, (4.3520ha.) at page 1602, (0.1623ha.) at page 1603 in Volume 4 respectively, Khurda district (0.3714ha.), (0.2768ha.) at page 1532-1538, page 1539-1549 in Volume 4 respectively, Dhenkanal district (8.9602ha.) at page 1604-1695/DP Volume 4, Angul district (11.4896ha.) at page 1697-1813 in volume 4 and at page 1815-2084 in volume 5, Sambalpur district (14.9690ha.) at page 2086-2165, (12.2016ha.) at page 2167-2220 in volume 6, Jharsuguda (0.7190ha) at page 2224-2232, (1.464ha.) at page 2233-2263 in volume 6, Bargarh (3.99ha.) at page 2266-2288 in volume 6, Sundargarh (1.3154ha.) at page 2289-2345 and (0.0581 ha.) at page 2438-2444 in volume 6 of the DP. As such detailed compliance of Forests Rights Act Guideline have been furnished for 69.25509ha. Besides the above the Collector Jharsuguda has informed that 0.7917ha. of forest land in Malimunda village is coming within limits of Jharsuguda Municipality. Forest Rights Act will not be applicable for such area coming within urban locations. As such there is only a discrepancy of 0.0795ha. of land. All parts of the statutory Performa have been duly filled in. 52

(xxi) Principal CCF, Odisha has recommended this proposal.

4. The State Government in their said letter recommended that in view of this position the GoI, MOEF may kindly examine the proposal for diversion of 70.4221 ha. of forest land for laying of Pipeline from Paradip to Odisha Boarder near Biramitrapur on the way to Ranchi(Chattisgarh) via Sambalpur and from Sambalpur to Odisha Boarder near Biramitrapur on the way to Ranchi(Jharkhand) by M/s. Indian Oil Corp. Ltd. for transportation of Petroleum Product from their Refinery Complex Paradip to Raipur Ranchi through 10 districts such as Jagatsinghpur, Cuttack, Khurda, Puri, Dhenkanal, Angul, Sambalpur, Bargarh, Jharsuguda and Sundargarh of Odisha under Section 2 of the F.C. Act, 1980 and convey their approval to this department early subject to the following additional stipulations.

(i) The execution of the project shall be subject to CRZ clearance under CRZ Notification, 2011, if applicable.

(ii) If required, the project proponent would obtain the wildlife clearance from the competent authority.

(iii) Besides the compensatory afforestation scheme to be executed for this project, the project proponent is also required to plant/maintain adequate number of trees alongside the pipeline corridor at project cost for which a scheme shall be prepared by the project proponent and be approved by the Competent authority.

(iv) The user agency may also be asked to take measures to ensure that no damage to flora and fauna is caused during construction phase of the project at the project cost in consultation with the Divisional Forest Officers concerned. In order to avoid damage to fauna available in the area, the project authorities/Divisional Forest Officers shall ensure that no construction activities take place after sunset, especially in those areas of the alignment passing within Reserved Forests and nearer to Protected areas.

(v) Adequate safety measures have to be taken by the project proponent to prevent soil erosion along the proposed alignment in consultation with competent consultant in co-ordination with the Divisional Forest Officers concerned, at project cost.

(vi) The CA scheme shall be recast as per latest wage rate.

5. The proposal is placed before the Forest Advisory Committee for its examination and appropriate recommendations. ******