AGENDA NO. 2 No. 8-4/2014-FC the State Government of Punjab Vide

AGENDA NO. 2 No. 8-4/2014-FC

The State Government of Punjab vide their letter No. FCA/1980/262-263- 264/2013/1605 dated 24.01.2014 submitted a fresh proposal seeking prior approval of the Central Government under Section-2 of the Forest (Conservation) Act, 1980 for diversion of 45.0032 ha (114.6111 ha in Sangrur+17.0211 ha in Mansa + 13.3710 ha in Bathinda) of forest land for improvement of Bhawanigarh-Sunam-Bhikhi-Kotshamir road from km. 18.300 – 108.770 B/s, Sheron Distty Mile No. 39.5-60 B/s Minor No. 11 of Sheron Distty 0- Bhawanigarh-Kotshamir road under Forest Division and Distt. Sangrur, Mansa and Bathinda Punjab. . The facts related to the proposal as contained in the State Government’s letter dated 24.01.2014 are given below in the form of factsheet:

FACT SHEET

1. Name of the Proposal Diversion of 45.0032 ha (114.6111 ha in Sangrur+17.0211 ha in Mansa + 13.3710 ha in Bathinda) of forest land for improvement of Bhawanigarh- Sunam-Bhikhi-Kotshamir road from km. 18.300 – 108.770 B/s, Sheron Distty Mile No. 39.5-60 B/s Minor No. 11 of Sheron Distty 0-Bhawanigarh- Kotshamir road under Forest Division and Distt. Sangrur, Mansa and Bathinda Punjab. 2. Location (iii)State Punjab (iv) District Bathinda, Sangrur and Mansa 3. Particulars of Forests: (iv) Name of Forest Division and Bathinda 13.3710 ha Forest area involved. Sangrur 14.6111 ha Mansa 17.0211 ha

(v) Legal status/Sy.No. Bathinda PF Sangrur PF Mansa PF

Bathinda Attached at p. 15/c (vi) Map Sangrur Attached at p. 216-219/c Mansa Attached at p. 388-389/c 4. Density of vegetation Bathinda 0.4 19

Sangrur 0.2 to 0.3 Mansa 0.2 to 0.3 5. Species-wise (scientific names) and Bathinda 4687 trees & Nil diameter class-wise enumeration of Plants trees (to be enclosed. In case of Sangrur Nil irrigation / hydel projects Mansa Attached (ps. 397- enumeration at FRL, FRL-2 meter & 498/c). Shisham, FRL-4 meter also to be enclosed) Kikar, Euc. Mesquil, Drek, etc. 6. Brief note on vulnerability of the Bathinda Area is not forest area to erosion vulnerable to erosion Sangrur No vulnerability to erosion Mansa No vulnerability to erosion 7. Approximate distance of the Bathinda Nothing mentioned proposed site for diversion from Sangrur Adjoining boundary of forest. Mansa Adjoining 8. Whether forms part of National park, No Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant Corridor, etc. (if so, details of the area and comments of the Chief Wildlife Warden to be annexed) 9. Whether any rare/ endangered/ NA unique species of flora and fauna are found in the area. If so details thereof 10. Whether any protected NA archaeological/ heritage site/defence establishment or any other important monuments is located in the area. 11. Whether the requirement of forest Bathinda Minimum forest land as proposed by the user agency land is required in col. 2 of Part-I is unavoidable and (Certificate barest minimum for the project, if no attached) recommended area item-wise with Sangrur Yes details of alternatives examined. Mansa Yes 12. Whether any work of in violation of No violation has been done. the Forest (Conservation) Act, 1980 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 in progress. 13. Whether clearance under the Bathinda No. (p. 6/c) Environment (protection) Act, 1986 Sangrur No (p. 207/c) is required? Mansa No. (p. 378/c) 20

14. Compensatory Afforestation (i) Details of non-forest area/degraded Bathinda KBC RD 353-365 forest area identified for CA, its R/S, KBC RD distance from adjoining forest, 419-425 R/S, number of patches, size of each KBC RD 417-425 patches. L/S, Ghuman Disty RD school pul to Tail, (Talwandi Range) BBC RD 381-387 R/S (Bathinda Range) Sangrur 29.833 ha. Plantation will be planted in Sirhind clre R.D. 190-206 232-268 BTR and Dhanoda Disty, Barnala Mangana DIJ. Mansa CA be carried on B.M.B. Canal RD 215 to 228 L/s, 232 to 239 B/s, Faggu Minor RD 0 to 15.50 L/s & Kusla Brikillan (ii) Map showing non-forest/ degraded Bathinda N/A forest area identified for CA and Sangrur Attached at p. adjoining forest boundaries. 226-227/c Mansa Not attached (iii) Detailed CA scheme including Bathinda Scheme attached species to be planted, implementing at ps. 170-175/c agency, time schedule, cost structure, Species – etc. Ailanthus, Cassia siamia, Shisham, Neem, Jaman, etc. Time schedule – 10 years Cost – Rs. 1,27,02,500/- Sangrur Scheme attached at ps. 228-232/c. Species- Euc. Kikar, Shisham, Muscat, Arjun, Neem, Jamun, Euc., Mulb., etc. 21

Time schedule – 9 years. Cost: Rs. 77,64,218/- Mansa Scheme attached at ps. 501-504/c. Species: Euc. Kikar, Shisham Muscat, Arjun, Neem, Jamun, Euc., Mulb. Etc. Time schedule: 10 years. Total cost: Rs. 1,08,00,892.00 (iv) Total financial outlay for CA Bathinda Rs. 1,27,02,500/- Sangrur Rs. 77,64,218/- Mansa Rs. 1,08,00,892.00 (v) NPV Bathinda - Sangrur - Mansa - (vi) Certificate from the competent Bathinda Attached at p. authority regarding suitability of the 179/c. area identified for CA and from Sangrur Attached at p. management point of view. 230/c. Mansa Attached at p. 505/c 15. Site inspection report of the DCF (to Bathinda Attached at p. be enclosed) especially highlighting 172/c facts asked in col. 8(xi. xii), 8 and 9 Sangrur Attached at p. above. 225/c. Mansa Attached at p. 499/c. 16. Catchment Area Treatment Bathinda Not applicable (p 6 /c) Sangrur Not applicable (p. 207/c) Mansa Not applicable (p 378/c) 17. Rehabilitation of Oustees (d) No of families involved Bathinda No displacement (e) Category of families in the forest land. (f) Details of rehabilitation plan Sangrur No displacement in the forest land. Mansa No displacement in the forest land. 18. Cost Benefit Ratio Bathinda - 22

Sangrur - - 19. Total Cost of the Project Rs. 596 crores 20. Recommendation i. DFO Recommended (p. 8/c, 211/c, 383/c). ii. CCF Recommended (p. 9/c, 21/c, 384/c.) iii. Nodal Officer Recommended (p.10 /c, 213/c, 386/c) iv SG Recommended (p. 11/c, 214/c, 387/c) 21. Division/ District profile (i) Total Geographical area of the Bathinda 3,34,405 ha district Sangrur 5,02,000 ha Mansa 2,13,899 ha (ii) Total Forest area/Divisional Forest Bathinda 6621.56 ha area Sangrur 7012 ha Mansa 2,689.50 ha (iii) Total area diverted Bathinda No. of cases = since 1980 281 Area diverted = 252.36 ha Sangrur 432 cases 335.15 ha Mansa 96 ha (cases) (iv) Total compensatory afforestation stipulated in the district/division since 1980 on (c) Forest land including penal Bathinda 280.41 ha compensatory afforestation Sangrur 2,22,408 plants Mansa 5,037 ha (d) Non-forest land Bathinda - Sangrur - Mansa - (v) Progress of Compensatory Afforestation as on date (c) Forest land Bathinda 259.27 ha Sangrur 2,22,408 plants Mansa 5,037 ha (d) Non-forest land Bathinda - Sangrur - Mansa Nil 22. Specific recommendations of the Bathinda May be accepted. DCF for acceptance or otherwise of Sangrur May be accepted as the proposal with reasons per guidelines of GOI. Mansa May be accepted as per guidelines of GOI.

Other remarks:

8. The following trees, poles and plants will be affected in these cases:-

Sr. Division Area Trees Poles Plants No. 1. Sangrur 14.6111 4128 - 5843 2. Mansa 17.0211 3593 532 - 3. Bathinda 13.3710 4697 - - Total 45.0032 12408 532 5843

9. Justification for locating the project in forest area: Widening of road required due to increase in traffic intensity.

Bathinda Forest Division:-

17. Details of forest area involved in the proposal at p. 17/c:-

Sl. District Division Range/Teh Village Khasra/ Survey Forest Legal No. or area status Compartment proposed of Number of for forest Km. Stone diversion area (ha) 1. Bathinda Bathinda Bathinda/TalwandiBhawanigarh- 13.3710 PF Sunam-Bhikhi- ha Kot Shamir Road Km 82.500 to 108.77 B/S/

18. Details of non-forest area involved in the proposal at p. 18/c:-

Sl. District Division Range/Teh Khasra/ Survey Forest Legal No. Village or Compartment area status of Number of Km. proposed forest area Stone for diversion (ha) 1. Bathinda Bathinda Bathinda 82.5 to 108.770 - -

19. Certificate that the forest involved in the proposal is unavoidable and barest minimum forest area at p. 20/c. 20. Undertaking for justification for location the project in forest land is required is that there is no other possible way to widen the road, so this way has been adopted at p. 19/c. 21. Linear Plan is at ps. 16/c. 24

22. Undertaking for payment of cost of compensatory afforestation as per prevailing wage rates at the time of undertaking the plantation is at p.21/c. 23. Undertaking to pay the Net Present Value of forest land and further undertake that in future any revision of NPV directed by any apex court will also be paid at p. 22/c. 24. Trees to be felled : Shisham, Kikar, Tatlas, Deak, Masket, misc. Total - 4697 Nos. 25. Site inspection by DFO, Bathinda on 12.12.2013 that the user agency has not violated the provisions of Forest (Conservation) Act, 1980 and no work has been started without proper sanction (p. 172/c). 26. Location map of non-forest/degraded forest area identified for CA in lieu of proposal is in Forest Range: Talwandi Block, Area: KBC RD 353-365 R/S, KBC RD 419-425 R/S, KBC RD 417-425 L/S, Ghuman Ddisty RD school pul to Tail, (Talwandi Range) BBC RD 381-387 R/s (Bathinda Range) Map attached of the area to be taken for Compensatory Afforestation. Total area – Not mentioned. 27. Scheme for Compensatory Afforestation at ps. 174-178/c for ten years at the total cost of Rs. 1,27,02,500/-. Species: Ailanthus, Cassia siamia, Shisham, Neem, Jaman, etc. . 28. Land suitability certificate by the DFO that land identified for CA is suitable for plantation from the management point of view is free and all sorts of encumbrances and encroachments (p. 179/c). 29. Certificate that in lieu of diversion NPV and Compensatory Afforestation amount of Rs. 1,27,02,500/- shall be deposited after receiving in-principle approval from Central Govt. (p. 180/c). 30. Undertaking to bear the cost of raising and maintenance of compensatory afforestation as cost for protection and regulation of safety zone etc. as per the scheme prepared by the State Government (p. 182/c) 31. Undertaking that they will bear the cost of revised rates of compensatory afforestation and others if any (p. 182). 32. Undertaking for additional payment of Net Present Value, if so determined as per final decision of the Hon’ble Supreme Court will be paid. (p. 183/c). 33. Undertaking to provide the non forest land for CA or its cost equivalent to the forest area being diverted under FCA 1980 as and when the rates will be decided by the Govt. (p. 185/c) 34. Undertaking to pay the entire amount for the affected trees/poles/plants (p. 186/c).

Sangrur Forest Division:-

17. The user agency has submitted statement showing details of forest area involved in the proposal as under at p. 220/c:-

Sl. District Division Range/Teh Khasra/ Survey Forest Legal No. Village or area status of Compartment proposed forest Number of for area Km. Stone diversion (ha) 1. Sangrur Sangrur Sangrur 18.300-45.22 14.6111 PF Sunam B/S

18. The user agency has submitted statement showing details of non-forest area involved in the proposal as under at p. 221/c:-

Sl. District Division Range/Teh Khasra/ Forest Legal No. Village Survey or area status of Compartment proposed forest Number of for area Km. Stone diversion (ha) 1. Sangrur Sangrur Sangrur/Sangrur Bhawanigarh- - Pucka Sunam- road Bhikhi- Kotshmir road from Km 18.300 to 45.22 B/s

19. Certificate that the forest involved in the proposal is unavoidable and barest minimum forest area at p. 222/c. 20. Justification for locating the project in forest area – No other alternative is available. Forest land is required for improvement of Bhawanigarh-Sunam-Bhikhi-Kotshmir road Km 18.300 to Km 45.22 under Forest Division & District Sangrur, Punjab (p. 209/c). 21. Linear Plan is at ps. 217/c. 22. Undertaking for payment of cost of compensatory afforestation as per prevailing wage rates at the time of plantation at p.223/c. 23. Undertaking to pay the Net Present Value of forest area that to pay the net present value (NPV) of the above forest land and further undertake that in future any revision of NPV directed by any apex court will also be paid at p. 224/c. 24. Trees to be felled: Shisham, Euc. Drek, Mulberry, Masquit, Misc. Total No. trees and 5843 plants. 25. Site inspection by DFO, Amritsar on 12.12.2013 that the user agency has not violated the provisions of Forest (Conservation) Act, 1980 and no work has been started without proper sanction (p. 225/c). 26. Details of degraded forest land: Area to be afforested: 29.833 ha. Plantation will be planted in Sirhind Chre RD 190-206, 232-268 B/s and Dhanouda Disty. Barnala Mauja B/s. (p. 228/c) 27. Scheme for Compensatory Afforestation at ps. 228-232/c within nine years at a cost of Rs. 77,64,218/-. Species: Euc. Kikar, Shisham Muscat, Arjun, Neem, Jamun, Euc. Mulb. etc. at ps. 228-232/c. 28. Land suitability certificate by the DFO that land identified for CA is suitable for plantation from the management point of view is free and all sorts of encumbrances and encroachments (p. 230/c). 29. Undertaking for the payment of affected trees/poles/plants as per prevailing values/rates fixed by Govt. after receipt the in-principle approval. (p. 365/c). 30. Undertaking for providing non-forest land or its cost equivalent to the forest area being diverted (p. 366/c). 31. Undertaking for additional payment of Net Present Value of forest area (p. 367/c). 26

32. Undertaking that the forest area is unavoidable and minimum possible involved (p. 368/c). 33. Undertaking that they will bear the cost of revised rates of compensatory afforestation and others if any (p. 368/c).

Mansa Forest Division:-

17. Details of forest area involved in the proposal at p. 391/c:-

Sl. District Division Range/Teh Khasra/ Survey Forest Legal No. Village or Compartment area status of Number of Km. proposed forest Stone for area diversion (ha) 1. Mansa Mansa Mansa Bhawanigarh- 17.0211 Protected Kotshmir Road ha forest Km 45.22 to 67.80 & Km 79 to 82.5 B/s District Mansa Punjab.

18. Details of non-forest area involved in the proposal at p. 392/c:-

Sl. District Division Range/Teh Khasra/ Survey Forest Legal No. Village or area status of Compartment proposed forest area Number of Km. for Stone diversion (ha) 1. Mansa Mansa Mansa/Mansa Bhawanigarh- Pucka Sunam-Bhikhi- road Kotshmir road Km 45.22 to 67.80 and Km. 79 to 82.5 B/s

19. Justification for location the project in forest land: Certificate from the user agency that the road strip is a forest land declared as P.F. there is no other possible way to widen the road, so this way has been adopted (p. 393/c). 20. Certificate that the forest involved in the proposal is unavoidable and barest minimum forest area at p. 394/c. 21. Linear Plan is at ps. 390 & 519/c. 22. Undertaking for payment of cost of compensatory afforestation as per prevailing wage rates at the time of plantation at p. 395/c. 23. Undertaking to pay the Net Present Value of forest land and further undertake that in future any revision of NPV directed by and apex court will also be paid at p. 396/c. 27

24. Trees to be felled: Trees – 3593 and Poles – 532. Marking list is attached from p. 397- 498/c 25. Site inspection by DFO, Mansa on 12th & 14th October, 2013 stating that the user agency has not violated the provisions of Forest (Conservation) Act, 1980 and no work has been started without proper sanction (p. 499-500/c). 26. Details of degraded forest land on which trees to be planted on B.M.B canal RD 215 to 228 L/s, 232 to 239 B/s, Faggu Minor RD 0 to 15.50 L/s & Kusla Brikillan. Total area – 34.04 ha. (ps. 501/c) 27. Scheme for CA attached at ps. 501-504/c. Species – Euc. Kikar, Shisham Muscat, Arjun, Neem, Jamun, Euc., Mulb. Etc. Time schedule – 10 years. Cost – Rs. 1,08,00,892/-. 28. Land suitability certificate by the DFO that land identified for CA is suitable for plantation from the management point of view is free and all sorts of encumbrances and encroachments (p. 505/c). 29. The user agency has given undertaking that it will bear the cost of raising and maintenance of compensatory afforestation as cost for protection and regulation of safety zone, etc. as per the scheme prepared by the State Government (p. 520/c). 30. Undertaking that the user agency will bear the cost of revised rates of compensatory afforestation and others if any (p. 520/c).

The said proposal was been examined in this Ministry and after preliminary scrutiny it was found that it did not contain the following documents:-

(i) Details regarding number of villages and number of persons will be benefitted from the project. (ii) Requisite documents for compliance under Scheduled Tribe & other Forest Dwellers (Recognition of Forest Rights) Act, 2006, as per MoEF’s guidelines dated 03.08.2009 and 05th February, 2013. (iii) DGPS map of the diversion area and CA area have not been provided. (iv) Toposheet map of the CA has also not been provided.

Accordingly, the State Government was requested to submit the information / documents, as indicated above, for further consideration of proposal in the Ministry.

Now, the State Government of Punjab vide their letter No. FCA/1980/262-263- 264/2013/1605 dated 24.01.2014 (ps. 525-534/c) have submitted the compliance of shortcomings/deficiencies in the proposal as under:-

Deficiency/Shortcoming & their Compliance by the State Government:-

Sr. No. Deficiency/Shortcoming Compliance 1. Details regarding number There are 17 adjoining villages and 61 villages in the of villages and number of vicinity of proposed layout site and approx. persons will be benefitted 10,02,000 people will be benefitted from the above from the project. proposal.

2. Requisite documents for There is no population belonging to “Scheduled compliance under Tribes” or “other Traditional Forest Dwellers” in the Scheduled Tribe & other State of Punjab as envisaged under the “Scheduled Forest Dwellers Tribes and Other Traditional Forest Dwellers (Recognition of Forest (Recognition of Forest Rights) Act, 2006” which has Rights) Act, 2006, as per been certified by the Department of Rural MoEF’s guidelines dated Development and Panchayats, Punjab vide letter No. 03.08.2009 and 05th 25259 dated 09.11.2012 (Annexure-A). Directorate February, 2013. of Census Operations (Government of India, Ministry of Home Affairs), Punjab has also informed vide letter No. 20047/11/2010/PB/5428 dated 12.11.2012 (Annexure-B) (p. 529/c) that “As per the Government notification, 39 Castes have been notified Scheduled Castes. There is no Scheduled Tribe notified in Punjab State. As regards Traditional Forest villages, it is state that the list of villages duly authenticated by the Revenue Authority (Tehsildar) area procured and adopted for conducting Population Census, as per the list of villages received from the Tehsildars from Census 2011, there is no village listed as Traditional Forest village in the State.”

In the absence of any population belonging to Scheduled Tribes or Traditional Forest Dwellers in the State, the compliance of Guidelines dated 30.07.2009, Ministry of Environment & Forests, Govt. of India issued under Recognition of Forest Rights Act, 2006 to initiate and complete process to settle rights of these communities does not seem necessary and there seems no need to under such an exercise in the State of Punjab.

A D.O. letter No. 9248 dated 17.12.2012 has been addressed to the Secretary, Ministry of Environment and Forests, New Delhi for exemption (copy enclosed at Annexure-C) (p. 530-531/c). 3. DGPS map of the Shape file of DGPS map on toposheet diverted forest diversion area and CA area land is enclosed at Annexure-I. (in CD enclosed) have not been provided.

4. Toposheet map of the CA Toposheet maps of the proposed CAs in three Forest has also not been provided. Divisions Sangrur, Mansa and Bathinda area enclosed at Annexure-II, III and IV respectively (p. 532-534/c).

In view of the above facts related to the proposal, the file is submitted for further directions for submission of the proposal to FAC.

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