F. No. 8-60/2017-FC

Sub: Proposal for diversion of 97.143 hectares of forest / revenue forest land (45.095 ha. forest land + 52.048 ha. revenue forest land=97.143 ha. of forest land/revenue land) for Shobhapur underground coal mining in favour of M/s. Western Coal Fields Limited, Pathakhera in State of .- reg.

1. The Addl. Principal Chief Conservator of Forests (Land Management) and Nodal Officer under Forest (Conservation) Act, 1980 Satpura Bhawan, Government of Madhya Pradesh, vide their letter No. F-1/770/2017/10-11/3036 dated 12th October, 2017 placed along with its annexure at page 1-148/c submitted the above mentioned proposal to obtain prior approval of Central Government, in accordance with Section-2 of the Forest (Conservation) Act, 1980.

2. Details indicated in the proposal submitted by the Government of Madhya Pradesh are as below:-

FACT SHEET

Proposal for diversion of 97.143 hectares of forest / revenue forest land (45.095 ha. forest land + 52.048 ha. revenue forest land=97.143 1. Name of the proposal ha. of forest land/revenue land) for Shobhapur underground coal mining in favour of M/s. Western Coal Fields Limited, Pathakhera in Betul District State of Madhya Pradesh.

2. Location:- (i) State Madhya Pradesh. (ii) District Betul 3. Details of the user agency

(i) Name of the user agency M/s. Western Coalfields Limited.

(ii) Nature of the user agency Central PSU.

Particulars of Forests:- (i) Name of forest Division Betul North (T) Forest Division (ii) Forest area involved 97.143 ha. 4. (iii) Legal Status / Sy. No. Division Forest Legal Status Land (ha.) Betul North (T) 45.095 Protected Forest Betul North (T) 52.048 Revenue Forest

(iv) Maps (Pg. 119-122/c). (i) Vegetation Eco-Class-3 5. (ii) Density 0.7

Species-wise local/(Scientific Not applicable, (Diversion of forest land is for 6. names) and girth-wise underground mining). enumeration of trees at FRL. Brief note on vulnerability of the No. 7. forest area to erosion. Diversion of forest land is for underground mining. Approximate distance of the 8. proposed site for diversion from 0. boundary of forest

Whether forms part of National Park, Wildlife Sanctuary,

Biosphere Reserve, Tiger Reserve, 9. Elephant Corridor etc. (if so, the No. details of the area the comments of the Chief Wildlife Warden to be annexed)

Details of wildlife present in and 10. around the forest land proposed No. for diversion.

Whether the forest land proposed for diversion is located within eco-

sensitive zone(ESZ) of the Protected Area notified under Wildlife(Protection) Act,1972 11. (Note: In case, ESZ of a Protected No. Area is not notified,then,10kms distance from boundary of the Protected Area should be treated as ESZ.

Whether any national park, wildlife sanctuary, biosphere

12. reserve, tiger reserve, elephant corridor, wildlife migration No. corridor etc., is located within 1 Km. from boundary of the forest land proposed for diversion.

Whether area is significant from - 13. wildlife point of view

Whether any rare / endangered unique species of flora and fauna 14. No found in the area. If so, details thereof.

Whether any protected archaeological / heritage site / No 15. Defence establishment or any other important monument is located in the area.

Whether the requirement of forest land as proposed by the User

Agency in col. 2 of Part-I is 16. unavoidable and barest minimum Yes. for the project. If no, recommended area item-wise with details of alternatives examined.

Whether any work in violation of the Act has been carried out

(Yes/No). If yes, details of the 17. same including period of work Yes, done, action taken on erring officials. Whether work in violation is still in progress.

As reported by the DFO, North Betul, the details are given is as under regarding the (i) Details of violation (s): violation of the forest conservation (Pg. 132- 138/c).

Period of work done (Year): In consequence of the violation of the Forest (ii) Conservation.

Area of forest land involved in 97.143 ha. (iii) violation (in ha.)

Whether work in violation is still in No. (iv) progress (Yes / No)

Compensatory Afforestation Not applicable as per para 3.2(viii) (c) of hand 18. book of Forest (Conservation) Act, 1980 & guidelines.

Reclamation Plan Not applicable. Diversion of forest land is for 19. underground mining.

20. CAT Plan Not applicable.

21. Rehabilitation of Oustees No.

Employment Potential Permanent 1729 permanent 22. / Temporary. 865 temporary

Whether clearance under the The State Government has reported that 23. Environment (protection) Act, project proponent has obtained environment 1986 is required? clearance vide MoEF & CC No.J-11015/30/89- IA-II (M) dated 02.08.2006 (Pg. 103-106/c). 24. Status of Wildlife Clearance No

Total period for which the forest 30 years. (Pg. 62/c). 25. land is proposed to be diversion (In years). 26. Cost Benefit analysis. Rs. 41604.32 crores (Pg. 102/c). 27. Total Cost of the Project (Rupees 715.19 lakhs (Pg. 62/c). in lakhs) Site Inspection Report of the Site Inspection Report by Divisional Officer, Divisional Forest Officer in Singrauli is enclosed at page no. 124-126/c. 28. compliance to the conditions stipulated in the col. 7 (xi, xii) 8 and 9 previous approval. 29. Recommendations: -

(i) DFO Recommended (Pg. 144-146/c).

(i) Applied compartment number – PF-1629, PF-481, PF-482 is situated at a distance of less than 10 Km from Satpuda Melaghat Tiger Reserve Corridor boundary. (ii) Applicant organization has been extracting mineral from the applied forest land after acquiring the land under the coal bearing areas Act, 1957. According to the directives of Government of , MoEF & CC, New Delhi letter No. F-2-1/2003-1FC (Part-4) dated 06.12.2004 “In respect whereof lease was granted prior to commencement of forest (Conservation) Act, 1980 i.e., 25/10/2004 prior approval of the Central Government under the Act must be obtained for Extraction of minerals involving extension after 25.10.1980, of the forest land broken underground (in case of those mines from which extraction of mineral took place before 25.10.1980 at least from a part of the leased area).” (iii) Government of India, MoEF, New Delhi Letter No. 8-102/2004-FC dated 30.01.2012 had accorded stage – I approval for diversion of 90.00 ha. of forest land for renewal of mining lease out of 122.00 ha. Forest land. Fulfilment of condition (ii) & (ix) has not yet them complied by the applicant (WCL). Rs. 25, 62, 766/- has not yet been deposited by the user agency (applicant WCL) till date. The amount to be deposited by applicant was due in 2012. During the last 5 years this amount has increased due to price escalation. (iv) The user agency is continuously extracting mineral from the above mentioned forest land since 1980. Therefore Ex-post facto approval may be granted to the applicant after imposing penalty on the organization as mining activities is being carried out by the organization without prior approval of the Central Government (Pg. 142/c).

(ii) CCF Recommended (Pg. 139/c).

(iii) PCCF / Nodal Officer Recommended (Pg. 147/c).

Recommended (Pg. 148/c). (iv) State Government

The District Collector, Betul, Government of Madhya Pradesh vide his letter No. 3978 dated 27.05.2017 (Pg. 123/c) has issued a FRA certificate for diversion of 97.143 hectares of forest / revenue forest land (45.095 ha. forest land + 52.048 ha. revenue forest land=97.143 30. Compliance of Scheduled Tribe ha. of forest land/revenue land) for and Other Traditional Forest Shobhapur underground coal mining in Dwellers (Recognition of Forest favour of M/s. Western Coal Fields Limited, Rights) Act, 2006 Pathakhera in Betul District State of Madhya Pradesh. Documentary evidences in support of settlements of rights under the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, has not been given. 31. District Profile, Betul

(i) Total Geographical area (in Ha.) 1004300 ha.

(ii) Total forest area (in Ha.) 404884.3 ha.

(iii) Total area diverted since 1980 2211.781 ha in 50 cases.

(iv) Total area proposed for afforested since 1980 (a) forest land including penal 1274.317 ha Compensatory Afforestation 0 (b) non-forest land.

(v) Total area afforested since 1980 27.04.17

(a)forest land 0 (b) non-forest land 0

32. Details of mining lease:-

(i) Date of grant of mining lease Not provided.

(ii) Total area of the mining lease Not provided. (granted originally) (iii) Date of execution of mining lease Not provided.

(iv) Mine Plan Not provided.

(v) Progressive Mine Closure Plan Not provided.

The Government of India, Ministry of Environment & Forests New Delhi Letter no./ F. NO.-8-102/2004-FC dated 30/01/2012 (Pg. 138-140/c) had accorded stage "I" approval for diversion of 90.00 ha. of forest land for renewal Date of earlier approval obtained of mining lease out of 122.00 ha. Forest land. (vi) under the Forest (Conservation) Fulfilment of condition (ii) & (ix) has not yet Act, 1980. been complied by the applicant (WCL). Rs. 25, 54, 62, 766/- has not yet been deposited by the user agency (applicant WCL) till date. The amount to be deposited by applicant was due in 2012.During the last 5 years this amount has increased due to price escalation.

Other Remarks:-

The forest land proposed to be diverted has been inspected by Shri B. Abhay Bhaskar, Dy. Conservator of Forests (Central), Regional Office (Central Zone), Bhopal along with representatives of the State Forest Department and the user agency on 11.01.2018.

Important information furnished in the inspection report submitted by the Central Regional Office of this Ministry vide its letter dated 04.12.2017 are as below: Site Inspection Report of proposal for diversion of 97.143 hectares of forest / revenue forest land (45.095 ha. forest land + 52.048 ha. revenue forest land=97.143 ha. of forest land/revenue land) for Shobhapur underground coal mining in favour of M/s. Western Coal Fields Limited, Pathakhera in Baitul District State of Madhya Pradesh:- Officers present during site inspection:

a) Shri B. Abhay Bhaskar, DCF (C), RO Bhopal. b) Mrs. Rakhi Nanda, DFO, North Betul, Forest Department, Govt. of MP. c) Shri Pamposh Mohan Koul, TO (F), RO, Bhopal. d) Shri Ajay Shukla, DGM, WCL Pathakera, Betul. e) Representative of WCL & Forest Department. 1. Legal status of forest land proposed for diversion.

Reserved Forests 00.00 ha. Protected forests 45.095 ha. Revenue Forests 52.048 ha. Non-forests 99.436 ha.

2. How the land proposed for diversion is to be utilized? For underground coal mining project. 3. Whether the proposal involves any construction of buildings (including residential): No. 4. Total cost of Project: Rs. 715.19 lakhs. 5. Wild Life: Not give in Part-II No direct sighting of wildlife during site inspection. Whether the forest area proposed for diversion is important from Wildlife point of view or not: Proposal is not a part of any protected area but in 10 km radius of Satpuda-Melghat Tiger Reserve Corridor & Pachmadhi Biosphere Reserve boundary. 6. Aerial distance from the nearest boundary of any protected area: Not given in part-II 7. Vegetation: a) Trees to be felled: NIL. b) Effect of removal on the general ecosystem in the area: Not Applicable. S. No. Area (in ha.) Density Eco-Class 1. 97.143 0.7 Eco 3

As per Part-II, Canopy Density is 0.7 in Eco Class 3. DSS-FSI report (enclosed) does not support the facts mentioned in part-II. As per the DSS it is an open forest. The same situation was also observed during site inspection. 8. Background note of the proposal: Entire area is being used for underground coal mining project from 1974 to 2013. Now user agency wants to legalize the entire issue. 9. Compensatory Afforestation: Not applicable as per 3.2(vii) (c) of F(C) A, 1980 handbook/ guideline. But, as the proposal involves violation the State Govt. need to be asked for the proposal. 10. Whether proposal involves violation of Forest (Conservation) Act? : The User Agency was in continuous operation and mineral (coal) extraction from 1974 from proposed forest land for diversion. At present, the user agency wants to legalize the issue under FC Act, 1980 and submitted the application for post facto approval from the Central Government. 11. Whether the proposal involves rehabilitation of displaced people? : NO. 12. Reclamation Plan: details and Financial Allocation: The underground mine was closed in 2013 means all reclamation work underground was completed. Above structure are situated on non-forest land. 13. Cost benefit ratio: submitted. 14. Utility of project: already completed underground coal mining project. 15. Number of Scheduled Case and Scheduled Tribe involved in the project: No. 16. Compliance of FRA 2006-DC Certificate: submitted along with this proposal. 17. Whether the land being diverted has any socio-cultural / religious value: No. 18. Whether any sacred groves or very old growth of tree of forest exist in the area proposed for diversion? : No. 19. DFO recommendation: No clear recommendation of DFO in accordance with rules, regulations and guidelines of F (C) A, 1980. i. E. portal: (i) The applicant agency is continuously extracting mineral from the above mentioned forest land since 1980, therefore Ex-post facto approval may be granted to the applicant after imposing penalty on the organization as mining activities is being carried out by the organization without prior approval of the Central Government.

20. CCF recommendation: SIR of CCF is not submitted. 21. Recommendation of Nodal officer and the State Government: Recommended. 22. Details of comments of the APPCCF (LM), MP on alternate routes/alignments for locating the projects: Recommended by APCCF (LM), MP. 23. Observations / Comments of DCF (C), RO, Bhopal:- The APCCF (LM) / Nodal Officer, Govt. of Madhya Pradesh submitted the reply vide letter dated 10/11/2017 (Pg.161-162/c) in respect to 39.817 ha diversion f/o WCL, Betul addressing similar comments of DFO, where in it is submitted that the cases against the WCL are resolved and the penalty of RS.25.54 crores for CA and Penal CA is lying pending at MoEF & CC, Govt. of India for consideration.

The Stage-I approval issued vide Government of India, MoEF&CC Letter no. F. NO.8- 102/2004-FC dated 30.01.2012 for diversion of 90.00 ha of forest land. The condition no. 9ii) and (ix) of Stage-II dated 30.01.2012 have not been fulfilled as reported by DFO, North Betul. Therefore, the undersigned proposes that MoEF&CC may further sought following information from the State Govt. of Madhya Pradesh of Madhya Pradesh:-

a) KML file of proposed CA and Penal CA (i.e. for 630 ha). b) Detailed CA scheme proposed CA and Penal CA. c) Site suitability and inspection from officer not below the rank of CCF of the same. d) State Government shall submit the compliance report of the conditions stipulated in Stage-I approval issued vide Government of India, MoEF&CC Letter no. F.NO.8- 102/2004-FC dated 30.01.2012.

Specific observation:-

(a) The user agency had already completed its operation in year 2013 (07/05/2013), the mine was under operation from 1974 to 2013. At present the mine closer plan is under implementation and the user agency is in process of handing over of land to respective departments (Revenue, forest department, etc). Chronological events of Shobhapur UG Mine (As per information supplied by UA and Forest Department)

Year Activity

1974 Mine as allotted

2007 WCL / UA applied under F (C) A, 1980

2007 FRA 2006 certificate was applied by WCL UA

07/05/2013 As the extractable i.e. up to 60 % was extracted as per board and pillar method, mining operations were stopped and all shafts leading to entry into the mines were closed / sealed permanently.

26/10/2016 Applied under new Format on e-portal (proposal no. FP/MP/MIN/20922/2016)

25/05/2017 FRA 2006 certificate was issued by DC, Betul

04/12/2017 Site Inspection

(b) As per the forest department, surface area was under management of forest department and regular management of area as per the working plan prescription. The compartment R-340 & PF 1629 was inspected. (c) The Site Inspection Report of CCF, Betul is not available. (d) As per part-II, DFO reports that the area has CD 0.7, Eco –class 3. DSS is not supporting the facts and site inspection too. (e) NPV: as the mine was closed in 2013 and user agency has the actual subsidence values for 3 years. NPV shall be charged based on the F (C) A, 1980 guideline No. 5-3/2011- FC dated 16/03/2016, as applicable. (f) CA is not applicable for UG mines as per 3.2 (vii) (c) of F (C) A, 1980 handbook/guideline but UA continued the operation and the State Forest department did not stop the extraction of mineral, responsibility on both may be fixed. (g) Penal NPV and Penal CA as deemed fit may be imposed. (h) The UA shall also provide the fencing for entire area, as signs of encroachments were visible. (i) The handing over of revenue forest land to forest department shall be explored by the State Government. (j) The 10% of CSR budget of WCL shall be utilized in the Betul District with the consultation of Local Forest Department. The above observations are framed as the WCL is Government Company, UG mine operations are closed and reclamation work in UG section is completed in 2013. The Surface area is under active management of forest department. In view of this above specific observation and comments are submitted for consideration in FAC, please.

24. Recommendations of APPCF(C), R.O., Bhopal:-

(i) The Forest Advisory Committee may consider the proposal for diversion of 97.143 ha. of forest / Revenue Forest land (45.095 ha. Forest Land + 52.048 ha. Revenue Forest Land = 97.143 ha. of Forest Land / Revenue Land) for Shobhapur Underground Coal Mining in favour of M/s. Western Coal Filed Limited, Pathakhera in Baitul District, Madhya Pradesh in view of the observation submitted by DCF (C), Regional Office, Bhopal.

25. The major observation made by DSS Cell, FC Division are as under:

I. In case of Forest land proposed for Diversion:

1. Proposed forest area for diversion falls under North Betul Division, Betul district of Madhya Pradesh State.

2. Calculated area of Shape file/ KML file of Forest land proposed for diversion is found 102.43 ha

3. As per DSS analyzed report, KML file/ Shape file of Mining Lease boundary is not provided over Forest clearance portal. Moreover, calculated area through software of forest land proposed for diversion is found 102.43 ha. instead of applied area of 97.143 ha. of forest land, thus there is a discrepancy of 5.29 ha. of area mentioned in proposal and area calculated through software. Correct Shape file/ KML file may kindly be provided.

4. The proposed area for diversion is found "Not-Inviolate" based on DSS Decision Rule 1 & 2.

5. The proposed UG mine is located at a distance of 7.98 Km from "Satpura-Melghat-1" Tiger Corridor.

6. Forest Cover: Out of total forest area proposed for diversion, 3 ha. of land as Open forest and 99 ha. of land as Non Forest in terms of forest classes (as per the ISFR 2015) based on the interpretation of satellite data period 2013-2014.

7. Forest Types details: 5A/C1 b Dry Teak Forest: 4 ha., 5A/C3 Southern Dry Mixed Deciduous Forest: 4 ha, Non-Forest: 94 ha.

In view of the above facts related to the proposal, it is submitted the proposal for further directions to place the proposal before the FAC in its forthcoming meeting scheduled to be held on 23rd February, 2018. ****