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F. No. 8-60/2017-FC Sub: Proposal for Diversion of 97.143 Hectares Of

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F. No. 8-60/2017-FC Sub: Proposal for Diversion of 97.143 Hectares Of 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 Betul District State of Madhya Pradesh.- 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 Bhopal 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 India, 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.
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