Agenda No. 5 File No

Agenda No. 5 File No. 8-56/2012-FC

1. The State Government of Manipur vide their letter dated 25.06.2012 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 491.67 ha. forest land for construction of new Broad Gauge Railway line from Jiribam to Imphal as part of a National Project for railway connectivity to the State of Manipur. 2. Details indicated in the proposal submitted by the Government of Manipur are as below:

FACT SHEET

1. Name of the Proposal Diversion of 491.67 ha. forest land for construction of new Broad Gauge Railway line from Jiribam to Imphal as part of a National Project for railway connectivity to the State of Manipur.

2 Location:

State Manipur.

District Tamenglong, Senapati, Imphal East.

3. Particular of Forests

i Name of Forest Division Western, Jiribam & Northern Division.

ii Area of Forest land for 491.67 ha. Diversion

iii Legal Status of Forest Class Western Jiribam North Total land Reserved 0.00 14.75 0.00 14.750

Protected 237.328 0.00 5.216 242.544

Unclassed 219.366 15.01 0.00 234.376

Total 471.705 14.75 5.216 491.67

iv Density of Vegetation Ranges from 20% to 45%.

v Species-wise and The forest land proposed for diversion contains diameter class wise 8,562 trees, 18,000 Melocanna baccifera bamboos and enumeration of trees 2,000 bamboos of other species. Important tree species available therein are Gmelina arborea, Artocarpus chaplasa, Schima wallichii, Quercus castonopsis, Michelai champaca, Phoebe hainesiana, Machilus bombycina, Toona Cilaiate, Mesua ferrea etc. The girth-class wise distribution of trees available in the forest land proposed for diversion is as below: Less than 100 cm: 4,022, 101 cm – 130 cm- 2,741, 131cm – 160 cm: 1288 cm, more than 160 cm: 511. 32

4. Vulnerability of area to Steep slope, Fresh cut and Jhum areas are vegetation vulnerable to erosion.

5 Approximate distance of The proposed site passes through Keiphundai proposed site for Reserved forests over 1.475 Km. diversion from boundary of forest

6. Whether forms part of No. National Park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant Corridor etc. (if so, the details of the area the comments of the Chief Wildlife Warden to be annexed)

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

8. Whether any protected No. archaeological/ 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 It is unavoidable and it is to the barest minmum. of forest land 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 Yes. Earth work for tunneling since Oct 2010 as a violation of the Act has National Project. been carried out (Yes/ 33

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 The compensatory afforestation (CA) is proposed to Afforestation Scheme: be raised in 984 hectares of degraded forest land proposed to be diverted. Scheme for creation and four year maintenance of CA at an estimated outlay of Rs. 383.50 lakhs has been prepared. Certificate from the concerned Divisional Forest Officer regarding suitability of the land identified for creation of the CA has been enclosed with the proposal.

12. Recommendation

DFO Recommended.

CF Recommended.

Nodal Officer, FC Act, The project will usher in all round development in 1980 the State of Manipur. Hence recommended for acceptance.

State Govt. Recommended

3. The State Government of Manipur submitted following additional information in their said letter: (i) The proposal submitted by the Northeast Frontier Railway seeks diversion of forest land measuring 491.67 ha. for construction of New Broad Gauge Railway Line from Jiribam to Imphal in Manipur (National Project). The forest area to be diverted falls within the forest areas of Jiribam, Western/Tamenglong and Northern/Kangpokpi Forest Divisions in Manipur. The total length of the line is 125 km of which 115.30 km will be on forest land. The length of the line under ‘tunnels’ is assessed at 54.62 km. The proposed project is a site specific project and there is no other site where the works can be taken up in order to achieve the objective. The User Agency has informed that the proposed alignment of the railway line is the shortest and technically feasible route connecting important places in between Jiribam and Imphal. The total cost of the Project is estimated to be Rs. 3056.85 Crores (approx). (ii) The project is being implemented by the Northeast Frontier Railway as the User Agency. The main objective is to provide rail connectivity to the capital town Imphal of Manipur State. The proposed rail line (125 Km in length) starts from the existing Jiribam station of N.F. Railway in Manipur. In phase I, railway line between Jiribam (at Km 0/000) to Tupup (at Km 98/080) is to be constructed. For Phase-II, beyond Tupul and up to Imphal, survey is in an advanced stage of 34

completion. In phase-III extension of line from Imphal to Moreh has also been agreed to by the Railway Board.

(iii) The forest area to be diverted falls within the forest divisions of Jiribam, Western/Tamenglong and Northern/Kangpokpi Forest Divisions in Manipur. The proposed project shall affect 8562 trees and 0.20 lakh bamboo culms. The details of species-wise and girth class-wise enumeration of trees is enclosed. The main forest type is Tropical Mixed Moist Deciduous Forests. The ruling crown density of the proposed diversion area is 0.45 for moderately dense forests & 0.20 for open forests, and assessed Eco-Class of the forest land is Eco-class-I.

(iv) The proposed forest land for diversion does not form part of any wildlife Sanctuary/National Park/Protected area/Biosphere Reserve, Reserve sample or preservation plot. The forest type is Moist Mixed Deciduous Forests, partly Wet Hill Forests. Gmelina arborea (wang), Toona ciliate (Tairen), Quercus spp., Michelia champaca, phoebe hainesiana & Schima wallichii (Usoi) are the main species. The area does not have/possess importance from archaeological view point.

(v) The forest land to be diverted for the above project is 491.67 ha. Since non forest land is not available, CA has been proposed over an area equivalent to double the diversion area (984 ha) in degraded forest land. DFOs concerned have drawn up a CA scheme with a fiancial outlay of Rs. 383.50 lakhs. The CA scheme envisages block plantation over 984 ha. and the scheme is given the required technical and administrative approval by the senior officers. The details are as follows:

District Division Range Block Area W Circle (ha.)

Tamenglong Jiribam Jiribam Kaiphundai 200 Pltn W Circle

Tamenglong Western Nungba Kambiron 784 Pltn W Circle

Total 984

(vi) There is no displacement of human population owing to the project.

(vii) The Environmental Clearance is not required as per EIA Notification dated 14.09.2006.

(viii) The cost benefit analysis as provided in the diversion proposal is said to be 1: 1.026.

(ix) There has been violation of the Forest (Conservation) Act, 1980 by the User Agency. As reported by the Conservator of Forests/Western Circle, breaking/clearance of forest land has already been made for 15 tunnels (6 at Awangkhul, 4 at Lukhambi, 1 at Nungtek, 4 at Marangching) at an estimated area of 0.40 ha each, thereby totaling to 5.00 ha. This amounts to violation of FC Act, 1980. Therefore, penal CA has been proposed. However, considering the importance of the project and its positive impact on the economy of the state, and limitation of the User Agency due to short working period, law & order problem, etc., minimum penal afforestation is proposed over an area slightly more than double the extent of forest land broken or cleared for the tunneling works i.e. 12 ha. 35

(x) The concerned Officers including the Nodal Officer/FCA have recommended the proposal. None of the assessment officers has provided any adverse comments on the proposal and it has been suitably commented upon by senior officers. The proposed diversion is not likely to affect the habitat of any endemic, threatened species of fauna or flora. There will be insignificant effect on the water body of the area. The general effect on forest ecosystem and biodiversity will also be insignificant. The project is not likely to adversely affect timber, fuelwood, MFP supply to rural masses.

(xi) The project benefits cannot be ascertained in terms of monetary benefits. The proposed railway line will bring about the overall socio-economic development of the state. The Project is a national Project and is considered to be of paramount importance to the State.

4. The forest land proposed for diversion was inspected by Shri B.S. Kharmawphlang, Chief Conservator of Forests (Central), Regional Office (North East Zone), Shillong on 10th Oct,2012 along with representatives of the State Forest Department and the user agency. Additional information available in the site inspection report received from Regional Office (North Eastern Zone), Shillong vide their letter dated 30.10.2012 are as below:

(i) Due to security reasons, the site inspection was carried out in 2 days i.e. on the first day 10th Oct,2012 from Imphal to Khongsang and on 11th Oct,2012 the 2nd day i.e. Jiribam to Khongsang. The tunnels and railway tracks which were located deep inside the forest area could not be approached as the area is highly sensitive and infested with various underground groups, moreover the road from Imphal to Jiribam is in a very bad condition since it is not being maintained by the Border Road Organization and is not motorable during heavy rains. The Northern Frontier Railways provided security during the two days of field visit.

(ii) The Inspection on 10th Oct, 2012 was carried from the National Highway all along the length of the proposed railway track from Imphal to Khongsang. It was observed that the railway track and tunnels are located in the Unclassed State Forests, Protected Forest and Reserved Forests. The railway track alignment passes through the cultivated paddy fields in plain areas of Imphal. The railway track do not pass through any human habitation except at the end point in the plain areas of Imphal valley. The laying of the railway tracks is mostly on hill side (in cutting) of the track and it involves cutting of the hill for construction of tunnels 20 nos. and the nos. of bridges is to be constructed is yet to be finalized (the exact no is not yet ascertained from the railway officials) from Imphal to Khongsang.

(iii) The inspection from Jiribam to Khongsang was carried out on the 11th Oct,2012 along with Shri W. Yaiskul Singh DFO, Jiribam Forest Division along with Shri. S.P. Deshmukh, Deputy Chief Engineer, Jiribam,Shri.T. T. Bhutia, Deputy Chief Engineer, Jiribam, Shri.G.S.Roy, Executive Engineer, Shri. S.Das Executive Engineer, Shri. K.Bayan Assistant Executive Engineer. It was observed that there is an existing broad gauge railway track and Railway Station which terminates at Jiribam and which is connected with Silchar Railway Station. The proposed new railway track construction is about 600 metres from the existing station, and there are 18 nos. of tunnels for construction from Jiribam to Khongsang. On this date the rainfall was heavy and the site of tunnel construction which is located in the 36

forest area could not be inspected as the road was muddy and slippery. The railway track do not passes through any human habitation except at the end point in the plain areas of Jiribam. Shri S.P.Deshmukh informed that the construction work of tunnel at Kulbung is in progress and at Thinglukbung the construction has started.

(iv) Efforts were made to go and visit as far as possible to the tunnels and railway track and these are shown in the photographs.

(v) Northern Frontier Railways in its narrative of the project did not provide the width of railway track, total land to be acquired by railways for station, office etc. The number of tunnels and bridges all along the railway track from Jiribam to Imphal has not been provided too.

(vi) Now without obtaining any forest clearance under FC Act 1980, the Northern Frontier Railways has started the laying of railway tracks and construction of tunnels, which is a violation and attracts the provisions of FC Act 1980, and also Hon’ble Supreme Court order in WP(C) 202/95 Dtd.12.12.1996. The construction work was observed during the site inspection on 10/10/2012 and 11/10/2012 and there is no official documents enclosed in the proposal from the State Government directing the Northern Frontier Railways to stop work till the Forest Clearance under FC Act 1980 is issued by Central Government.

(vii) The Northern Frontier Railways has started laying of railway line 600 meters from existing railway station Jiribam and construction of tunnel started at several forest areas as (6 at Awangkhul,4 at Lukhambi, 1 at Nangtek and 4 at Marangching)the portion between Imphal between Jiribam. Shri.S.P.Deshmukh Deputy Chief engineer N.F Railways on 11/10/2012 during site inspection informed that in between Jiribam and Imphal the construction of tunnel at Kulbung is in process and at Thinglukbung it has just been started.

(viii) The Detailed breakup of the forest land involved in the three Forest Divisions as mentioned above has not been provided by the State Government.

(ix) It was informed by the railways officials that the site for railways station, railways protection force quarters, railways office etc. have not been provided in the current proposal.

(x) The User Agency in Form-A Part-1 has mentioned the total Cost of the Project is approximately Rs3056.85 Crores.

(xi) The proposed forest area does not form part of National Park/Wildlife Sanctuary etc and there is no existence of rare or endangered species. The site inspection report of the 3 DFO’s i.e. Jiribam, Northern and Western Divisions has not been provided in the proposal submitted to this office. The inspection report of the Conservator of Forests, Western Forest Circle was also not annexed in the proposal.

(xii) The vegetation consist of moderately dense forests on the hills and open forests with jhum cultivation, permanent cultivation in the slopes of the hills all along the railway track proposed for construction.

(xiii) The Total number of tree to be felled as per the enumeration list from Jiribam to Imphal furnished by the DFO, Western forest Division, Tamenglong is 8562 trees. The enumeration list provided is for girth class 100 cm and above, the girth class below 100 cms upto 30 cms did not find any mention in the enumeration list.

(xiv) On the date of site inspection it was observed that enumeration list submitted by State Government for felling of 8562 trees works out to be 17.41 trees per ha which may increase in nos as the girth class of trees below 100 cms was not provided. The proposal submitted by the State Government did not provide the width of the railway track and the right of way for the railways and the forests area for construction of station yard, office building etc. This would further increase the nos of trees to be felled, therefore a complete enumeration of trees from 30 cms and above, on the forest areas acquired by the North Frontier railways for various infrastructure is to be carried out again.

(xv) The density of the forest area ranges from moderate dense to open forest as observed during the site inspection.

(xvi) An area of 984 ha of degraded forests land at two blocks one at Kaiphundai of 200 ha under Jiribam Forest Division and 784 ha at Kambiron under Western Tamenglong Forest Division has been identified for creation of compensatory afforestation. The suitability certificate has been provided by the DFO, Western Forest Division only and not by DFO Jiribam Forest Division.

(xvii) The degraded forest land of 984 ha for raising compensatory afforestation is in two patches of 200ha ha. under Jiribam Forest Division and 784 ha under Western Forest Division,Tamenglong. The suitability certificate for raising compensatory afforestation has been issued only by the DFO, Western Forest Division, Tamenglong. (xviii) The total financial cost for the compensatory afforestation which includes creation of nursery, creation of plantation maintenance upto 7th year and other components is Rs.383.50 lakhs as per the schemes which has been enclosed with the proposal submitted to the Ministry, New Delhi.

(xix) Violation of FCA 1980 has been reported by the State Government, but it lacks the details of the action taken by the State Government along with the proposal.

(xx) Does not involve any rehabilitation as stated by the User Agency in form A Part–I of the proposal forwarded by the State Government. However, the compensation for cultivated fields etc all along the proposed railway track shall have to be paid to the villagers as informed by the Railways Officials.

(xxi) The cost benefit ratio submitted by the User Agency but not Sl. no 8 of the parameters for evaluation of benefit not provided.

(xxii) The User Agency has not mentioned the number of SC/ST to be benefitted in terms of employment and other wages during the construction works. But however on completion of the railway project the entire SC/ST population of the State will be benefited.

(xxiii) The shortest aerial distance of the proposed forest diversion from the proposed Wildlife Sanctuary, Zeilad Lake is 10 km approximately as informed by the present CCF/Nodal Officer FCA, letter dtd.25/10/2012.

5. Shri B.S. Kharmawphlang, CCF (Central), Regional Office (North Eastern Zone), Shillong also made following observations on scrutiny of proposal and during the two days of field visit are given below:

(i) Site Inspection Report of DFO as mentioned in Part II sl. No. 11, not enclosed with the proposal.

(ii) Site Inspection Report by Conservator of Forests as mentioned in Part III sl. No. 14, not enclosed with the proposal.

(iii) Detailed report on violation and action taken as per local Forest Acts & Rules of (Manipur Forest Acts & Rules) and action taken by the Forest Deptt. /State Govt. against the responsible officials for violation of FC Act, 1980, not provided along with the proposal.

(iv) Nos. of tunnels to be constructed all along the railway alignment is to be provided along with GPS Co-ordinates, the forest area involved for each tunnel construction is also to be provided.

(v) The User Agency are to provide the details of:

(a) Length of railway track.

(b) Width of railway track.

(d) Number of bridges.

(e) Area required for; (i) Station (ii) Store yard (iii) Office (iv) Staff quarter (v) Railway Protection Force Quarter (vi) Roads (vii) Transmission line (viii) Dumping yard (ix) Workshop etc. (x) Siding of wagons & engine and any other infrastructure.

(vi) Muck disposal site & plan.

(vii) GIS Co-ordinates at starting and end point of the railway track.

(viii) Enumeration of trees 30 cms. and above is to be provided.

(ix) Boundary of Reserved Forests, Protected Forests & Unclassed State Forests is to be shown distinctly in map duly authenticated by the concerned Divisional Forest Officer. (x) Applicability of Forest Right Act, 2006 if any in the forest area proposed for diversion details to be provided. Non-forest land involved in the project if any details to be provided and to be depicted in the scanned Topo Sheet. (xi) Human habitation in railway alignment and rehabilitation if any is to be provided.

(xii) Purpose-wise break-up of total land involved for the project to be provided.

(xiii) Break-up of forest area stated at sl. No. 7(v) Part II to be rechecked by Forest Deptt.

(xiv) User Agency to submit a detailed project report along with map to scale showing all the break-up of different activities i.e. railway track, tunnel bridges, station, office building etc using different distinct colours.

(xv) It was informed on 10.10.12 by Shri V. Hauzel, Executive Engineer Railways that there are court cases pending in D.C. Court for land compensation, Forest Department to examine this and to give details so as not to attract any legal complication in High Court from the local people whose land is involved in the forest diversion related to railway project.

(xvi) State Forest Deptt. to identity which are non-forest& forest area in the proposed railway line Construction to depicted in a map to scale.

(xvii) Whether the Ministry of Railway have any proposal to extend the railway line beyond Imphal is not mentioned in the proposal. In case there is such proposal the details to be provided by the Railways.

(xviii) The Suitability certificate for the Compensatory afforestation site has been provided by the Divisional Forest Officer, Western Forest Division, Tamenglong only and not by the Divisional Forest Officer Jiribam as the site for compensatory afforestation is at two forest areas. The DFO, Jiribam therefore should submit a certificate for the proposed compensatory afforestation site under his jurisdiction.

(xix) The State Government should also examine the applicability of the Environment Impact Assessment Notification, 2006 related to the construction of infrastructure of this Railway Project.

6. Specific comments/recommendations of the Chief Conservator of Forests (Central), Regional Office (North Eastern Zone), Shillong are as below: (i) On the basis of scrutiny of the proposal and observations made during the field visit the proposal is very deficient and incomplete. The State Government is to re- examine the proposal and to submit a revised proposal to the Ministry. The detailed reasons are given at Sl. No 20 of this report. As there is a violation and the North Frontier Railways are going ahead with the construction even at the time of field visit I recommend that the penal afforestation for this project should be four times the forest area diverted, Ministry may also examine this matter. (ii) There is no other alternative alignment for the railway track from the 0.00Km of the existing Jiribam Railway Track and Station. The alignment proposed by the railway involved less forest land and cutting of trees as most of the railway track in the hills is on the hill side (in-cutting). The railway track alignment proposed by the railway as seen from the map is shortest and it is also far from the human habitation except at areas near existing Jiribam Railway Station and the plain areas of Imphal Valley.

7. The proposal is placed before the Forest Advisory Committee (FAC) for its consideration and appropriate recommendations. *****