Agenda-3 File No. 8-172/1986-FC (Pt.-I) 1. State Government Of

Agenda-3

File No. 8-172/1986-FC (pt.-I)

1. State Government of Uttarakhand vide their letter dated 23rd August 2013 submitted a proposal to obtain prior approval of Central Government for change of user agency from Irrigation Department, State Government of Uttarakhand to Uttarakhand Jal Vidhyut Nigam Limited (UJVNL) in respect of 768.1552 hectares of forest land (out of the 868.08 hectares of forest land already diverted in favour of the Irrigation Department for construction of Lakhwar Vyasi Multipurpose Project) for construction of Lakhwar multipurpose project in Dehradun and Tehri Garhwal districts of Uttarakhand.

2. The following has been indicated in a background note enclosed with the proposal:

(i) The Lakhwar Vyasi Multipurpose project envisages construction of Lakhwar Dam at Lohari village, Vyasi Dam near Juddo village and a barrage near Katapathar on river Yamuna. The basic purpose of Lakhwar Vyasi Multipurpose project was to provide electricity, drinking water and irrigation to the states of Uttar Pradesh, Himachal Pradesh, Delhi, Rajasthan and Haryana etc.

(ii) Approval to divert 868.08 hectares of forest land for the construction of Lakhwar Vyasi Project proposed on forest land was granted by the Ministry of Environment and Forests, Government of India on 30.10.1986. The then Government of the undivided State of U.P. issued formal orders for diversion of 868.08 hectare of forest land to Irrigation Department, U.P.

(iii) The construction work on Lakhwar Vyasi Project was started in 1987 and was continued till 1992 but due to unavoidable reasons construction work of Lakhwar Vyasi Multipurpose Project was stopped in the year 1992. Till this time 30%

construction of the project was already completed.

(iv) Item-wise details of works already executed at the project are as below:

Sl. Completed Remaining Item of Work No. Work Work 1. Lakhwar Dam Construction of 86 m high & 203 m Nil 100 % long gravity dam, intake structures Abutment stripping 90 % 10 %

2. Diversion Tunnel (2 Nos.)

I – 567.67 m length 90 % 10 %

II –m 596.05 meters 90 % 10 %

3. Lakhwar underground power house 21

Main Power House 50% 50 % (As per TCA note)

Adit to erection bay (length 213 m) Completed NIL

Adit to control Room (length 186 m) Completed NIL

Tail race tunnel (length 159 m) 96 m 63 m excavation completed

4. Upper drainage gallery Completed Nil

5. Lower drainage gallery (Length 140 m) Nil 100%

6. Draft Tube (3 nos.) length each 31.75 m Nil 100%

7. Adit to control room (length 585 m) 96 m 489 m

8. Additional collection chamber 80% 20%

9. Katapahar barrage Nil 100%

(v) Thereafter, for the construction of Lakhwar Multipurpose project and to complete other formalities related to related to Project, a MoU was signed on 01.11.2003 between Government of Uttrakhand and NHPC Ltd. and the work of Survey, Investigation, Detailed Project Report preparation etc. was carried out by NHPC Ltd. Afterwards, Government of Uttarakhand entrusted the implementation of Lakhwar Vyasi Project to UJVN Ltd. It was clearly specified in the aforesaid letter that the construction of Lakhwar Vyasi Project to UJVN Limited vide order No. 1596/ 1 (2)/2008-04 (8)/77/2003 dated 23.06.08.

(vi) The earlier Environmental Clearance issued to Lakhwar Multipurpose Project continues by Ministry of Environment and Forests, GoI vide letter No. J.12011/32/2010-IAI dated 10.01.2011. The Technical Advisory Committee (TAC) on DPR of Lakhwar MPP was accorded by the Central Water Commission vide letter No. 16/27/2012-PA/8-32 dated 3.1.2013.

(vii) The proposal for transfer of 99.93 ha. forest land from Irrigation Department to UJVN Ltd. for construction of Vyasi Hydro Electric Project has been sent to MoEF for approval. Ist stage clearance of the proposal has been accorded by the MoEF vide letter No. 8-172/1986-FC (part) dated 23.01.2013 and compliance report of the above letter has been sent to MoEF.

(viii) The proposal for transfer of768.1552 hectares of forest land for 5he construction of Lakhwar MPP from earlier accorded clearance in the name of U.P. Irrigation 22

Department now to be transferred in favour of UJVN Lt after approval of GoI. As per the guidelines issued by the Ministry of Environment and Forests, GoI, if lease of forest land is transferred from one user agency to another agency, then for this prior work permission from MoEF, GoI is mandatory.

(ix) Implementation of Catchment Area Treatment Plan is necessary for the integrated treatment of catchment area of a Hydro Electric Project. CAT plan is to e prepared by Forest Department. UJVN has submitted undertaking in this regard that the amount mentioned in CAT Plan prepared by Forest Department shall be paid by tem to Forest Department in time. As per the State Government CAT Plan for the project is being prepared.

3. Details of main information related to Forest land in the proposal are as below:

(i) Total 768.1552 hectares of forest land is being affected by the construction of Vyasi, HEP. Item-wise breakup of the area of the land required for the said project is as below:

Area of land Required (Ha.) Sl. Particular of work No. Pvt. Civil Van Reserve Total Land Forest Panchayat forest 1. Construction of 2.2125 4.560 6.7725 Lakhwar concrete gravity dam, excavation of dam foundation, concreting of dam and appurtenant structure

2. Construction of 5.848 5.848 cement Silos and rope way

3. Construction of 3.372 3.372 Barwala Lakhwar Road

4. Construction of 0.845 0.845 lower road from Barwala-Lakhwa Road to permanent bridge 23

5. Submergence of 132.529 273.335 75.220 393.190 874.2747 Lakhawar dam. 7

6. Construction of 2.617 2.617 high level road on left bank Lakhwar dam.

7. Construction of 1.800 1.800 single lane moter road from Lakhwar dam to Dhauligad on left bank of Yamuna river

8. Construction of 4.675 4.675 single lane moter road from Dhauligad to Mussori- Chakrata road

9. Construction of 0.480 0.480 Intake structures of diversion tunnels.

10. Kandiryan 0.816 0.816 colony

11. Diesel power 0.951 0.951 house & substation at Kandiran

12. Switch yard 1.031 1.031

13. Lohari Colony 0.458 0.458

Total 135.785 275.5482 75.220 417.387 903.9402

(ii) The affected forest land falls under three forest divisions. 274.9807 ha. land under Chakrata forest Division, 3.372 ha land under Land Conservation Division Kalsi, and 489.8025 hectares land under Mussoorie forest Division is being affected.

(iii) 3,08,544 trees are expected to be cut down for the construction of the Project.

4. The para 2.8 of the guidelines issued under the Forest (Conservation) Act, 1980 deals with the transfer of lease from one user agency to another user agency. The said para of the guideline as amended inter-alia reads as below:

“2.8 Transfer of Lease

Where transfer of lease on forestland, from one user agency to another for the same purpose for which the forestland was diverted, becomes necessary, prior permission of the Central Government would be required. For this purpose, the State Government and the original user agency is required to submit no-objection certificate for such transfer and; the new user agency has to submit an undertaking that they shall abide by all the conditions on which the forest land was leased to the original user agency and any other condition which may be stipulated by the Central Government / State Government in future.

However, to discourage middlemen from processing proposals and selling it to others, in case of transfer of lease from one user agency to another the Central Government shall levy 10 % of the Net Present Value (NPV) of the forest land included in the mining lease, at the rates as applicable on the date of transfer of lease or Rs. 1,00,000/- whichever is minimum.”

5. The said proposal was placed before the Forest Advisory Committee in its meeting held on 12th -13th September 2013 for their examination and appropriate recommendations.

6. The FAC after examination of proposal observed as below:

(i) Ministry of Environment and Forests on 30th October 1986 accorded approval under the FC Act for diversion of 868.08 hectares of forest land for construction of Lakhwar Vyasi multipurpose project. The then Government of the undivided State of Uttar Pradesh issued formal orders for diversion of the said 868.08 hectares of forest land to the Irrigation Department, Uttar Pradesh;

(ii) Lakhwar Vyasi multipurpose project envisages construction of Lakhwar Dam at Lohari village, Vyasi Dam near Juddo village and a barrage near Katapathar on Yamuna river;

(iii) Purpose of the project was to provide electricity, drinking water and irrigation to the states of Uttar Pradesh, Himachal Pradesh, Delhi, Rajasthan and Haryana etc.;

(iv) Construction of the project was started in 1987. Due to certain unavoidable reasons, construction was stopped in 1992. Till that time approx. thirty percent of Comment [U1]: add was the project activities had already been completed;

(v) On 1st November 2003, a Memorandum of Understanding (MoU) was signed between Government of Uttarakhand and the National Hydro Power Corporation (NHPC) Ltd. for execution of activities related to construction of Lakhwar multipurpose project;

(vi) As per the said MoU, NHPC undertook survey and investigations and prepared Detailed Project Report (DPR) for the Lakhwar project;

(vii) Later on, the Government of Uttarakhand vide their order dated 23rd June 2008 entrusted the implementation of Lakhwar Vyasi Project to UJVN Ltd.;

(viii) Para 2.8 of the guidelines issued under the FC Act provides for prior approval of Central Government in case of transfer of lease from one user agency to another. The said para inter-alia provides as below:

“2.8 Transfer of Lease

Where transfer of lease on forest land, from one user agency to another for the same purpose for which the forest land was diverted, becomes necessary, prior permission of the Central Government would be required. For this purpose, the State Government and the original user agency is required to submit no-objection certificate for such transfer and; the new user agency has to submit an undertaking that they shall abide by all the conditions on which the forest land was leased to the original user agency and any other condition which may be stipulated by the Central Government / State Government in future.

(ix) In consideration of a proposal received from the Government of Uttarakhand in- principle approval under the FC Act for transfer of lease for 99.93 hectares of forest land required for construction of Vyasi dam from Irrigation Department to UJVN Ltd has already been accorded by the MoEF on 23rd January 2013;

(x) Report on satisfactory compliance to conditions stipulated in the in-principle approval accorded for transfer of lease of the said forest land has already been received by the MoEF from the Government of Uttarakhand. However, Keeping in view the Hon’ble Supreme Court’s order dated 13th August 2013 in the Civil Appeal No. 6736 of 2013 @ (Special Leave Petition (C) No. 362 of 2012, final approval under the FC Act for transfer of lease of the said 99.93 hectares of forest land has not been accorded by the MoEF. Comment [U2]: Check the sentence

(xi) Hon’ble Supreme Court in their said Order dated 13th August 2013 inter-alia directed as below:

“(1) We direct the MoEF as well as State of Uttarakhand not to grant any further environmental clearance or forest clearance for any hydroelectric project in the State of Uttarakhand, until further Orders

…….

(3) MoEF is directed to examine, as noticed by WII in its report, as to whether the proposed 24 projects are causing significant impact on the biodiversity of Alaknanda and Bhagirathi basins.”

(xii) Keeping in view that approval under the FC Act for diversion of the 868.08 hectares of forest land for the composite Lakhwar Vyasi multipurpose project including the 99.93 hectares of forest land required for the Vyasi project had already been accorded by the MoEF on 30th October 1986, the Ministry of Law and Justice has been requested to advice whether grant of final approval under the FC Act for transfer of lease from Irrigation Department, Uttarakhand to UJVNL will be treated as forest clearance for the purpose of the above order of the Hon’ble Supreme Court. Reply from the Ministry of Law and Justice on the above matter is awaited;

(xiii) The 768.1552 hectares of forest land required for construction of Lakhwar multipurpose project is located in three forest Divisions namely; Chakrata Forest Division (274.9807 hectares), Land Conservation Division, Kalsi (3.372 hectares) and Mussoorie Forest Division (489.8025 hectares);

(xiv) Construction of Lakhwar multipurpose project will require felling of 3,08,544 trees;

(xv) Proposal received from the State Government of Uttarakhand does not contain a copy of certificate from the original user agency (i.e. Irrigation Department, Uttarakhand) that they have no objection to the proposed transfer of the lease of the said 768.1552 hectares of forest land to the UJVN Ltd.;

(xvi) Similarly, the proposal received from the State Government also does not contain a copy of undertaking from the new user agency (i.e. UJVNL) that they will abide by all the conditions on which the forest land was leased to the original user agency and any other condition which may be stipulated by the Central Government / State Government in future.

7. The FAC after detailed deliberations recommended that the State Government of Uttarakhand may be requested to submit a copy of certificate from the original user agency (i.e. Irrigation Department, Uttarakhand) that they have no objection to the proposed transfer of the lease of the said 768.1552 hectares of forest land to the UJVN Ltd and a copy of undertaking from the new user agency (i.e. UJVNL) that they shall abide by all the conditions on which the forest land was leased to the original user agency and any other condition which may be stipulated by the Central Government / State Government in future.

8. The Addl. Principal Chief Conservator of Forest and Nodal Officer, the Forest (Conservation) Act, 1980 in the State Government of Uttarakhand vide his letter dated 4th October 2013 referred to minutes of the above FAC meeting uploaded on website of the Ministry and informed that a copy of the said certificates are already available at page 247 and 176 of proposal submitted by the State Government of Uttrakhand. A copy of the said certificates was enclosed with the Addl. Principal Chief Conservator of Forest and Nodal Officer, the Forest (Conservation) Act, 1980 in the State Government of Uttarakhand’s said letter dated 4th October 2013.

9. The proposal is therefore, again placed before the Forest Advisory Committee for their examination and appropriate recommendations.

*****