AGENDA NO.3 F. No. 8-41/2013-FC the State Government of Uttar

AGENDA NO.3

F. No. 8-41/2013-FC

The State Government of Uttar Pradesh vide their letter No. 3427/14-2-2012- 800(45)/13 dated 30th April, 2013 submitted a fresh proposal seeking prior approval of the Central Government under Section-2 of the Forest (Conservation) Act, 1980 for diversion of 133.22 ha of Protected Forest land for upgradation of 2 lane road to 4 lane road with paved shoulders of NH-56 for Sultanpur-Varanasi Section in State of Uttar Pradesh by NHAI.

The facts related to the proposal as contained in the State Government’s letter dated 30.04.2013 are given below in the form of factsheet:

FACT SHEET

1. Name of the Proposal Diversion of 133.22 ha of Protected Forest land for upgradation of 2 lane road to 4 lane road with paved shoulders of NH-56 for Sultanpur- Varanasi Section in State of Uttar Pradesh by NHAI.

2. Location (i) State Uttar Pradesh (ii) District Sultanpur, Pratapgarh, Jaunpur and Varanasi. 3. Particulars of Forests: (i) Name of Forest Division and S.F. Sultanpur 35.01 ha Forest area involved. S.F. Pratapgarh 5.11 ha S.F. Jaunpur 45.81 ha Varanasi 47.2999 ha Total 133.22 ha

(ii) Legal status/Sy.No. S.F. Sultanpur P.F. S.F. Pratapgarh PF S.F. Jaunpur P.F. Varanasi P.F.

(iii) Map S.F. Sultanpur Ps. 196-205/c S.F. Pratapgarh - S.F. Jaunpur 206-220/c Varanasi Ps. 191-195 & 221-223/c

4. Density of vegetation S.F. Sultanpur 0.55

S.F. Pratapgarh 0.1 to 0.4 S.F. Jaunpur 0.1 Varanasi 0.01

5. Species-wise (scientific names) S.F. Sultanpur 5062 and diameter class-wise S.F. Pratapgarh 913 enumeration of trees (to be S.F. Jaunpur 9672 enclosed. In case of irrigation / Varanasi 5607 hydel projects enumeration at Total 21254 FRL, FRL-2 meter & FRL-4 meter also to be enclosed) 6. Brief note on vulnerability of the S.F. Sultanpur Not prone to forest area to erosion erosion. S.F. Pratapgarh Minimum S.F. Jaunpur Not prone to erosion. Varanasi Not prone to erosion.

7. Approximate distance of the S.F. Sultanpur Distance of Shahpur proposed site for diversion from RF is 5 km in the boundary of forest. South side of Km. 170 of NH S.F. Pratapgarh Within the P.F. S.F. Jaunpur Adjoining the boundary of PF Varanasi Proposed area is a part of PF.

8. Whether forms part of National No park, 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/ No endangered/unique species of flora and fauna are found in the area. If so details thereof 10. Whether any protected No archaeological/ heritage site/defence establishment or any other important monuments is located in the area. 11. Whether the requirement of forest Yes land as proposed by the user agency in col. 2 of Part-I is unavoidable and barest minimum

for the project, if no recommended area item-wise with details of alternatives examined. 12. Whether any work of in violation No of 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 Yes. Under submission for approval (p. Environment (protection) Act, 1/c) 1986 is required? 14. Compensatory Afforestation (i) Details of non-forest S.F. Distance of On area/degraded forest area Sultanpur Shahpur RF is both identified for CA, its distance 5 km in the sides from adjoining forest, number of South side of of patches, size of each patches. Km. 170 of road. NH S.F. CA land is -do- Pratapgarh proposed adjoining the proposed road S.F. Jaunpur Afforestation -do- of double the trees to be felled and one row of Brickguard will be done. Varanasi Not applicable -do-

(ii) Map showing non-forest/ S.F. Sultanpur Attached degraded forest area identified S.F. Pratapgarh Attached for CA and adjoining forest S.F. Jaunpur Attached boundaries. Varanasi Attached

(iii) Detailed CA scheme including S.F. Sultanpur Attached species to be planted, S.F. Pratapgarh Species of implementing agency, time Sheesam, schedule, cost structure, etc. Neem and Aam will be planted. S.F. Jaunpur Attached Varanasi Not

applicable

(iv) Total financial outlay for CA S.F. Sultanpur Attached S.F. Pratapgarh 1,19,23,900/- S.F. Jaunpur 3217.18 lakhs Varanasi Not applicable

(v) Certificate from the competent S.F. Sultanpur Not authority regarding suitability of applicable the area identified for CA and S.F. Pratapgarh Certificate from management point of view. attached S.F. Jaunpur Attached Varanasi Attached

15. Catchment Area Treatment NA 16. Rehabilitation of Oustees NA a) No of families involved Not needed

b) Category of families Not needed

c) Details of rehabilitation Not needed plan 17. Cost Benefit Ratio - 18. Total Cost of the Project Rs. 1435.93 crore 19. Recommendation i. DFO Recommended (p. 4, 7, 9, 12/c). ii. CCF Recommended (p. 13-16/c) iii. Nodal Officer Recommended (p.17/c ) iv SG Recommended (p. 18/c, ) 20. Division/ District profile (i) Total Geographical area of the S.F. Sultanpur 2174 Sq. Km. district S.F. Pratapgarh 3717 Sq. Km. S.F. Jaunpur 4021 Sq. Km. Varanasi 1526.74 Sq. Km.

(ii) Total Forest area/Divisional S.F. Sultanpur 1.6% of the total Forest area area S.F. Pratapgarh 444.50 ha S.F. Jaunpur Nil Varanasi Nil

(iii) Total area diverted S.F. Sultanpur 47.976 ha in 3 since 1980 cases S.F. Pratapgarh Chilbila forest block – 0.07 ha Madhukarpur forest block – 0.035 ha Power Grid 0.192 23

and 0.192 ha NHAI Raebrailly – 10.52 ha proposed. S.F. Jaunpur 53.910 ha in 3 cases Varanasi Nil

(iv) Total compensatory afforestation stipulated in the district/division since 1980 on a) Forest land including penal S.F. Sultanpur - compensatory afforestation S.F. Pratapgarh - S.F. Jaunpur 6.37 ha Varanasi Nil

b) Non-forest land S.F. Sultanpur 292.583 ha S.F. Pratapgarh - S.F. Jaunpur - Varanasi -

(v) Progress of Compensatory Afforestation as on date a) Forest land S.F. Sultanpur -- S.F. Pratapgarh -- S.F. Jaunpur 5.15 ha Varanasi P.F. land – 7029 trees Other land – 4751 trees

b) Non-forest land S.F. Sultanpur -- S.F. Pratapgarh -- S.F. Jaunpur NIl Varanasi Nil

21. Specific recommendations of the S.F. Sultanpur Recommended DCF for acceptance or otherwise S.F. Pratapgarh Recommended of the proposal with reasons S.F. Jaunpur Recommended Varanasi Recommended

Remarks:

1. The details of the proposal are as under (p. 2/c):-

Sl. District Chainage Length of Area Number of No. (Kms.) Bypass (in proposed trees to be Km) for felled diversion (ha) 1. Sultanpur 134.700 to 43.60 35.01 5062 24

178.300 2. Pratapgarh 178.300 to 05.29 05.11 913 183.59 3. Jaunpur 183.59 to 247.70 64.11 45.81 9672 4. Varanasi 247.70 to 279.70 32.00 47.29 5607 Total 145.00 133.22 21254

2. Joint Site inspection report attached as per pages below:

Sl. Name of Forest Division Dated On pages No. 1. Sultanpur 20.04.2012 At page 19/c 2. Pratapgarh 11.11.2011 At page 39/c 3. Jaunpur 18.04.2012 At p. 55/c 4. Varanasi 05.06.2012 At p. 86/c

3. The user agency has given the following certificates/undertakings with the proposal:

(i) Certificate regarding Schedule tribes and others traditional forest dwellers (Recognition of Forest Right) Act, 2006 that there is no Tribal Group in the forest area (p. 168/c) which is not as per circular of the Ministry. (ii) The user agency has submitted undertaking for payment of cost of Compensatory Afforestation as well as cost of protection and regeneration of safety zones, etc. (p. 172/c). (iii) The user agency has given undertaking for payment of Net Present Value of Forest Area (p. 173/c). (iv) The user agency has given undertaking for no other feasible alternative & diversion of minimum forest land174/c). (v) The user agency has given undertaking to submit Environmental Clearance as is received from MoEF for environment clearance certificate (p.175/c). (vi) The user agency has given undertaking for payment of any other cost & condition (p. 176/c). (vii) The user agency has given undertaking that the felling of trees is necessary and there is no other option (p. 177/c). (viii) The user agency has given a certificate regarding the land suitability for Compensatory Afforestation (p. 179/c). (ix) Site inspection report by the user agency at p. 180/c. (x) The user agency has given a certificate regarding acceptance of all the conditions imposed by the State Government (ps. 181-182/c). (xi) The user agency has given a certificate regarding fulfilment of Laws & other of Government of India, State Government and U.P. Forest Department. (p. 87/c). (xii) The user agency has given an agreement that there will be no loss of forest and environment, widening of road will be as per stipulated standards, decisions

taken by the Government of India and Uttar Pradesh Government and Forest Department in the interest of Government and all other works will be completed as will be stipulated in the approval. (p. 188/c). (xiii) Site inspection report by DFO: (i) S.F. Division, Jaunpur (p. 189/c) &, S.F. Vararnasi Division (190/c). (xiv) The user agency has submitted maps from ps. 191-223/c).

SITE INSPECTION REPORT Site inspection was carried out by Shri Azam Zaidi, Additional Principal Chief Conservator of Forests and the Chief Conservator of Forests, Regional Office, Central Region, Lucknow on 10.06.2013 and is given as under:

1. Legal status of the forest land proposed for diversion:

The protected forest land proposed for diversion is 133.22 ha which is declared as Protected Forest for management purpose vide Notification No. 3200/XIV dated 23.08.1955 by Forest Department of U.P. Govt. The ownership of 111.8441 ha land originally belongs to PWD, Govt. of U.P. and vide Gazette Notification No. 985(A) dated 18.06.2007 by Ministry of Road, Transport & Highways, Govt. of India from Sultanpur to Varanasi from Km 134.700 to Km 279.70 declared as National Highway No. 56. The forest area proposed for diversion falls in Social Forestry Divisions of Sultanpur, Pratapgarh, Jaunpur and Varansai.

Sl. District Chainage Length of Area Number of No. (Kms.) Bypass (in proposed trees to be Km) for felled diversion (ha) 1. Sultanpur 134.700 to 43.60 35.01 5062 178.300 2. Pratapgarh 178.300 to 05.29 05.11 913 183.59 3. Jaunpur 183.59 to 247.70 64.11 45.81 9672 4. Varanasi 247.70 to 279.70 32.00 47.29 5607 Total 145.00 133.22 21254

2. Item wise break up details of the forest land proposed for diversion:

The total length of the road dis 145 Km. In the length 145 Km there are 12 bypasses propose in the four districts through which the NH-56 is proposed for widening from two lane to four lane. The break up of these 12 bye passes area as follows:

District Sultanpur

S. Name of Bypass Km wise Length Right/Left

No. length 1. Hanumanganj Bypass 142.823 to 5.970 Km Right 147.560 2. Lambhua Bypass 156.871 to 4.150 Km Left 160.320 3. Chanda Bypass 162.324 to 10.003 Left 172.245

District Pratapgarh

S. Name of Bypass Km wise Length Right/Left No. length 1. Dakua Bypass 178.826 to 3.200 Km Right 181.840

District Jaunpur

S. Name of Bypass Km wise Length Right/Left No. length 1. Dhaina Mau Bypass 200.408 to 3.850 Km Left 203.800 2. Naupadwa Bypass 206.093 to 3.620 Km Left 209.370 3. Baksha Bypass 209.584 to 2.240 Km Left 211.745 4. Shivgulam Ganj Bypass 213.300 to 3.00 Km Left 216.208 5. Jaunpur Bypass 218.840 to 13.83 Km Right 231.790 6. Trilochan Bypass 243.39 to 5.622 Km Right 247.67 7. Realignment Badlapur 183.180 to 14.902 Km Left 197.283

District Varanasi

S. No. Name of Km wise Length Right/Left Bypass length 1. Fulpur & 249.328 to 11.743 Km Right Pindra Bazar 258.342

Total length of bypass is 82.13 Km.

In the proposal following structures area proposed to be constructed /renovated:

i. Bus lay bays - 54 27

ii. Truck lay bays - 03 iii. Toll plaza - 02 iv. Fly over - 03 v. Reconstruction of Major Bridges - 01 vi. Reconstruction of existing minor bridges - 11 vii. Widening of existing minor bridges - 12 viii. Underpasses - 20

3. Whether proposal involves any construction of building:

Two toll plazas proposed for construction are proposed at Koiripur in Sultanpur and Silkori in Jaunpur districts. The exact location will be decided by NH Authorities after construction / widening of the Roads. The proposed toll plazas area to be constructed within the ROW proposed in widening and strengthening of NH-56.

4. Total cost of project at present rates: Rs. 1435.93 crore 5. Wildlife:

Whether forest area proposed for diversion is important from wildlife point of view or not: The proposed widening of the road does not involve any wildlife sanctuary or national park.

6. Vegetation: Total number of trees to be felled: 21,254

Effect of removal of tree on the general ecosystem in the area:

The road is passing through an area which is lacking of forest land agro- forestry. The cutting/felling of existing trees will affect some extent the ecosystem of the area. Some very old trees of Mango, Tamarind, Jamun etc. exist on the entire length of the road. However, it will be compensated by massive afforestation along the road sides linear plantation. The NHAI would also take up plantation on both the sides of the bypasses proposed in the four districts. As mentioned above 82.13 Km length of bypasses area proposed. On an average 15 meters on either side would be taken up for plantation. It means that in the entire 82.13 Km of bypass, 30 meters width shall be available on both the sides of road, for plantation which comes to (82.13 Km x 30 meters) 246.39 ha. As per model of road side plantation in U.P. 1100 trees area being planted per hectare. Therefore total 2,71,029 trees shall also be taken for plantation along with CA as double the number of trees felled i.e. 21254x2=42508 trees. Also on the road side where 60 meter ROW is proposed there also plantation on both the sides shall be taken up as per IRC guidelines.

Important species: Predominant species area Mahua, Aam, Prosophis, Juiliflora, Eucalyptus, Sheesham, Siris, Albejia, Ficus, Neem, Temrind, Jamun, Karanj, Goldmohar, Arjun, Chilbil, Sagwan, Kadam, Gooler, Botlebrush etc.

Number of tree to be felled: 28

Sl. No. District Number of trees 1. Sultanpur 5062 2. Pratapgarh 913 3. Jaunpur 9672 4. Varanasi 5607 Total 21254

Number of trees to be felled of girth below & above 60 cm

Sl. No. District Number of trees Number of trees below 60 cm above 60 cm 1. Sultanpur 2760 2302 2. Pratapgarh 554 359 3. Jaunpur 8755 917 4. Varanasi 3290 2309 Total 15359 5887

7. Background note on proposal: The National Highway-56 starts from Lucknow and terminates at Varanasi, the proposed Sultanpur-Varanasi section, is part of Lucknow-Varanasi Road. This road is an important connection between the State Capital and religious/historical town Varanasi. The existing road is in two lanes and it is proposed to strengthened the existing carriageway and widening it to 4 lanes with paved shoulder with configuration to facilitate the better riding quality, less traffic congestion and safe road and hence up-liftment from the present standard. The proposal submitted is for the portion from Sultanpur to Varanasi in 2nd phase. The proposal for 1st phase is from Lucknow to Sultanpur has already been submitted to the Ministry for consideration after the site inspection. 8. Compensatory afforestation: As the proposal land belongs to NHAI and it has been declared as protected forest for management purpose, the Para 2.5 of FCA guidelines will be applicable in this case and double the number of trees proposed for felling. In this proposal total 21254 trees are proposed to be felled and it required to be planted double the number of trees i.e. 42508 trees.

The existing ROW of two lane road from Sultanpur to Varanasi is from 18 meters to 30 meters with an average of 24 meters at most of the places. The proposed ROW varies from 24 meters to 60 meters depending on the availability of the space. The portion of urban / village areas where habitation exit, the ROW will be 24 meters and as such places there is no space for plantation. In the remaining area the ROW is in general kept as 60 meters where 15 meters on either sides is marked for plantation. Besides as per the details given in para 6, 30 meters width will be available for road sides plantation of by passes in four districts the total length of which is 82.13 Km., where approximately 2,71,029 trees could be taken up for plantation as per IRC guidelines. As per Para 5.2(iii) of FCA guidelines also strip plantation along road sides and central verge is required.

(i) Whether land for compensatory afforestation is suitable for plantation and management point of view or not: Yes. (ii) Whether land for compensatory afforestation is free from encroachment / other incumbencies: The land would be available at the time of construction after getting it free from any kind of encroachment. (iii) Whether land for CA is important from religious/archaeological point of view: No. (iv) Land identified for raising CA is how many patches whether patches are compact or not: Not applicable. (v) Map with detail: Entire plantation shall be taken up on the two sides of the road after proposed widening in the entire length. (vi) Total financial outlay: The Divisional Forest Officers of different divisions have not submitted site specific compensatory afforestation scheme. However, in the proposal they have proposed the compensatory afforestation amount, which is furnished herewith:

Sultanpur - Rs. 70546504 Pratapgarh - Rs. 3893670 Jaunpur - Rs. 41943238 Varanasi - Rs. 22656699 Total - Rs. 139040111

9. Whether proposals violation or Forest (Conservation) Act, 1980 or not. If yes, a detailed report on violation including action taken against the concerned officials: No work has started so far and there is no violation of Forest (Conservation) Act, 1980. However, some commercial establishments like – Petrol pump, hotels etc. have been constructed on forest land or pathway without approval under FC Act from the Central Govt. is violation under FC Act. The concerned DFOs and NH authorities have been requested to regularized these violations of FC Act or initiate suitable action under FC Act. 10. Whether proposal involves rehabilitation of displaced persons.If yes, whether rehabilitation plan has been prepared by the State Government or not: No. 11. Reclamation Plan: Not required. 12. Details on catchment and command area under the project: Not required. 13. Cost Benefit Ratio: 1.31 14. Recommendations of the Principal Chief Conservator of Forest/State Government: The proposal is recommended by the Nodal Officer on behalf of the PCCF and by the State Government. 15. Utility of the project: Fast and safe connectivity, decongestion of traffic on the road, savings in fuel, travel time and total transportation cost of road users, reduction in road accident, reduction in pollution due to constant flow and segregation of traffic from other roads, employment opportunity to people, development of tourism, development of local industry, quick transportation of agriculture produce and perishable goods, improved quality of life for people, upliftment of social and educational standard of the people.

16. Number of Scheduled Caste/Scheduled Tribes to be benefited by the project: It has not been worked out in the proposal however, the labourers engaged for the construction work would be mainly from the SC/ST/Backward Classes. 17. Whether land being diverted has any socio-cultural/religious value: No Whether any sacred grove or very old growth trees/forests exist in the area proposed for diversion: No 18. Situation W.R.T. and PA: The proposed widening of NH-56 does not involve any protected area. 19. Any other information relating to the project:

i. The total trees to be felled out of which 5887 trees are more than 60 Cm girth and majority of fruit bearing trees. The track record of NHAI for taking up road side plantation as required in IRC guidelines is not very good. In most of the widening cases, the road sides plantation have not been taken up or where it was taken up the plantations have failed due to poor maintenance. It will be better if these road sides plantations area being taken up by the Forest Department instead of by concessionaire of NHAI. ii. In urban areas where ROW is proposed to 24 mts, efforts should be made for planting single row of plantation with brick walled tree guards. iii. In all 11 bye passé area proposed in the four districts in would have 82.13 running km of length. No forest land is involved in construction of these bye passes, but two sides of the road will be taken up for plantation as per the ITC guidelines. However, these bye passes since will be the part of NH-56, the two sides of the road shall have status of protected forest, as per the original notification. iv. Since large numbers of trees (approx.. above three lakhs) are proposed for plantation, it will be better if the NHAI should also pay the cost for establishing nurseries at least 3 numbers of one lakhs capacities to be developed & maintained by Forest Department. These nurseries will be used for seedling supply for the road side plantation as well as for distribution of seedling to villagers. v. At many places the forest land along road sides have been encroached by the farmers for cultivation as boundary pillars have not been placed to have demarcation of forest area. vi. Along road sides, large numbers of petrol pumps, hotels have been constructed and they have utilized entire front of the roads by cutting or damaging the trees standing on protected forest land. It needs to be regularized by submitting proposal for ex-post-facto approval under Forest (Conservation) Act, 1980.

20. Additional PCCF shall give detailed comments whether there are any alternative route/alignments for location the project on non-forest land:

The proposed activity is for widening of existing road i.e. NH-56 from Sultanpur to Varanasi, as such there is no alternative which is possible to use non-forest for the project. The major part of proposed land belongs to 31

PWD/NHAI which has been declared as protected forest for management purpose. On such land special provisions applied given in Para 2.5 of guidelines for Forest (Conservation) Act.

As mentioned in the background note on the proposal in column 7 the proposed NH-56 is from Lucknow to Varanasi. The first phase proposal from Lucknow to Sultanpur part site inspection report has already been submitted to the Ministry and now for Sultanpur-Varanasi part is submitted. The two parts area being dealt separately by two separate PIU Division of NHAI.

21. Recommendation of Addl. PCCF:

The proposal does not have details of strip plantation and compensatory afforestation. The user agency has assured to provide fund as applicable and also the provides land for CA. However, the cost of plantation as given in para 8(vi) is very high which requires to be corrected as pear the applicable rate duly approved by the State Government. The proposal is recommended for approval taking into consideration the traffic on NH-56 has increased as the proposed road is though the fast developing town of Jagdishpur, Sultanpur and Jaunpur and it leads to the important town of Varanasi. The existing width of the road is not sufficient to meet up the traffic requirement. Therefore, widening of road is required for decongestion of traffic on the road, the proposed diversion of NH-56 i.e. Sultanpur to Varanasi section from Km. 134.7 to Km. 279.7 involving 133.22 ha of protected forest (for management purpose). The proposal is recommended for approval subject to following conditions:-

1. The user agency shall pay the cost of NPV as applicable. 2. For the reserved forest involved in the proposed activity, the user agency shall pay the cost of CA which is planting in equivalent non forest land, with maintenance of 10 years. The non forest land shall be transferred and mutated in favour of Forest Department and declared as PF/RF within 6 months after the mutation. 3. The user agency shall pay the cost of CA which is planting double the number of tree involving, with maintenance of 5 years. 4. The user agency will also pay the cost of strip plantation on the entire length, central verge as per the availability of space with maintenance of 5 years as furnish in para 8 of the report. 5. The NHAI authority shall provide respective ROW to meet up the required of strip plantation in the different district and ROW after the road formation shall be continue to have status of protect forest. 6. The NHAI authority shall demarcate the PF are with boundary pillars all along the ROW and ensure that the PF on both the sides of the road is free from encroachment. 7. The approach road constructed through the protected forest for petrol pump, hotel, resorts and other establishment need to be regularized by submitted proposal for ex-post facto approval under FC Act.

8. The concerned DFO should furnish a realistic site specific scheme of the road side strip plantation with Barbed wire fencing as pear the rate approved by the State Govt. on both the sides of the road as per the availability of the land. 9. The NHAI shall provide a forest nursery of a capacity of raising seedling of 1 lakh capacity in each of the forest diversion through which the road is passing, for distribution of seedling to kisan and villagers on concessional rate. 10. Environmental clearance as applicable shall be taken under EPA.

The provision regarding C.A. in case of this type of cases under guidelines para 2.5 and 3.2(vi)(e) requires further clarification for stipulating the condition of double degraded forest land and twice the no. of trees along the road.

Para 2.5 is as below:-

“2.5 Diversion of Forest Land for Widening or Expansion or Realignment of Road/Rail/Canal

(i) Such lands which had been acquired by Government Department like Railway, Irrigation, PWD, etc. for specific purposes like laying of roads, railway lines and canals and the vacant area was planted up with trees and these lands are not yet notified as protected forests will not attract the provisions of Forest (Conservation) Act, 1980 for the purposes of widening or expansion or realignment. However, the concerned agency will seek permission under local laws, if any, from appropriate authority. (ii) Such lands which were acquired by the above departments and the vacant areas were subsequently planted and notified as protected forests for management purposes will need approval from the Central Government under Forest (Conservation) Act, 1980. The user agency will submit the proposal in the prescribed format through the State Forest Department to the concerned Regional Office of the Ministry. The Regional Offices shall be competent to finally dispose of all such proposals irrespective of the area, preferably within 30 days from the date of receipt of the proposal. While issuing the approval, in place of normal provision for compensatory afforestation, the Regional Offices will stipulate a condition that for every tree cut at least two trees should be planted. (iii) However, if the decision is not ordered by the concerned Regional Office within 30 days of the receipt of fully completed application, the Central Government/State may proceed with the widening/modernisation under intimation to the local State Forest Department and Central Government.

Clarification: This guideline is applicable to only such projects, where plantations have been raised on the lands acquired by the user agency and subsequently notified as Protected Forest. This guideline will not be applicable if the forest land involved is reserved/protected forests belonging to the Forest Department.”

Para 3.2(vi)(e) is as below:-

“(e) For diversion of linear of ‘strip’ plantation declared as protected forest along the road/rail/canal sides for widening or expansion of road/rail/canal.”

In view of the above facts related to the proposal, if approved, the proposal may be submitted to the FAC for its considerations in its forthcoming meeting. ***