File No. 8-37/2007-FC

Transcription

1 4 File No. 8-37/2007-FC 1. Government of Odisha vide their letter dated 22 nd April 2014 placed along with annexure at page 204 c to 368 c informed this Ministry as below: (i) In-principal approval for diversion of ha of forest land (excluding the ha of forest land coming under safety zone) was accorded by MoEF, GoI vide their letter 8-37/2007 FC, Dated during the currency of the original Mining lease period that expired on It has been reported by the Joint Director of Mines that 1 st RML application due from under provision of Rule 24A(1) of MCR, 1960, is pending for disposal at Government level. As per para 4.2(ii) of FC Act guidelines, the detailed compliance to the conditions of the Stage-1 approval order need to be sent to MoEF, Government of India within a period of 5 years from the date of Stage-I approval order or else the Stage-I approval order would summarily be revoked. Reasons for delay for non-submission of detailed compliance within the stipulated period of five years is as under: (a) Although the compliance report from the Pr. CCF, Odisha was received in F&E Department vide his letter No.9634 dt , yet the detailed clarification on the validity of lease and genuineness of lessee firm could be obtained from the Steel & Mines Department vide their letter No dt and further letter of Joint Director of Mines vide his letter No dt Further this project also involved legal litigations vide W.P.(C ) No. 110/ 2013 which is yet to be disposed of. While filing counter in this case, the F&E Department had appraised the Hon'ble Court that owing to non-submission of geo-referenced map of forest land proposed for diversion as per GoI, MoEF guidelines dt and clarification of Steel & Mines Department with reference to condition No. 14 of Stage-I order, detailed compliances could not be furnished. (b) Further the earlier compliance received from Pr. CCF, Odisha included compliance on Forest Rights Act for ha. of forest land. As per observation of CEC in IA. No of 2009, no forest land can be leased / assigned without first obtaining the approval under the FC Act. Therefore the forest area approved under FC Act should not be lesser than the total forest

2 5 area included in the mining lease approved under MMDR Act., MoEF guidelines in this context vide letter No.8-25/2010-FC dt also asks for obtaining diversion of entire forest land within the lease including forest land in the safety zone. This ML contains ha. of forest land in all including, 2.523ha. of forest land coming within the safety zone. For diversion of forest land coming within safety zone, compliance under Forest Rights Act is also required. Required compliance on account of FRA for 2.523ha. of forest land in safety zone could be received in F&E Department from Pr. CCF, Odisha vide his letter No.3800 dt (c) All the above reasons attributed to the delay in submission of detailed compliances to MoEF, Government of India within the stipulated period of five years. Considering the above position, the GoI, MoEF may also consider to condone the period of delay in submitting the compliances to conditions of Stage-I approval order of MoEF, Government of India. 2. The details of the compliances stage-i conditions as well as conditions imposed by the State Government and compliance required to further guidelines of MoEF with regard to geo-referenced map and Forest Rights Act are indicated below: Sl. No. Conditions stipulated by the MoEF 1 Legal status of the diverted forest land shall remain unchanged; Status of compliance The legal status of the forest land proposed to be diverted remains unchanged even after nonforest use of such land is allowed under Forest Conservation Act, (i) The user agency shall identify and acquire non-forest land equal in extent to the area to be diverted ( ha) for It is submitted that non-forest land to and extent of ha. has been identified for the purpose of Compensatory Afforestation in Plot No. 01, 02/P, 03/P, 04/P, 05/P, 07/P & 09/P of Khata Compensatory Afforestation No. 01 in village San Thelakudar under Bonai which shall be mutated in favour of the State Forest Department Tahsil of Sundargarh District in lieu of the forest land of ha proposed to be diverted and the said identified non-forest land has been

3 6 2 (ii) The land identified for the purpose of Compensatory Afforestation shall be clearly depicted on a Survey of India Topo sheet of 1:50,000 scale transferred and mutated in favour of the State Forest Department. The copy of the ROR of the mutated non-forest land bearing changed Khata No.3 and Plot No. 1,2/14,3,4/15,5/16,7,9/17 for Ac. Or ha is enclosed. The land identified for the purpose of Compensatory Afforestation shall be clearly depicted on a Survey of India Topo-sheet of 1:50,000 scale. The Compensatory Afforestation area has been clearly depicted on survey of India Topo-sheet No. 73 C/13 of 1:50,000 scale which is enclosed

4 7 2 (iii) The user agency shall transfer the cost of Compensatory In compliance to this condition, it is submitted that the financial outlay of the compensatory Afforestation to the State afforestation scheme was earlier recast as per Forest Department at an enhanced rate of 2.5 times of the proposed rates then wage rate of Rs. 90/- per maday at an estimated cost of Rs. 21,36,000/- excluding the cost of infrastructure. As per stipulations of MoEF, estimated cost of compensatory afforestation scheme has been raised by 2.5 times and hence it becomes Rs. 53,40,000/-. The cost of 2.5 times the compensatory afforestation scheme including cost of infrastructure was Rs. 54,40,000/ - and same was earlier technically approved the including cost of Conservator of Forest (Forest Diversion) & Nodal Officer, FC Act. The same is enclosed at Annexure III (a) The User Agency had deposited an amount of Rs. 53,40,000/- towards the cost of Compensatory Afforestation at an enhance rate of 2.5 times for undertaking compensatory afforestation over an area of ha of mutated non-forest Govt. land identified in village San-Thelakudar under Bonai Tahasil in favour of Adhoc-CAMPA in shape of bank draft bearing No dated in Account No of Union Bank of India, Sunder Nagar, New Delhi (Annexure -III). Subsequently, the wage rate being revised to Rs. 150 per man day and cost of maintenance of CA Scheme for 7 to 10 years required to be made as per GoI, MoEF guidelines, the estimated cost of compensatory afforestation at the enhanced rate of 2.5 times has again been revised accordingly

5 8 to Rs. 1,20,06,000/- excluding cost of infrastructure to be supplied by lessee in kind. The copy of technical approval to the revised cost of CA scheme issued by the Addl. Pr. CCF (Forest Diversion) & Nodal Officer, FC Act on this court is at Annexure III (b). As such the lessee has deposited the differential cost of approved CA scheme to the tune of Rs. 66,66,000/- in Adhoc-CAMPA Account No , in Union Bank of India, Sundarnagar Branch, New Delhi through RTGS mode on The copy of RTGS transaction document of the above amount by IDBI bank, Bhubaneswar is enclosed 2 Clarification regarding It has been reported that the non-forest land (iv) 2 (v) proximity of CA land for proper management shall be furnished by the State Government The non-forest land identified for raising compensatory afforestation shall be notified by the State Government as RF under Section -4 or PF under Section-29 of the Indian Forest Act, 1927 or under the relevant Section (s) of the indentified in village San Thelakudar under Bonai Tahasil of Sundargarh District for the purpose of compensatory afforestation, is situated at a distance of 1.0 Km from Thelakudar PRF and 4.0 Km from Dhanghar RF and is found to be suitable village Santhelakudar and its proximity with Thelakudar PRF and Dhanghar RF, duly authenticated by DFO, Bonai Forest Division is enclosed The non forest land identified for Compensatory Afforestation and subsequently mutated and transferred in favour of Forest Department bearing Khata No. 3 and Plot 1,2/14,3, 4/ 15,5/16, 9/17 has already been declared as Protected Forests under Section -33 of Orissa Forest Act, 1972 vide Forest & Environment department Notification No. 10 F(Div)-7/2010-

6 9 local Forest Act. As the case may be, within a period of six months. The Nodal Officer (Forest Conservation) shall 19214/F&E dated and copy of the same has been enclosed to Government of India, MoEF and Eastern Regional Office of MoEF at Bhubaneswar. report compliance in their regard 3 Fencing, protection and regeneration of the safety zone area (7.5 meter strip all along the outer boundary of the mining lease area) shall be done at the project cost. Besides this, afforestation on degraded forest land to be selected elsewhere, measuring one and half times the area under safety zone, shall also be done at project cost In compliance to this condition, the User Agency had earlier deposited Rs. 4,47,500/- towards the approved cost of the scheme for Fencing, Protection & generation of the Safety Zone are over ha of forest land as per then wage rate of Rs. 90/- per Man day in favour of Adhoc- CAMPA in shape of a bank draft bearing No , dated in Account No of Union Bank of India, Sundar Nagar, New Delhi. The copy of the said bank draft is enclosed as Annexure IV. Subsequently, the wage rate being revised to Rs. 150/- per man-day and cost of maintenance of Safety zone scheme for 10 years, the estimated cost of safety zone maintenance scheme has again been revised accordingly to Rs. 7,44,500/- the copy of technical approval to the revised cost of SZ scheme issued by the RCCF, Rourkela on this count is at Annexure IV (a). As such the lessee has deposited the differential cost of approval SZ scheme to the tune of Rs. 2,97, 000/- in Ad hoc CAMAPA Account No , in Union Bank of India, Sundarnagar Branch, New Delhi through RTGS mode on the copy of RTGS transaction documents for the above amount by

7 10 IDBI, bank Bhubaneswar is enclosed. Further The User Agency had deposited Rs. 4,84,200/- towards the cost of the scheme for Afforestation over 1.5 times of the area in the Safety Zone in degraded forest land identified in Kundheibira RF under Kuliposh Forest Range of Bonai Forest Division over 3.79 ha at the then wage rate of Rs. 90/- per Man Day in favour of Adhoc CAMPA in shape of bank draft bearing No , dated in Account No of Union Bank of India, Sunder Nagar, New Delhi. The copy of the said bank draft is enclosed as Annexure V Subsequently, the wage rate being revised to Rs. 150/- per manday and cost of maintenance of Safety zone scheme for 10 years, the estimated cost of 1.5 times safety zone area scheme has again been revised accordingly to Rs. 7,99,800/- The copy of technical approval to the revised cost of 1.5 times SZ scheme issued by the RCCF, Rourkela on this count is at Annexure V(a) As such the lessee has deposited the differential cost of approved 1.5 times SZ scheme to the tune of Rs. 3,15,600/- in Adhoc-CAMPA Account No In Union Bank of India. Sundernagar Branch, New Delhi through RTGS mode on the copy of RTGS transaction documents for the above amount by IDBI bank, Bhubaneswar in enclosed 4 All measures should be taken to prevent pollution of tanks, rivers and nalas, etc. The In compliance to this condition, a relevant scheme for prevention of pollution through desiltation of tanks, rivers and nalas of the adjoining village in

8 11 desilting of adjoining villages in radius of 5 Km may also be taken up by the user agency from time to time radius of 5 Kms of iron ore mining lease area in village Raikela has been formulated by the user agency and the same has been approved by the DFO, Bonai Forest Division at an estimated cost of Rs. 3,42,100/- The copy of the above referred scheme is appended herewith as Annexure VI (b). The measures included in the scheme are to be executed by the User Agency. The cost of estimate includes desiltation of seven no. of dug wells in seven village at a cost Rs. 1,11,000/- and construction of one 4mt span masonry check dam over the seasonal nala in Raikela village with a cost of Rs. 2,00,000/- The undertaking submitted by User Agency to this effect are enclosed. 5 Following activities shall be untaken by the State Forest Department at the project cost: Proper (i) mitigative measures to minimize soil erosion and chocking of streams shall be prepared and implemented. (ii)planting of adequate drought hardy plant species and sowing of seeds to arrest soil erosion. (iii)construction of check dams, retention.teo walls to arrest sliding down of the excavated material along the contour In compliance to this, the User Agency had earlier deposited Rs. 12,00,000/- towards the cost of the approved scheme for Soil conservation measures as per the then wage rate of Rs. 90/- per Man Day in favour of Adhoc-CAMPA in shape of a bank draft bearing No , dated in Account No of Union Bank of India, Sunder Nagar, New Delhi. The copy of the said bank draft is enclosed. Subsequently, the wage rate being revised to Rs. 150/- per manday the estimated cost of the above scheme has again been revised accordingly to Rs. 17,87,300/- The copy of technical approval to the revised scheme issued by the RCCF, Rourkela on this count is enclosed. As such the lease has deposited the differential cost of approval scheme to the tune of Rs. 5,87,300/- in Adhoc-CAMPA Account No , in Union Bank

9 12 of India, Sundernagar Branch, New Delhi through RTGS mode In The copy of RTGS transaction document for the above amount by IDBI bank, Bhubaneswar is enclosed. 6 Whenever possible and technically feasible, the User Agency shall undertake by involving local community, the Afforestation measures in the blanks within the lease area, as well as along the roads outside the lease area diverted under this approval, in consultation with the State In compliance to the above condition, a scheme for undertaking afforestation measures the blanks within the lease area of ha. as well as along the road outside the lease area of iron ore mining in village Raikela has been formulated by the user agency and the same has been approved by the DFO, Bonai Forest Division with an estimated cost of Rs. 8,11,800/- for its implementation in consultation with the State Forest Department. The copy of the approved Forest.Department at the scheme is enclosed The User Agency has project cost. furnished an undertaking to this effect which is also enclosed. 7 The period of diversion under this approval is twenty (20) years subject to possession of said lease by the User Agency under the MMDR Act, 1957 The mining lease under the MMDR Act, 1957 has been granted/executed on for a period of 20 years. As such the Original mining lease period expired on The user agency has filed the Renewal of Mining Lease (RML) application with the Collector, Sundargarh district on dt i.e. prior to one year of the expiry of the lease period. The copy of R.M.L application filed in Form-D and received by OIC, Mining Section, O/O Collector Sundergarh is enclosed. As such the Mining lease is under deemed extension provisions of the Rules 24A (6) of the Mineral Concession Rules, Therefore the forest clearance, as would be accorded by the Government of India, MoEF would be co-terminus

10 13 with the Mining lease period to be granted under MMDR Act, The State Government shall charge the Net Present Value of the forest area diverted under, this proposal from the User Agency as per the Orders of the Hon'ble Supreme Court of India dated , , and in WP(C) No. 202/ 1995 and as per the guidelines issued by this Ministry vide letters No. 5-1/ 1998-FC (Pt.II) dated and in this regard. As reported by the Pr. CCF, Odisha, total forest land within this lease is ha. However, as per earlier demand notice placed by the Divisional Forest Officer, Bonai Forest division, Net Present Value of ha. of forest land involved in the mining lease was deposited by the User Rs.7,30,000/- per ha. amounting to Rs 4,86,68,370/- in shape of three Nos of bank drafts bearing No dated for Rs.3,72,05,840/-, No dated for 29,50,808/- and No dated for Rs.85,11,722/-. Therefore the user agency has further deposited an amount of Rs. 1460/ - towards NPV for the remaining 0.002ha. of forest land in this lease through RIGS mode in Adhoc-CAMPA Account in Union Bank of India, Sundargarh on The copy of RTGS transaction document provided by the lessee on this court is appended 9 At the time of payment of the Net Present Value (NPV) at the present rate, the User Agency shall furnish an undertaking to In compliance to this condition, the User Agency has furnished an undertaking to pay, additional NPV, if so determined as per the final decision of Hon'ble Supreme Court of India. The said undertaking is enclosed. pay the additional NPV, if so determined as per the final decision of Hon'ble Supreme Court of India 10 All the funds received from the User Agency All the funds realized from the User Agency pertaining to this diversion proposal have been'

11 14 under the project shall be transferred to in Account No of Union transferred to account No of Union Bank of India, Sundar agar, New-Delhi : Bank of India, Sunder Nagar, New-Delhi Sl. No Components 1. Cost of compensatory Afforestation 2. Cost of Fencing, Protection & Re generation of the Safety zone Area 3. Cost of Afforestation over 1.5 times of Safety zone Cost of soil conservation Measures 4. N.P.V. of entire forest land of the leasehold area 5. Cost of Penal Compensatory Affn. 6. Cost of Site specific Wildlife Conservation Plan 7. Cost of Regional Wildlife Management Plan Amounts (Rs) 53,40,000/- 66,66,000/- 1,20,06,000 4,47,500/- 2,97,000/- 7,44,500/- 4,84,200/- 3,15,600/- 7,99,800/- 12,00,000/- 5,87,300/- 17,87,300/- 3,72,05,840/- 29,50,808/- 85,11,722/- 1,460/- Total 4,86,69,830/- 39,53,300/- 20,82,700/- 60,36,300/- 72,00,000/- 13,51,720/- 15,54,478/- 29,06,198/- Total 7,29,49,928/- 11 The User Agency will bear In compliance to this condition, the User Agency

12 15 cost of Penal Compensatory Afforestation over equivalent degraded forest land for violating the Forest (Conservation) Act from 1986 to 1996 had earlier deposited Rs. 39, 53,300/- towards the cost of Penal Compensatory Afforestation as per the approved scheme over ha of degraded forest land identified in Kundheibira RF under Kuliposh Forest Range of Bonai Forest Division as per the then wage rate of Rs. 90/- per Man Day vide B.D. No , dated in favour of Account No of Union Bank of India, Sunder Nagar, New-Delhi for its credit in to Ad-hoc CAMPA. The copy of the said bank draft is enclosed. Subsequently, the wage rate being revised to Rs. 150/- per manday and cost of maintenance of PCA scheme for 7 to 10 years required to be made as per GoI, MoEF guidelines, the estimated cost of Penal compensatory afforestation scheme has again been revised accordingly to Rs. 60,36,000/-. The copy of technical approval to the revised cost of PCA scheme issued by the Addl. Pr. CCF (Forest Diversion) & Nodal Officer, FC Act on this court is enclosed. As such the lessee has deposited the differential cost of approved PCA scheme to the tune of Rs.. 20,82,700/- in Adhoc- CAMPA Account No , in Union Bank of India, Sundernagar Branch, New Delhi through RTGS mode on The copy of RTGS transaction document for the above amount by IDBI bank, Bhubaneswar is enclosed 12 After receipt of the compliance report on fulfilment of the It is for the Government of India, MoEF to take into the consideration of the compliance furnished conditions mentioned herewith so as to accord final forest clearance

13 16 above, the proposal shall be considered for final approval to the proposal under Section 2 of the F.C. Act, under Section-2 of the Forest (Conservation) Act, Transfer of the Forest land shall not be affected till final approval is granted by the The forest land shall not be transferred to the User Agency till final approval is accorded by the Government of India, MoEF to this project. Central Government in this regard 14 The lease will remain in the name of M/s. Geetarani Mohanty and if any change has to be done, it will require prior approval of the Central Government as per guidelines The User Agency has furnished an undertaking that the lease is and will remain in the name of M/s Geetarani Mohanty and if any change has to be done, it will obtain prior approval of Central Government as per guidelines. The copy of the said undertaking is enclosed. In this context, it is to state that while recommending the forest diversion proposal vide F&E Department letter No.6879/F&E dt , it was informed under the heading "Brief Description" that Government of Orissa in Steel & Mines Department granted a mining lease over ha. of non-forest land for iron ore mining in village Raikela of Bonai tehsil in favour of Smt. Geetarani Mohanty for 20 years w.e.f to The lease deed was also executed on Subsequently, the lease was transferred in favour of M/s Geetarani Mohanty with due permission of Government of India, followed by permission of State Government in department of Steel & Mines vide Proceedings No. IV(B)SM-8/ dt Thereafter the transfer

14 17 lease deed was executed on But consequent upon resignation of one of the partner i.e. Smt. Geetarani Mohanty from the firm and joining of two more partners w.e.f , a partnership. deed was reconstituted on among the three partners of firm viz. Sri Srinibas Sahoo, Sri Dushasan Sahoo and Smt. Suprasanna Sahoo. As per page-1 of the Reconstituted partnership deed, the name and style of the firm continues to be M/s Geetarani Mohanty. The Managing partner of the firm has also undertaken that the lease is and will remain in the name of M/s Geetarani Mohanty and if any change has to be done, prior approval of Central Government shall be obtained as per guidelines. The Steel & Mines Department vide their letter dt have clarified that induction of new partners in the form of Smt. Suprasana Sahoo and Shri Srinibas Sahoo cannot be considered as reconstitution of the original partnership firm M/s Geetarani Mohanty. In fact, the original two member partnership between Shri Srinibas Sahoo and Smt Geetarani Mohanty was automatically dissolved upon the retirement of the later on Hence the partnership formed subsequently including Srinibas Sahoo, Suprasana Sahoo and Dushasan Sahoo at the later date i.e cannot be considered as the reconstituted version of the partnership form M/s Geetarani Mohanty. Moreover for this so called reconstituted firm, no permission has been given by the State Government.

15 18 In this context, it is to state that Government of India, Ministry of Mines vide their letter No.5/36/ 92-M.V dt had conveyed the approval of the Central Government under Section 37(1) and 46(2) of Mineral concession Rules, 1960 for transfer of mining lease for iron ore over an area of ha. In village Raikela in Sundargarh district from Smt. Geetarani Mohanty to M/s Geetarani Mohanty for unexpired period of the lease i.e. up to It is not known if such transfer of lease as allowed by the Central Government during original mining lease period is still in force during 1 st RML period. Further the deed of partnership of the firm has been reconstituted with the induction of two more partners i.e. Sri Dushasan Sahoo and Smt. Suprasanna Sahoo on In view of the above and as per query made by the Eastern Regional office, MoEF vide their letter NO. 5- ORA051/2007-BHU dt , the matter was referred to Steel & Mines Department for clarification in the matter (i) present position of validity of partnership deed, (ii) the present working status of the mines considering the fact that lease has DLC land in it and also to clarify as to whether undertaking of mining activities on the leasehold area including DLC forest land shall be subject to required clearance of the Ministry of Mines, Government of India with regard to transfer of lease during 1 st RML period from for a period of 20 years, for which RML application has been filed by the firm in time. In this context, the Joint Director, Directorate of Mines, Odisha in his letter No dt has informed that the original lessee i.e. Smt Geetarani Mohanty vide her letter dt giving her express consent to admit new partner and acknowledged receipt of her share up to and took retirement from the partnership firm by executing a Deed of Retirement w.e.f The Joint Director of Mines has also indicated that the partnership firm

16 19 i.e. M/s Geetarani Mohanty has intimated the State Government about the change brought in the original partnership firm as required under Rule 62 of Mineral Concession Rules, 1960 as mentioned in the order dt of Hon ble High Court of Orrisa in WP(C) No of 2008 filed by Smt. Geetarani Mohanty Vrs. State of Orissa and others. Hence the reconstitution of partnership firm M/s Geetarani Mohanty does not constitute a new firm and thus continues to exist. In view of the above status of the partnership firm, it has been clarified by the Joint Director of Mines that the firm M/s Geetarani Mohanty is the lessee and the original mining lease still holds good during 1 st RML period due from and fresh permission is not required to be issued by Ministry of Mines, Government of India. The 1 st RML applied for by M/s Geetarani Mohanty in accordance with the provision under Rule 24(1) of MCR, 1960 can be granted by the State Government under Rule 24(3) of the said Rule and lessee can operate the mines Under Rule 24A(6) of MCR, 1960 subject to availability of all statutory clearances. As regards working status of mining in the leasehold area, it has been reported by the Joint Director of Mines that IBM had suspended mining operation in this lease vide their letter dt till date. Prior to it, mining operation was continuing over broken up DLC forest land (broken up prior to ) till the expiry of original lease period i.e After this, Mining operation discontinued over the broken up DLC land for want of forest clearance. As per report of DY. Director of Mines, Koira, Mines is not operating at present. The 1 st RML application filed by the firm is pending for disposal at the level of State Government. A copy of letter of the Joint

17 20 Director, Mines is enclosed. 15 Any other condition that the CCF (Central), Regional The User Agency has agreed to abide by any additional condition which may be imposed by the Office, Bhubaneswar/the CCF (Central), Regional Office, Bhubaneswar / State Forest Department may impose from time to time for protection and improvement of flora and fauna in the forest, the State Forest Department from time to time for protection and improvement of flora & fauna in the forest area. In this regard the user agency has furnished an undertaking which is enclosed. area, shall also be applicable. 16 All other condition under different rules, regulation and regulations including environment clearance shall be complied with before The User Agency has submitted undertaking to comply with all other conditions under different rules, regulations and regulations including environmental clearance before transfer of the forest land. The said undertaking is enclosed. transfer of forest land. 3. State Government in their said letter dated 22 nd April 2014 further informed that in addition to the above stipulations prescribed by the Government of India, MoEF in their in- principle approval, the State Government had stipulated additional conditions for compliance by the user agency. Details of additional conditions stipulated by the State Government and status of their compliance as reported by the State Government in their said letter dated 22 nd April 2014 are as below: Sl. No. Conditions stipulated by the State Govt. Status of compliance (i) The use agency shall implement a Conservation Plan in their lease hold area as per the Guidelines of the Chief Wildlife Warden, Orissa The site Specific Wildlife Conservation plan and wildlife Management Plan prepared in respect of lease has been approved by the Principal Chief Conservator of Forests & Chief Wildlife Warden, Odisha, with financial forecast of Rs lakhs which includes cost of expenditure of Rs. 72,00,000/- to be incurred by the Divisional forest officer, Bonai for undertaking components of work outside the lease hold area and Rs. 28,00,000 to be spent by the user agency within the leasehold area under the guidance of Divisional Forest Officer. As

18 21 (ii) The user agency shall pay the evaluated royalty of 633 enumerated trees before commencement of work on Stage II approval reported, User Agency within the leasehold area under the guidance of Divisional Forest Officer. As reported, User Agency has deposited Rs. 72,00,000/- for activities to be implemented by the Divisional forest Officer, Bonai Division in favour of Ad-hoc CAMPA in shape of bank draft bearing No dated The copy of the said bank draft is enclosed. Further the User Agency has furnished an undertaking to spend Rs Lakhs towards activities to be implemented by it as per prescriptions of approved Site Specific Wildlife Conservation Plan within the leasehold area. Besides the above, the user agency has also deposited an amount of Rs. 13,51,720/- towards proportionate contribution for implementation of Regional Wildlife Management Plan as per previous rate of Rs. 20,000/- per ha over ha of ML area in shape of bank draft bearing no dated in Account No of Union Bank of India sunder Nagar New Delhi. The copy of the said bank draft is enclosed The User Agency has furnished an undertaking to pay the evaluated royalty of 633 nos. of enumerated trees before commencement of work on Stage-II approval. The said undertaking is enclosed at Annexure-XIV. Further in compliance to Govt. of India, MoEF circular vide F.No. 11-9/1998-FC (Pt.) dt in the matter of ensuring compliance to the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 while processing a forest diversion proposal, the State Government vide their letter No dt and No dt had asked all the Collectors, who are the chairpersons of the District Level Committee constituted under Section 6(5) of the Forest Rights Act,2006 to

19 22 submit the relevant certificates appended with required evidences whenever any User Agency applies for diversion of forest land for project under Forest Conservation Act, 1980 along with the two other documents of the Concerned Gram Sabhas as per specification given in Govt. of India, MoEF circular referred to above. 4. State Government in their said letter dated 22 nd April 2014 further informed as below: (i) In the instant forest diversion proposal that involves ha. Of forest land for mining and other ancillary activities the Collector, Sundargarh has furnished the following certificates/documents pertaining to the forest land proposed for diversion for mining of Iron ore by M/s Geetarani Mohanty in village Raikela under Koira tehsil during Original lease period in Sundargarh district. (a) (b) Certificate on five items duly signed by the Collector, Sundargarh. Resolutions passed by the Palli Sabha of Raikela village of Dengula Gram Panchayat in their meeting held on , duly signed by the Members present there in regional language. (c) English version of the resolution of Palli Sabha submitted by the Collector, Sundargarh copies of the certificates and other documents as indicated above are enclosed. (ii) (iii) (iv) Also the user agency has furnished an undertaking not to use the forest land earmarked as Safety zone for mining and other purposes which is enclosed at Annexure-XVI. Further the DGPS map of forest area duly verified by the ORSAC and authenticated by the DFO, Bonai has been furnished along with its soft copy in CD form in compliance to GOI, MoEF circular F. No. 11-9/98 dated , which is enclosed. In this context, it relevant to mention here that the Managing Partner of M/s Geetarani Mohanty had approached the Hon ble Orissa High Court vide W.P. (C) No /2011 challenging the illegal action of Opposite Party No. 1 {(Chief Conservator of Forests(Forest Diversion) &Nodal Officer, FC Act} in not according clearance to the application for stage-i clearance. In this Writ case, the Divisional Forest Officer, Bonai Forest Division and Assistant Inspector General of Forest,

20 23 Ministry of Environment & Forest (F.C. Division) Govt. of India, have been impleaded as Opposite Party No. 2 and 3 respectively. The Hon ble High Court while disposing the case at the stage of admission vide their order dt have passed the following order. "The Writ Petition is disposed of directing opposite party no.2 as well as petitioner to comply the requirement or deficiencies, as pointed in the said letter within a month from today. The opposite party no.1 after receipt such compliance report shall do well to forward Stage-II Forest Clearance Certificate of the petitioner to the State Government as well as the Central Government for necessary Action." (v) (vi) The copy of the above mentioned Order of Hon'ble High Court, Orissa is enclosed. Thereafter the lessee had filed another Writ Petition No. 110.of 2013 before the Hon'ble Odissa High Court where he has also prayed before the Hon'ble Court to direct OP No 2(F&E Department) to forward the application for Stage-II clearance to MoEF, Government of India. The F&E Department had also filed the counter affidavit before the Hon'ble High court in this case on stating elaborately the reasons for not sending the compliances to MoEF, Government of India. Detailed reasons for non-submission of compliance in time pertaining to this project has already been elaborately mentioned in preceding paragraph. It may therefore be appreciated that compliance on account of Government of India, MoEF pertaining to FRA compliance for entire forest land of ML area, preparing DGPS/Geo-referenced map for forest land proposed for diversion and the legal litigations involved in the matter took a considerable period of time for which detailed compliances could not be sent to MoEF within the validity of original lease period i.e or within the stipulated period of five years. 5. Government of Odisha in said letter dated 22 nd April 2014 requested this Ministry that taking note of the above position of compliances of stipulations of Stage-I approval of Government of India, MoEF and due to the constraints of State Government for 'sending compliances to subsequent guidelines prescribed pertaining to FRA and Geo-referenced map, the GoI, MOEF may consider condoning the delay in submitting the detailed compliances of Stage-I stipulations within the stipulated period of five years and consider the case in the light of guidelines issued vide their letter F. No /2011-FC dt regarding simplified procedure for grant of approval in cases of Renewal of Mining leases, for according (i) final approval under F.C. Act, 1980 for diversion of

21 ha. of forest land for Iron Ore Mining in village Raikela by M/s. Geetarani Mohanty of Bonai Forest Division in the district of Sundargarh, Odisha during the original Mining lease period which has already expired on and (ii) according final approval for entire forest land of ha. including ha. of forest land within the safety zone within the ML area of ha. during 1 st RML for a period, co-terminus with lease period to be granted by the State Government, not exceeding twenty years w.e.f , on its own merits and convey the same to this department for further follow up action. 6. Provisions of above-indicated guidelines No. F. No /2011-FC dt regarding simplified procedure for grant of approval in cases of Renewal of Mining leases are as below: (i) This Ministry has been receiving representations to stipulate simplified procedure for grant of approval under the Forest (Conservation) Act, 1980 (FC Act) for renewal of mining leases. After careful examination of the matter the following has been observed: (a) Ideally a lessee should seek and obtain approval under the FC Act for diversion of entire forest land located within a mining lease at the time of its renewal. However, it has been observed that in many mines, approval under the FC Act for diversion of forest land has been sought in a piece-meal manner. Lessees in such cases continued to undertake mining in non-forest land or non-forest land plus a part of the forest land for which approval under the FC Act has been obtained. (b) With increased awareness and strict enforcement by Central and State/ Union Territory Governments and various Courts of Law, lessees of these mines submitted proposals for diversion of balance forest land located within such mining leases. This Ministry vide letter No /20120 FC dated 1 st February 2013 has also directed the State/ UT Governments to ensure that approval under the FC Act for diversion of entire forest land located within a mining lease shall be obtained within two years (i.e. on or before ). (c) In some of the mining leases, where this Ministry after critical examination of the status of reclamation and surrender of the mined out forest land and ensuring compliance with all existing statues and guidelines, as applicable to such proposals, accorded in-principle approval not long ago before expiry of the mining lease, validity of the mining lease has expired before grant of final

22 25 approval for diversion of forest land. (d) In such cases adherence to existing procedure involving examination of proposal at several levels in the State/ Union Territory and Central Governments to obtain prior approval of Central Government under the FC Act for renewal of mining lease is not likely to serve any useful purpose as no new facts, significantly different from those observed during examination of the previous proposal, not long ago, are likely to emerge from processing of de-novo proposals. (ii) After careful examination of the matter it has therefore, been decided that in cases, where before submission of a report on compliance to conditions stipulated in the in-principle approval by the concerned State/Union Territory Government within the stipulated period of five years from the date of grant of in-principle approval, and grant of final approval by the Central Government, validity of the mining expires, instead of submission of a de-novo proposal to obtain approval of Central Government under the FC Act, for such forest land, for renewal of mining lease, the State/ UT Governments while submitting report on compliance to conditions stipulated in the in-principle approval may seek approval of Central Government under the FC Act for diversion of such forest land for (i) original period of the mining lease for which in-principle approval has already been accorded by the Central Government; and also for (ii) renewal of mining lease for a period, as specified by the State/ Union Territory Government, not exceeding twenty years. Report on compliance to a statute(s), circular(s) or directive(s), as applicable to such proposals, which came into force after grant of in-principle approval, if any, shall also be submitted to the Central Government along with the report on compliance to conditions stipulated in the in-principle approval. (iii) In such cases, apart from grant of final approval under the FC Act for diversion of such forest land for original period of mining lease, the Central Government, shall, after considering advice of the Forest Advisory Committee or the State Advisory Group, as the case may be, and after such further enquiry as it may consider necessary, grant approval to the proposal of the State/ UT Government for renewal of mining lease for a period, as may

23 26 be specified by the Central Government, not exceeding twenty years, with appropriate conditions or reject the same. 7. The proposal is placed before the Forest Advisory Committee for their examination and appropriate recommendations on request of the Government of Odisha in Paragraph- 5 above. *****