FOREST CONSERVATION ACT 1980: NEED TO STRIKE BALANCE BETWEEN CONSERVATION AND DEVELOPMENT L.P. Singh, IFS (1996) Bihar

Size: px

Start display at page:

Download "FOREST CONSERVATION ACT 1980: NEED TO STRIKE BALANCE BETWEEN CONSERVATION AND DEVELOPMENT L.P. Singh, IFS (1996) Bihar"

Cleopatra O’Neal’
6 years ago
Views:

1 FOREST CONSERVATION ACT 1980: NEED TO STRIKE BALANCE BETWEEN CONSERVATION AND DEVELOPMENT L.P. Singh, IFS (1996) Bihar Abstract: Forest is a wonderful natural & renewable resource which is not only essential for ecological stability of the earth but also in providing livelihood support to a large number of deprived tribals & other forest dependent population. As the human civilization proceeded, our natural forest areas have undergone change due to multiple courses which includes agriculture expansion, infrastructure development wood extraction, climate changes, fore, invative species, population pressure, poverty, police & institutional features to maintain our forests. These changes have complex socio-economic, cultural and political foundations and it is simply not always possible to find cause-effect relationship in the long ru of time. At present, when there is debate over going global climate change, this natural resource is being reinvented for its important role in providing environmental services and as potential carbon-sink. We cannot forget the share of forest area in overall land area which is about 31% and these forest lands are being deforested for fulfilling our different requirements. In India, recorded forest area is about 23.41% of the total land area and these have been under tremendous pressure for meeting our endless demands of growth & livelihood. We have to always remember that there is enough in nature to fulfil for our need, not for greed. Key Words: - Need of Conservation - Means of Conservation

2 - Implementation of the means - Monitoring & Evaluation - Impact assessment - Further modification Introduction: Barak Obama, at George town University in Washington on 26 th June 2013, while unveiling the country s first climate Action Plan. There is no contradiction between a sound environment and strong economic growth. Recent in the state of Uttaranchal of our country is an eye-opener to all that enough to enough. Conservation of natural forest is essential for our survival on the planet earth and any kind of development without our survival is meaningless. Need of the hour has compelled to rediscover the role of our forest Conservation Act 1980 in the present seenario. We need a balanced ecosystem for our presence and it can be by conserving & protecting our natural resources, especially our forests. Need of conservation of our natural resources are directly linked with the development of human civilization. We need agriculture, minerals, dams, roads, power plants etc for food, development, employment, poverty alleviation etc. But we should not forget the sustainability factor. We have to think that we are not able to protect ourselves against the adverse effect of increase in Green House gases & climate change, then, what will happen to our future generations. Therefore conservation of existing forests is our primary necessity. Now the situation is do or die. As we know that forests was under the state list of our constitution till 1976 & it was brought under concurrent list through 42 nd concr of the Constitution. Subsequently, considering large scale diversions of forest land for non forestry purposes, Govt. of India on important ordinance

3 on 25 th October 1980 for the conservation of forests, which was later as the Forest (Conservation) Act, 1980 (FCA). The FCA, as amended in 1988, which extends to whole of India except the State of Jammu & Kashmir, is a very simple but potent law having only four sections. The main section of the Act section 2 reads as below: Notwithstanding anything contained in any law for the time being in force in a State, no State Government or any authority shall make, except with the prior approval of the Central Government, any order directing (i) that any reserved forest (within the meaning of the expression reserved forest in any law for the time being in force in that State) or any portion thereof, shall cease to be reserved: (ii) that any forest land or any portion thereof may be used for any non-forest purpose; (iii) that any forest land or any portion thereof may be assigned be way of lease or otherwise to any private person or to any authority, corporation, agency or any other organization not owned, managed or controlled be Government; (iv) that any forest land or any portion thereof may be cleared of trees which have grown naturally in that land or portion, for the purpose of using it for reafforestation. Explanation for the purpose of this section, non forest purpose means the breaking up or clearing of any forest land or portion thereof for a) the cultivation of tea, coffee, spices, rubber, palms, oil bearing plants, horticultural crops or medicinal plants; b) any purpose other than reafforestation but does not include any work relating or ancillary to conservation, development and management of forests and wildlife, namely, the establishment of check posts, fire lines,

4 wireless communications and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipelines or other like purpose. Since forest is not defined in any law, the supreme court of India decided in their order of in WP No. 202/1995. Rules framed under FCA provide detailed procedure and application form for seeking prior approval of the Government of India. The rules and guidelines issued by the MoEF inter alia provide that the proposals submitted by the State Governments are scrutinized by an advisory committee constituted by MoEF for the purpose with regard to the need for the diversion for the proposed use, alternatives explored by the State, land (non-forest or degraded forest) for compensatory a forestation. The committee will also suggest any conditions o restrictions on the use of proposed forest land for non forestry purpose with a view to minimize adverse environmental impact. From a plain reading of the Act one important aspect which needs to be understood and appreciated is that FCA is not a prohibitory Act, rather it is a regulatory Act which is designed to regulate the use of forest lands for non-forest purposes so as to cause minimal adverse impact, and it applies to all forest areas, irrespective of ownership. The act does not prohibit any activity as it is generally made out to be, rather it intends to regulate the powers of the State Governments relating to de-reservation of reserved forests and diversion of forest land for non-forest purposes, which can be ordered by the concerned State Government only after prior approval of the Central Government (MoEF). While giving prior approval MoEF is to also prescribes imitative measures in the form of conditions for the proposed non-forestry use, safety zone/green

5 belt/avenue plantations, compensatory a forestation, catchment area treatment, and Net Present Value. The State Governments continue to be in-charge of the forests in their respective states, and is the authority to order use of any forest land for non forest purposes albeit only after prior approval of the Central Government, and following the conditions prescribed therein. Thus the Act only provides a check in the form of getting prior approval of the central government and provides for various mitigative measures to minimize adverse environmental impact. The Supreme court in their order dated (in IA Nos. 1868, 2091, , 2380, 2568 and 2937 in WRIT PETITION No. 202 of 1995 Lafarge matter) have directed. Application for prior approval of the Central Government is to be made by the concerned State Government being the custodian of all lands including forest lands and is responsible for their proper management. Obviously this is to be done after a proper and detailed scrutiny of the reasons and purpose for diversion of any particular forest land required for a non-forest activity either by the Government (central or State, including central/state PSU etc.) or by any private enterprise. The format prescribed for the application under FAC inter alia and proposed uses along with specific and considered views of the concerned field officers of the Forest Department, the Principal Chief Conservator of Forests, and the State Government. Approval of the central Government is given by MoEF in two stages first the in-principle of Stage 1 approval and on compliance to the conditions of the in-principle approval final or stage 2 approval is granted. In case the proposed diversion includes area falling within a notified protected area under the Wild Life Protection Act 1972, recommendations of the Standing Committee of National Board for Wild Life (SC NBWL) and concurrence of Apex Court is required. In case the

6 area falls within eco-sensitive zone around a notified protected area and the project needs environmental clearance, diversion is to be considered after the same is recommended by the SC NBWL. Consequent to final (Stage 2) approval by the MoeF, diversion is to be ordered by the State Government, who being the custodians of the forests in their respective states should also monitor compliance of conditions of diversion, including those given by the MoEF while giving prior approval under FCA. Before the enactment of FCA in 1980, Million ha ( Mha) forest land was diverted by the concerned states during 25 years period from to which work more than 150,000 ha. per annum, that too without any mitigation measure. The diversions were primly for Agriculture (2.5 Mha~60%), followed by river Valley Projects, Industries that too without any mitigation measure. The major diversion were in Madhya Pradesh (1.80MHa ~ 44%), West Bengal (0.32MHa ~ 8%), Karnataka (0.30 MHa ~7.5), which account for almost two third of the total forest area diverted. After the enactment of FCA in 1980, forest area diverted till 2012, including both final approval and in-principal approvals, is about 1.15 MHa, which averages to prior to FCA. The area diverted after FCA includes 5.2 lakh ha, towards regularization of encroachment, delisting of PLPA lands, conversions of fores villages etc. Thus forest land diverted for development activities- mining, hydel, projects, roads and other infrastructure etc. Is about 6.3 lakh hectare or 20,000 per ha per annum. Major non forest uses for which Government of India has given prior approval under the FCA for diversion of forest area aremining(1.49 lakh ha): irrigation(1.27 lakh ha): hydel project(1.18 lakh ha): Roads(47,500): and transmission lines (0.36 lakh ha) which account for

7 70% of toatal area diverted for development activities. Madhya Pradesh, Chhattisgarh, Maharashtra, Odisha, these states area diverted is more than 50,000 ha. This is thus very clear that FCA has been instrumental in bringing down the annual rate of diversion of forest area for non forest uses. Diversions are for two major categories of activities (i) Which are site specific viz. taking mineral recourse that are under the cover of forest, and hydel projects (site for which is decided on the water flow in rivers etc. And topography), and (ii) Non-site specific which do not have necessarily to be over forest lands. The diversion for site specific activities is required for development but it would be sensible that such diversions are considered only after a very careful, discreet and in depth analysis of the national needs, and the performance of the respective sector in utilization of forest lands already diverted along with the efficacy of mitigation measure taken up in respect of the areas already diverted. It will only be prudent and in national interest to develop long term(ten years or longer) plans for major development activities that require forest land which must include the above aspects, and other environmental concern so as to strike a balance between development. For creation for critical public utility infrastructure general approval have been accorded by the MoEF under which state. FCA 1980 Why & What Forest unique natural and renewable resource, important for (Global/National) ecological stability & local livelihood support for FDP FCA, 1980 Regulatory not prohibitory

8 Non Forest use of Forest lands - for minimal adverse impact Diversion to be ordered by the State Government Prior Approval of GoI (to the state & on State s request) after detailed scrutiny by SAG/FAC GoI approval (in principle & final ) with conditions for mitigating environmental impacts. FCA Application Whole of India except J & K ON de-reservation of forest lands and / or diversion of forest lands for non-forestry purposes. No change in legal status of diverted forest land IFA & State Forest Acts do not define Forest Apex Court s order of the provisions of the Act to all areas recorded as forest in any Govt. record irrespective of ownership, and forests as understood in the dictionary sense) Forest Areas diverted before FCA App. 4.3 million ha. of forest land diverted during 1950 to 1980 ~ ha per annum that too without any mitigation measures Agriculture 2.5 MHa. ~ 60%, River Valley Projects 0.48 MHa. ~ 12%,

9 Industries (0.13 MHa.) two third of the total forest area diverted Madhya Pradesh 1.80 MHa.~ 44%, West Bengal 0.32 MHa. ~ 8%, Karnataka 0.30 MHa. ~ 7.5% FCA Impact After diversion of forest land both final & in-principal approvals ~ 1.15 MHa. ~ ha. per annum (one sixth of diversions till 1980) including 5.2 lakh ha. for regularization of encroachments, delisting of PLPA lands, conversion of Forest villages etc. Diversion for developmental activities - mining, hydel projects, roads and other infrastructure etc. is about 6.3 lakh ha. ~ 20,000 ha per annum. ISSUES in FCA Total area diverted but what about spatial distribution?? Impeding development?? Delay in GoI prior approval? Status of use of diverted area for the applied/approved purposes deviations impact on surrounding areas reclamation after mining and return of the area to FD Status and effectiveness of prescribed mitigation measures: compliance by the State Govt./Projects. Lafarge Judgement - comprehensive policy for inspection, verification and monitoring and the overall procedure relating to the grant of forest clearances and identification of forests in consultation with the States. COMPLIANCE MANAGEMENT SYSTEM

What is the scope of PARIVESH Ans. The PARIVESH is a single window system for appraisal and granting Environmental Clearances and Forest Clearances

What is the scope of PARIVESH Ans. The PARIVESH is a single window system for appraisal and granting Environmental Clearances and Forest Clearances 1 FAQs for PARIVESH website What does PARIVESH stand for? Ans. PARIVESH stands for Pro Active and Responsive facilitation by Interactive, Virtuous and Environmental Singlewindow Hub. What is the scope