FACT SHEET. Maharashtra Kolhapur

Transcription

1 F. No. 8-81/2013-FC Sub: De-reservation of Reserved and Protected Forest land of ha for distribution for agriculture purpose to PAP s from 7 villages from Chandoli Wildlife Sanctuary in District Kolhapur, Maharashtra. 1. The State Government of Maharashtra vide their letter No. FLD-2313/CR-280/F-10 dated submitted the above proposal seeking prior approval of the Central Government under the Forest (Conservation) Act, Proposal envisage de-reservation of Reserved and Protected Forest land of ha for distribution for agriculture purpose to PAP s from 7 villages from Chandoli Wildlife Sanctuary in District Kolhapur, Maharashtra. The facts related to the proposal, as contained in the State Government letter dated , are given below: S. No. Name of the Proposal 1. Location (i) State (ii) District 2. Particulars of Forests: (i) Name of Forest Division and Forest area involved. FACT SHEET De-reservation of Reserved and Protected Forest land of ha for distribution for agriculture purpose to PAP s from 7 villages from Chandoli Wildlife Sanctuary in District Kolhapur, Maharashtra. Maharashtra Kolhapur Kolhapur Forest Division ha (ii) Legal status/sy.no. Reserved and Protected Forest (iii)map SOI Toposheets Forest Cover map Digital DGPS map 10 km redius map 3. Topography of the area - Pg /c 4. (i) Geology (ii) Vulnerability to erosion 5. (i) Vegetation (ii) Density - The proposed area is not vulnerable to erosion. Subabhul, Sisu, Nilgiri, Austrilain banul, Karanj, Shisam, Palas, bartondi, Teak, Ain, Lokhandi, Katak, Jambhul, Pimpal, Kunkuphal, Gulmohar, Chandan, Charoli, Chinch, Pletofarma, Shivan, Mango, Dhavada, Bel, Shiras, Moha, Vad, Hirda, Sitaphal, Ramphal, Khaneri, Sawar, Umber, Kashid, Bhoker, Limb, Hever, Protopiece, Khir, Udi, Soudand, Glericidia, etc. 06. to 0.7

2 (iii) No. of trees to be felled 6. Whether area is significant from wildlife point of view 7. Whether forms part of National park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant Corridor, etc. (if so, details of the area and comments of the Chief Wildlife Warden 8. Whether any RET species of flora and fauna are found in the area. If so details thereof 9. Approximate distance of the proposed site for diversion from boundary of forest. 10. Whether any protected archaeological/ heritage site/defence establishment or any other important monuments is located in the area. 11. Whether any work of in violation 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. 12. Whether the requirement of forest 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. 13. Whether clearance under the Environment (protection) Act, 1986 is required? 14. Compensatory Afforestation (i) Details of non-forest area/degraded forest area identified for CA, its distance from adjoining forest, number of patches, sixe of each patches. (ii)map showing non-forest/degraded forest area identified for CA and adjoining forest boundaries. (iii)detailed CA scheme including species to be planted, implementing agency, time schedule, cost structure, etc. (iv) Total financial outlay for CA trees Below 60 girth 8464 Above 60 girth 1856 Not Applicable The proposed area does not form part of National Park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, etc. No rare/endangered/unique species of flora and fauna have been found/recorded in the area Proposed area is part of the forest land. There is no protected archaeological/heritage site/defense establishment in the proposed area. No Yes, the requirement of land is unavoidable and barest minimum. NA NA NA NA NA

3 (v) Certificate from the competent NA authority regarding suitability of the area identified for CA and from management point of view. 15. Catchment Area Treatment Not Applicable 16. Compliance of Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, Rehabilitation of Oustees a) No of families involved b) Category of families Pg /c. Examination of the compliance revealed that certificates issued by the District Collector Kolhapur is in accordance with the MOEF&CC s Guidelines dated read with Guidelines dated and The District Collector has certified that complete process for identification and settlement of rights, diversion of forest land for facilities managed by the Government and safeguarding the rights of Primitive Tribal Group and Pre- Agricultural Communities as required under the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 has been carried out and proposal was discussed in the meeting of concerned Gram Sabha (s) maintaining the prescribed quorum. The District Collector in his certificate has also recorded that the Gramsabha of each village has opposed the proposal and the discussions and decisions of the proposal had taken place in the Gramsabha of concerned villages when there was not requisite quorum of the members of the Gramsabha Documentary evidences in support of settlements of rights under the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 including the consent of Gram Sabha (s) have not been submitted. 764 Khatedar SC/ST Nil

4 c) Details of rehabilitation plan Enclosed Pg-22/c 18. Cost Benefit Ratio NA 19. Total Cost of the Project Rs. 50 Crores 20. Recommendation i. DFO ii. CCF iii. Nodal Officer iv SG 21. District Profile (i) Total Geographical area of the district Recommended, Pg-24/c Recommended, Pg-30/c Recommended, Pg-31/c Recommended, Pg-33/c 7220 Sq. Km. (ii) Total Forest area/divisional Forest area (iii)total area diverted since 1980 (iv)total CA stipulated since 1980 (Forest land) a. Forest land b. Non Forest land (v) Progress of Compensatory Afforestation a. Forest land b. Non Forest land ha 61 cases ha ha Not mentioned Village wise breakup of the forest land proposed for diversion as reported by the Deputy Conservator of Forests, Kolhapur and Deputy Conservator of Forests (Wildlife), Kolhapur is given as under: Village Taluka Dist. Gut No. Legal Status Total Area (Ha.) Dhanoli Shirol Kolhapur 1362,1379,1375,1231, (Compt. No.708A) Kothali 1338,1239, (Compt. No.708B) Narande Hatkangle 787, 786pt, 444pt, 514pt, 714pt, 752pt, (Compt. No.701) Pargaon 591, 591pt, (Compt. No.694A) Protected Forest Reserved Forests Protected Forest

5 Male Panhala 805, (Compt. No.693A) Alte Hatkangle (Compt. No.702) Nimshrigaon 264pt, 623pt, (Compt. No.714) Total area Reserved Forest Ha. Abstract of private land of project affected people in Sanctuary area to be acquired by Conservator of Forests (Wildlife), Kolhapur- Sr. No. Village Tahsil Land to be acquired (ha) 1. Nivale Shahuwadi Chandel Shahuwadi Tanali Shahuwadi Dhakale Shahuwadi Sonarli Shahuwadi Tambave Shahuwadi Gothane Sangameshwar Total Area The project has been initiated by Deputy Conservator of Forests, Kolhapur and Deputy Conservator of Forests (Wildlife), Kolhapur for deforestation of Ha. forest land for distribution for agriculture purpose to PAP s from 7 villages from Chandoli Wildlife Sanctuary. 3. Chandoli Wildlife Sanctuary, one of the important Protected Area of Maharashtra State, is located in the Western Ghats. Western Ghats area is considered to be an important biodiversity hot spot. Chandoli Wildlife Sanctuary is home to several endemic, rare and endangered plant species. 4. The Protected Area falls in biogeographic Zone 5B of Weatern Ghats and is situated in the Central Sahyadri Range. The entire Protected Area is mountainous with very steep precipitous slopes, deep valleys and long stretching laterite plateau. The central portion of Protected area is occupied by Vasant Sagar reservoir of Warana River. The detail of the area involved in the Sanctuary is given as under: Legal Status Area in ha Reserved Forest Protected Forest Unclassed Forest

6 Area in charge of other dept Private areas Gaonthan Total The sanctuary covers an area of Sq. Km. comprising geographical area of 32 villages spread over 4 tahsil, Shirala (19 vilages), Shahuwadi (9 villages), patan (03 villages) and Sangmeshwar (1 village) respectively of Sangli, Kolhapur and Ratnagiri district. 6. Government of Maharashtra has notified Chandoli Wildlife Sanctuary vide notification no. WLP-1085/CR-588/(II).F5,dated 16/09/1985, under the provisions of wildlife protection act, 1972 and vide notification No. WLP 1999/CR-117/F-1. dated 14/5/2004 declared Chandoli Sanctuery as Chandoli National Park 7. Of the 32 villages so notified, due inquiry has been completed in Shirala Tahsil (19 villages) by S.D.O. Walwa in Shahuwadi tahsil (9 villages) by S.D.O. Karveer, in Patan tahsil (3 villages) by S.D.O. Karad, in Sangmeshwar tahsil (1 villages) by S.D.O. Chiplun. 22 villages (12 from Shirala Tahsil, 6 drom Shahudwadi, 3 from Patan tahsil and 1from Sangmeshwar) are recommended for rehabilitation. Earlier, 8 villages were already shifted out side the P.A. due to Waena Irrigation Project. At present 18 villages were relocated outside the P.A. due to Sanctuary. 3 villages from Patan tahsil and part of one villages of Sangmeshwar tahsil are yet to be shifted outside the P.A. 2, villages will be continued to remain in P.A. area villages of Shahuwadi tahsil (Nivale, Tanali, Chandel, Dhakale, Tambave paiki Kulyachiwadi, Sonaeli Paiki D hanagarwada and part Gothane villages of Sangmeshwar tahsil), with an area of ha.., approximately population of 2566 were shifted to Kolhapur District. And 13 New gaonthan/vasahat were created at Bhadole, Latwade, Pargaon, Narande, kakhe, wathar, Rukadi, Galgale, Kodoli, Maale, Bhendavde and Danoli in hatkngale, Shirol and Panhala tahsil of Kohlapur District. Of the total land of 667 ha. needed for rehabilitation, only ha. forest land is identified and is proposed for deservation (rehabilitation) and remaining major ha. land is identified from non-forest land. Since no further non forest land could be identified, this proposal is submitted. 9. Villager s preference had been obtained, and the principal reasons for the choice is that the selected land is within 8.00 K.M. redius of the newly created Gaonthan/Vasahat. Collector Kolhapur also certified that suitable land for agriculture is not available in Kolhapur district. 10. The proposed 6 villages from Kolhapur district and one part villages from Ratnagiri district were shifted to Shirol, Panhala & Hatkangle Tahsil. The area for agriculture that is falling short needs to be provided in the surrounding rehabilitated Gaothan locations. Since no other non-forest area is available, the present forest areas are proposed for dereservation. So that it can be provided as agricultural land to the rehabilitated people. 11. Collector, Kolhapur has certified that no alternative alignment is possible and the forest land required is the barest minimum. Collector, Kolhapur has also certified that suitable land for agriculture acceptable to project affected persons is not available in Kolhapur district. 12. The project involves felling of trees of various species and girth class. Girth wise break up is as under above There is no violation of Forest (Conservation) Act 1980 as certified by the Deputy Conservator of Forests, Kolhapur 14. The Deputy Conservator of Forests, Kolhapur has certified that the proposed project is not within 10 Km of the boundaries of the protected area.

7 15. The Collector and Chairman, District level committee (FRA), Kolhapur has issued certificates regarding compliance under FRA in the 7 villages. He has noted in the certificates that there are no Primitive Tribal groups and pre Agricultural communities within forest area under diversion and there are no primitive tribal groups and pre agricultural communities from the OTFD s under FRA-2006 at any level i.e. Gramsabha, SDLC & DLC. He has also noted that the Gramsabha of each village has opposed the proposal and the discussions and decisions of the proposal had taken place in the Gramsabha of concerned villages when there was not requisite quorum of the members of the Gramsabha. 16. The Deputy Conservator of Forests, Kolhapur has certified that proposed project is not likely to affect any monuments site of cultural, historical religious, archeological or recreational importance. 17. The area involved does not form part of any existing National Park, Wildlife Sanctuary and Nature Reserve etc. 18. Compensatory afforestation is not proposed in view of the fact that the land which will be transferred to the Forest Department after rehabilitation is required to be maintained as a grass land in perpetuity and this area will be constituted in to Reserved Forests under section 20 of Indian forest Act, As per the directions in Para 2.7 (ii) of the guidelines under Forest (Conservation) Act, 1980, it is noted that diversion of forest land for the rehabilitation of persons from core area of national Park or Sanctuary may be considered by the Government of India. 20. According to the circular issued by Government of Maharashtra vide Govt. Resolution No. WLP/1099/191/F-1, dt. 17/7/2000, regarding rehabilitation of people from protected areas each family having land is to be given equal land with a minimum of one ha and each landless shall be given one ha each, but due to paucity of land, the agriculturist with land have accepted one ha of land each irrespective of land owned by them and a compensation for the remaining land over one ha and each landless labour will get, by consent, 0.40 ha each. 21. As per MoEF, New Delhi letter No /2006-FC, dt. 10/5/2006, the payment of Net Present Value is exempted for the relocation of the villages from National Parks/Sanctuaries. 22. Rehabilitation plan is enclosed in the proposal. 23. The rehabilitation will be as per established guidelines of the existing Act and G.R.s. 24. The Principal Chief Conservation of forest, Maharashtra State, Nagpur has recommended the proposal subject to the conditions, given in his specific recommendations, under Section-2 (ii) of the Forest (Conservation) Act, His specific recommendations are enclosed in the proposal. 25. Central Empowered Committee in its report dated 28/9/2006 in application Nos regarding the permission sought for change in the legal status of the Forest land for Rehabilitation of the villages from Wildlife Sanctuary, has recommended the dereservation of Forest land under Section-2 of Forest (Conservation) Act 1980 for relocation of villages from the National Parks/Sanctuary. 26. Since the forest area proposed under this proposal is intended for the rehabilitation of villagers from the Protected Area, therefore it will be appropriate to de-reserve this area so as to avoid legal complications in future. Since about 209 ha out of the total proposed area ( ha) is Protected Forest for which no clear cut provision for de-notification have been stipulated in the Indian Forest Act, 1927 the Government of India is hereby requested to dereserve the proposed area under Section-2 of the Forest (Conservation) Act, Site Inspection Report 1. Legal Status of Forest land proposed for diversion: The forest areas proposed for the diversion are Reserved and Protected Forests.

8 2. Item wise breakup of the forest land proposed for diversion: The entire land ha. is required for the agriculture and the same is within 8.00 km. of newly created Gaonthan Nasahat. This forest land is in addition to the ha. of nonforest land required for agricultural purposes. 3. Whether the proposal involves any construction of buildings (including residential). If yes, details there of: No, it is for the agriculture purpose. 4. Total cost of Project. Approximately 50 crore for rehabilitation of 19 villages and the present proposal is a part of it. 5. Wild Life: No wildlife seen during the inspection. Chances of wildlife inhabiting the areas are remote as most of the proposed sites are devoid of good tree cover and are located near villages and road sites. 6. Vegetation : Out of 07 proposed sites, 05 are devoid of significant trees areas. Only 02 sites Namely Narande and Pargaon have significant numbers of trees. General ecosystem is not going to be affected as in most of the places.there is hardly any good vegetation. Total numbers of trees proposed to be felled: numbers in all proposed sites. 7. Background note of the proposal: The Deputy Conservator of Forests, Kolhapur has submitted the proposal for diversion of forest land for the allotment of forest land ( Reserved and Proposed) to the villagers settled in above mentioned villages of Narende, Male Paragaon,Dhanoli,Alate, Nimshirgaon and Kothali. The villagers have been relocated from Chandoli Wildlife Sanctuary. The Rehabilitation is considered necessary to grant benefit to the conservation of wildlife and eliminating the anthropogenic disturbances. Such rehabilitation will consolidate the Sanctuary area for wildlife conservation. Since the entire requirement of land for the agriculture purpose could not be located in non - forest areas, the above mentioned sites with following dimensions were proposed for the diversion. Dhanoli ha. Kothali ha. Pargaon-25.0 ha. Alte ha Narande ha. Male ha. Nimshirgaon ha 8. Compensatory Afforestation: The proposal for Compensatory Afforestation has not been made in view of the fact that the land which will be transferred to the forest department after rehabilitation is required to be maintained as grassland in perpetuity and this area will be constituted in to Reserved Forests under section 20 of the Indian Forest Act, Whether proposal involves violation of Forest(Conservation) act? No such violations were seen in field visit. The state Government has also stated this.

9 10. Whether the proposal involves rehabilitation of displaced people? Yes as noted above. 11. Reclamation Plan : details and Financial Allocation : None. 12. Details of catchment and command area under the project. Catchment area treatment plan to prevent siltation of reservoir. Not applicable. 13. Cost benefit ratio Not relevant. 14. Recommendation of Nodal officer and the State government: The State government has recommended the proposal. 15. Utility of Project : With the rehabilitation of villages from the Chandoli Wildlife Sanctuary, the anthropogenic Pressure will be reduced l to the greatest extent. Wild life will have unhindered access to each and every corner of the Sanctuary. Villagers being deprived of modern days amenities at the present location due to restriction in developmental activities in Sanctuary will have civic amenities at proposed rehabilitated sites. With the proposed rehabilitation chances of man - animal conflict will be greatly reduced and animals will also.be successfully isolated from human beings. 16. Whether the land being diverted has any socio-cultural value: No. Whether any sacred grove or very old growth of trees or forests exist in the area proposed for Diversion? No such things were seen during the inspection of various sites. Whether the land under diversion forms part of any unique eco-system? The proposed sites are close to the habitation and mostly being plain at the foothills may not pose any threat to the ecology as the forests are mainly degraded. 17. Situation with respect to any P.A. The Deputy Conservator of Forests, Kolhapur has certified that proposed sites are not within 10 K.m. of the boundaries of the protected areas. 18. Details of comments of the APCCF on alternate routes/alignments for locating the projects. Being a project of rehabilitation of villages the issue of alternate routes/ alignments for locating the projects is not relevant. Most of the proposed sites have not much trees and are located near villages on plain areas. These lands are suitable for the agriculture purpose. 19. Recommendation of Regional APCCF along with detailed reasons: This is a project related to the conservation of wildlife by securing safe and unhindered habitat to them by way of shifting villagers from the interior areas of the Wildlife Sanctuary. At the same time it is to be seen that villagers are rehabilitated in such a manner that forests areas are not fragmented. The project proposal is aimed at conservation of wildlife by way of securing safe and unhindered movement in their habitat. For this purpose the villagers residing in the habitat have to be shifted and rehabilitated in such a manner that the existing forest areas are

10 not fragmented.therefore, it is suggested that, if possible, another extent of 25 ha. of land be identified at Narende Village, so that the proposed site at Paragaon being at the base of a hillock having good forest cover and located in relatively in accessible area, can be dropped. In his inspection report CCF has made some recommendations which may also be seen with the above suggestions, the proposal is recommended for approval. 20. Any other information related to the project: The Chief Conservator of Forests of this office has submitted the inspection report along with photographs and the same is enclosed. In view of the above the proposal may be submitted to the FAC for its consideration in its forthcoming meeting. C.J. Singh TO-FC AIGF(RK)

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