Madhya Pradesh. Chhatarpur, Panna & Tikamgarh

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1 F. No. 8-49/2016-FC Sub: Diversion of ha. of forest land in favour of Rashtriya Jal Vikas Abhikaran for development of Ken-Betwa Link Project from Dist. Chhatarpur, Panna and Tikamgarh, Madhya Pradesh- reg. 1. The State Government of Madhya Pradesh vide their letter F-3/50/2015/10-11/2182 dated submitted the above mentioned proposal seeking prior approval of the Central Government under Section-2 of the Forest (Conservation) Act, The facts related to the proposal as contained in the State Government s letter dated are given below in the form of fact sheet: FACT SHEET 1. Name of the Proposal Diversion of ha. of forest land in favour of Rashtriya Jal Vikas Abhikaran for development of Ken-Betwa Link Project from Dist. Chhatarpur, Panna and Tikamgarh, Madhya Pradesh. 2. Location (i) State (ii) District 3. Particulars of Forests: (i) Name of Forest Division and Forest area involved. Madhya Pradesh. Chhatarpur, Panna & Tikamgarh Chhatarpur(T) ha (PF) Tikamgarh (T) ha (RF) Tikamgarh (T) ha (PF) Panna National Park ha (PF) Panna National Park ha (RF) Panna North(T)- 0 ha (PF) Total= ha ( Pg /c) (ii) Legal status/sy.no. Reserved Forest/ Protected Forest (as stated above) (iii) Maps SOI Topo-sheet Pg.13/Vol-I--Chhatarpur Pg.15/Vol-I Panna National Park Pg.17/Vol-I--Tikamgarh

2 DGPS map - Given in CD CA land map- All Maps placed in Part-II- Vol-II. CA Land Geo-referenced Maps- All Maps placed in Part-II-Vol-II 4. Topography of the area - 5. (i) Geology - (ii) Vulnerability to erosion Chhatarpur: The proposed area is not vulnerable to erosion. Panna National Park: The soils are of three kind laterite, black cotton, Lome which are prone to erosion. Tikamgarh: No impact. 6. Density of Vegetation Chhatarpur- Density: 0.5, Eco-Class: 3 Panna National Park- Density: 0.2 to 0.7 Eco-Class: 3 Tikamgarh- Density: 0.2 & 0.5, Eco-Class:3

3 7. Species wise (scientific names) and diameter classwise enumeration of trees (to be enclosed. Division- Chhatarpur FRL FRL-2 Mtr FRL-4 Mtr Trees in Canal Project- 0 Total Division- Panna National Park FRL FRL-2 Mtr FRL-4 Mtr Trees in Canal Project- 0 Total Division- Tikamgarh FRL- 0 FRL-2 Mtr- 0 FRL-4 Mtr- 0 Trees in Canal Project- 344 Total Grand Total - 49, 53,078. May be seen at Pg. 4/c. 8. 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 to be annexed). Yes Chhatarpur : The forest land proposed for submergence area of project is attached to buffer line of Panna Tiger Reserve and the forest land proposed for Canal Area is almost 11 Km away from the buffer line of Panna Tiger Reserve (Pg. 4/c). Panna National Park: Ha of forest land out of total of proposed 6017 ha of forest land forms a part of Panna Tiger Reserve. Also

4 a big part nearly 4206 ha of forest land is part of Critical Tiger Habitat (Pg. 4/c). A Site Inspection Report by the Committee of the Standing Committee of NBWL is placed at Pg /c. 9. Whether any RET species of flora and fauna are found in the area. If so details thereof 10. Approximate distance of the proposed site for diversion from boundary of forest. Yes 0 km 11. Whether any protected archaeological/ heritage site/defence establishment or any other important monuments is located in the area. 12. 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. 13. 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. 14. Whether clearance under the Environment (protection) Act, 1986 is required? 15. Compensatory Afforestation (i) Details of non-forest area/degraded forest area -No- -No- The requirement of forest land as proposed by the user agency is unavoidable and barest minimum. Yes, EC application yet to be submitted. The Degraded Forest land of hectares has been proposed for Compensatory

5 identified for CA, its distance from adjoining forest, number of patches, size of each patches. (ii) Map showing nonforest/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 Scheme Afforestation. The total number of patches proposed is 239. The circle-wise and divisionwise detail for proposed CA are given and may kindly be seen at Pg.5/c in their forwarding letter. The scheme and required map is enclosed at Part-II Vol-II. The maps showing boundary of forest land for C.A is enclosed at Part-II Vol-II. The Maps/KML files for CA are not digitized properly and the proposed CA area on the Maps falling outside the respective compartment boundaries. The detailed CA Scheme is not given with the proposal. Total financial outlay for the compensatory afforestation scheme is Rs Crore as reported at pg. 116/c. (v) Certificate from the competent authority regarding suitability of the NOT GIVEN area identified for CA and from management point of view. 16. Catchment Area Treatment The Catchment Area Treatment plan has been given and placed in file at (pg /c. Vol- I). It is not clear whether the CAT plan has been approved by the competent authority. 17. R&R Plan Copy of R&R plan is given (Pg.20-88/c in Vol- I). However, it is not clear whether this plan has been approved by the competent authority.

6 18. Rehabilitation of Oustees a) No of families involved b) Category of families c) Details of rehabilitation plan ST Families 271 SC Families 735 BC Families 259 OC Families Placed at Pg. 30/c- Vol-I. 19. Compliance of Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 The certificates on Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 for an area of ha and ha (totaling to 5258 ha) have been given and the same are available at Pg /c-Vol-I & Pg /c-Vol-I respectively. Thus the FRA for entire proposed area of ha is not given. Moreover, the gram sabha resolutions are not attached with the given FRA. 20. Total Cost of the Project Rs lacs Pg. 94/c. 21. Employment Potential Total: 5000 persons/day for 8 years pg. 98/c. 22. Cost benefit Analysis The cost benefit ratio comes to 1:79 Pg 153/c. 23. Specific Recommendation of Concerned DFOs with their SIR CHHATARPUR: SIR done is placed in file (Pg /c). Recommended subject to study by Expert Committee on the proposed land (Pg.440/c). PANNA NATIONAL PARK: The Joint Director Panna Tiger Reserve has submitted SIR and the same is placed in file here (Pg /c). In his specific recommendation he is stated that out of ha area proposed for diversion under the project, ha area comes under critical tiger habitat of Panna Tiger Reserve. Due to this heavy ecological loss it is very difficult to recommend the project. On the other hand, the project proponent aims to irrigate 5.75 lacs hectare area in Bundelkhand region and provide drinking water to lakh people after implementation of the proposal. They have also listed number of measures to mitigate some of the losses. Decision in favor or against the project would require holistic over-view by a competent body. Such a

7 decision may best be taken at appropriate level Pg. 461/c. TIKAMGARH: SIR done is placed in file (Pg /c). Recommended (pg.484/c). 24. Recommendations: i. DFO ii. CCF/SIR iii. Nodal Officer/PCCF iv SG 25. District Profile (i) Total Geographical area of the district (ii) Total Forest area/divisional Forest area (iii) Total area diverted since 1980 (iv) Total CA stipulated since 1980 a. Forest land including penal CA b. Non Forest Land (v) Progress of Compensatory Afforestation a. Forest land b. Non Forest land Recommendation as explained in para 23 above at pg.440/c, 461/c & 484/c. Recommended for Chhatarpur & Tikamgarh subject to study by Expert Committee (pg /c). Recommended (pg.8/c) Recommended (pg.9/c) Details of the District Profile has been given and placed in file at Pg.137/c. 3. It is mentioned by the State Government that this proposal was placed before 39 th Meeting of Standing Committed of NBWL held on under the chairmanship of MEF and after discussions, the Standing Committee agreed to recommend the proposal with the conditions prescribed by the Site Inspection team and NTCA, as agreed by MoWR and that the resultant reservoir area shall be retained as core area with minimum activities for management purpose under close consultation with the Tiger Reserve management. The landscape based plan for the area will be finalized with NTCA in lead, assisted by WII, State forest department and project proponents.the effort to integrate the said three wildlife sanctuaries within the PTR will be undertaken simultaneously and the management objective of these areas will be in context of

8 treatment of the area as a part of tiger landscape. Requirement of all extant statues related to environment and forests including EC and FC shall be met as applicable. A copy of the letter no.6-109/2016-wl dated regarding 39 th Meeting of Standing Committed of NBWL held on Ken-Betwa Link Project-Phase 1, Patina Tiger Reserve, Madhya Pradesh has been obtained from Wildlife Divison and plance in file at pg /c. 4. After examine the proposal, the following observation are made: (i) The proposal aims to irrigate about ha. land and to provide drinking water. (ii) In the proposal, the estimated submergence area would be 6017 ha. of forestland and 5967 ha. of Non-forest land. (iii) About 49,53,078 no. of trees are proposed to be felled. (iv) (v) (vi) The approved R&R and CAT Plan have not been submitted. The complete compliance on Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 in accordance with the Ministry s guidelines dated read with is not given. The detailed approved CA scheme is not given and moreover, the Maps/KML files for CA are not digitized properly and the proposed CA area on the Maps falling outside the respective compartment boundaries, whereas as per the para 3.3 of Forest (Conservation) Act, 1980 guidelines, the scheme for compensatory afforestation should contain the following details:- a) Details of equivalent non-forest or degraded forest land identified for raising compensatory afforestation. b) Delineation of proposed area on suitable map. c) Agency responsible for afforestation. d) Details of work schedule proposed for compensatory afforestation. e) Cost structure of plantation, provision of funds and the mechanism to ensure that the funds will be utilized for raising afforestation. f) Details of proposed monitoring mechanism. (vii) The Regional Office, Bhopal has been requested vide this Ministry s letter dated (pg.511/c) to inspect the proposed area and submit a report at the earliest. 5. Site Inspection Report of proposal for diversion of 6017 ha of forest land for construction of Ken Betwa Link (Daudhan Dam) Project in favour of National Water Development Agency in Chhattarpur, Panna and Tikamgarh Districts of Madhya Pradesh. The site was inspected from 03/11/2016 to 05/11/2016 along with the officers and staff of Chattarpur,Tilamgarh Forest Divisions and from Panna Tiger Reserve along with the Engineers and staff of National Water Development Agency. 1. Legal status of Forest land proposed for diversion. 1. Panna National Park

9 (a) Core Zone ha. (b) Buffer Zone ha. 2. Chattarpur Forest Division ha. 3. Tikamgarh Forest Division ha. 2. Item wise breakup of the forest land proposed for diversion: 1) Submerged area ha. 2) Spill way ha 3) Power House ha 4) Power House ha 5) Upper level tunnel 1.15 ha 6) Lower level tunnel 0.55 ha 7) Plant area 5.00 ha 8) Road Bhusor gate to Dam axix ha 9) Approach road for PH ha 10) Road from Plant area to abutment 0.80 ha 11) Land of switch yard, transformer yard etc ha 12) Canal ha 13) Canal LBC 0.00 ha. 3. Whether the proposal involves any construction of buildings (including residential). If yes, details thereof: 02 (two) Power houses and others as above. 4. Total cost of Project: Rs. 9,39,300 lakhs. 5. Wildlife: Tiger, wolf, Leopard, Wild boar, Wild dog, Wolf, Monkeys, Chhtal, Sambhar, Bear, Vulture, Blue bull, Hyena, Ghariyal. 6. Vegetation: The density of forest is around 0.2 to 0.7. Species of Tectona grandis, Terminalia arjuna, Diospyros melanoxylon, Madhuca indica, Accacia catechu, Terminalia arjuna, Emblica officinalis, Dalbergia latifolia, Anogessus pendula, Pterocarpus marsupium, Adina cordifoloa, Schleichera oleosa etc. Total number of trees: At FRL-4 level number 7. Background note of the proposal: The Ken-Betwa Link Project consists of 03 main segments.

10 (1) Ken Command area in Ken basin. (2) Command area in route link canal area in Chattarpur, Tikamgarh, Mahoba and Jhansi Districts. (3) Upper Betwa command area. This project Phase-I envisages following main components: (a) An earthen cum concrete dam at Dauddhan on Ken river (b) Upper Betwa project on upstream Parichcha weir 8. Compensatory Afforestation: To be raise in ha in 20 Forest Divisions in 239 plots. The average size of each plot is of 50 ha. 9. Whether proposal involves violation of Forest (Conservation Act?: No. 10. Whether the proposal involves rehabilitation of displaced people?: Yes nos of household consisting of the population of 8339 are to be rehabilitated and resettled. SC families: 271 ST families: Reclamation Plan: details and Financial Allocation: NA. 12. Details of catchment and command area under the project. Catchment area treatment plan to prevent siltation of reservoir. CAT plan is applicable. The total CCA ha. The Catchment area is ha. 13. Benefit cost ratio: 1.56:1 14. Recommendation of Nodal Officer and the State Government: The Nodal Officer and State Government have recommended the proposal. 15. Utility of Project: The project is useful for the purpose of irrigation and generation of power. Incidental to it employment will be generated in the sector of fisheries and tourism. 16. Whether the land being diverted has any socio-cultural value: The area is part of Panna Tiger Reserve Core and Buffer.

11 Whether any sacred grove or very old growth of trees or forests exist in the area proposed for Diversion? The area is part of Panna Tiger Reserve Core and Buffer. Whether the land under diversion forms part of any unique eco-system? The area is part of Panna Tiger Reserve Core and Buffer. 17. Situation with respect to any P.A. The area is part of Panna Tiger Reserve Core and Buffer. 18. Details of comments on alternate routes/alignments for locating the projects. Since dams are constructed at the sites only after the detailed study of site, rocks and submerged areas, the proposed sites of the dams are adequate as these are being proposed after looking all possibility. This has been given in Annexure-II of the Project report. Further DFOs have not spoken against this site. Hence the proposed site is adequate. 19. Any other information related to the project: Methodology: While going through the documents it was seen that proposed area is huge area involving 6017 ha of forest land spread over three divisions namely Panna Tiger Reserve, Chattarpur Forest Division and Tikamgarh Forest Division in following ranges. Chandra nagar, Hinota, Kisan garh, Bijawar, Chattarpur and Jatara. Seeing the vast size of area proposed for the diversion it was considered suitable to cover as much area as possible in all the three divisions. Inspection: The inspection was carried out by me in presence of officers and staff of Chattarpur, Tikamgarh Forest Divisions and Panna Tiger Reserve along with the Engineers and staff of National Water Development Agency. On first day inspection was carried out on the right bank of the river Ken and compartments No. 484, 500, 483, 494, 1276, 1278 were seen. On 04/11/2016, inspection was done on the left bank of the river Ken and besides the Dam site, compartments no. 544, 478, 524, 538, 509, 519, 518 were seen. And from distance the submerged parts of compartments of Chattarpur Territorial Division were also seen on the other side of tributary river Barna. On 05/11/2016 proposed diverted areas of Chattarpur and Tikamgarh Forest Division were seen. Compartments no. 627, 613 of Chattarpur Forest Division and 295 and 299 of Tikamgarh Forest

12 Division were seen. During the inspection Spotted deer, Sambhar, Chinkara, Neelgai, Cobra, Vulture, Wild boar, Langur were seen. Observations: The very presence of the proposed area in Panna Tiger Reserve in Core and Buffer area makes it ecologically sensitive and fragile area. So it is clearly an issue more important from Wildlife point of view. And accordingly, Standing Committee of National Board for Wildlife has taken a decision to recommend the case. (Minutes enclosed0. During the inspection rich wild life was seen. Issue of Environmental clearance is also of much importance. The submergence area lies mainly along the sides of rivers and such submergence is unavoidable if Dam has to come up. The forest ranges from open to dense with density cover of 0.2 to 0.7. Tree species of Tectona grandis, Terminalia, arjuna, Diospyros melanoxylon, Madhuca indica, Accacia catechu, Terminalia arjuna, Emblica officinalis, Dalbergia latifolia, Anogeissus pendula, Pterocarpus marsupium, Adina cordifolia, Schleichera oleosa etc. were seen. More than 15 lakh trees are enumerated below FRL-4. The tree counting has been done on sample plot basis hence the actual number will vary. Trees are mostly of lower girth to middle girth class. The area involved is valley area where at places Ken flows through small gorges and the topography is undulating consisting of flat topped Platues. The submerged area is along the banks which on upstream left bank is steep dotted with dense forests. On right bank where area is flat is at places of grassland type where there were located villages earlier before shifting. The forest is at places of mostly pure stand Accacia catechu, Anogeissus pendula and Tectona grandis. Not only the areas along the bank of Ken will be submerged, it is the areas along the banks of river Shyamari and Barna which are also to be inundated. Ecologically very sensitive forest area of core of Panna Tiger Reserve is involved in this project and ordinarily such areas do not find favour for diversion but the special objective of this project to provide water to draught hit and economically background area of BUNDELKHAND may weigh in favour of such diversion. As intimated by the JD, PTR the core of PTR is 576 Sq. Km and Buffer area is of 1021 Sq. Km. The area proposed for diversion is Sq. Km which is about 10% of core area. Two important issues will happen from wildlife point of view. One that Vulture sites along the river will be largely wiped out and because of the reservoir fragmentation of habitat of both the banks will take place which as of now is connected at places where water is shallow. The forest area proposed for diversion of Canal in Chattarpur and Tikamgarh Divisions are mostly degraded and are suitable for diversion. The loss to the Reserve in terms of area and quality and loss to the forests has to be compensated by adding additional area in Reserve and raising of quality mixed plantation of indigenous species in CA areas. During the discussion the Joint Director PTR said that there is substantial degraded area of 7000 in PTR and that area should be given preference over others for raising CA. Non forest area and hamlets area also getting submerged in reservoir. 20. Recommendation of Regional APCCF along with the detailed reasons: 1. Since the Standing Committee on National Board for Wildlife has recommended the project with certain conditions, the proposal is recommended for diversion despite large forest area and numbers of trees involved in the project considering the larger public

13 interest involved with the project by the way of providing water to draught hit and economically backward areas of BUNDELKHAND region. 2. The loss to the Reserve in terms of area and quality and has to be made good by adding additional area in Panna Tiger Reserve as recommended by NTCA. 3. The loss to the forests has to be compensated by raising of quality plantation of indigenous species in CA areas. As per the discussion of CCF(C) with the Joint Director, Panna Tiger Reserve at the time of site inspection the CA may be raised in PTR instead of in other forests areas in patches. Degraded forest for CA is available with the Tiger Reserve. 4. Adequate rehabilitation of oustees must be ensured before there dislocation of population. 5. Since it is major irrigation project, Environmental clearance would also be required. In view of above, the file is submitted for consideration if we may place the fact of the above proposal as detailed in above note before FAC in its forthcoming meeting scheduled to be held on 09 th -10 th November, ****