Maharashtra Raigad /Thane. 3. Particulars of Forests: Name of Forest Division and Forest area involved.

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1 Sub: File No. 8-89/2013-FC Diversion of ha of forest land for six laning of Mumbai Trans Harbour Link Road in Raigad & Thane district in the State of Maharashtra. 1. The State Government of Maharashtra vide their letter No. FLD-1313/CR-206/F-10 dated has submitted a fresh proposal regarding diversion of ha of forest land for six laning of Mumbai Trans Harbour Link Road in Raigad & Thane district in the State of Maharashtra. 2. Proposal involves construction of Mumbai Trans Barbour Link: Sewri to Nhavva and up to Chirle village on mainland in Mumbai Metropolitan Region through Public Private Partnership on Design Build, Finance and Operate and Transfer (DBFOT) basis. 3. As per the information provided in the Part-I of Form A regarding justification for locating the project in the forest area, it has been mentioned that the proposed road alignment involves ha of mangrove area and ha forest land as RoW. The ha of forest land totally comprised of hard rocks and old abandoned quarries. There is no vegetation on this portion. MMRDA has explored all the possibilities to avoid this land but alternative creates technical difficulties and also rehabilitation of Gaothan area. There is absolutely no possibility to avoid forest area. The land necessary for casting yard is also available in the proposed alignment. Tha Gavan village has ribbon development along existing Gavan-Chirle road and shifting of alignment will amount to shifting of Goathan having more than 400 households. The alignment proposed at present is technically most suitable. 4. The State Government has mentioned that the area involved does not form part of any existing National park, Wildlife sanctuary and the nature reserve etc. However, DCF, Alibagh has certified that current proposal falls within 10 Km of the boundary of the Karnala Bird Sanctuary. 5. Compensatory afforestation has been proposed over equivalent non-forest land. CA scheme of 10 years duration with financial outlay of Rs. 1,32,35,446/- (Pg 73-83/c) has been submitted by the State Government. 6. The area proposed for diversion falls within 10 km of the boundary of the Protected Area. FACT SHEET 1. Name of the Proposal Diversion of ha of forest land for six laning of Mumbai Trans Harbour Link Road in Raigad & Thane district in the State of Maharashtra. 2. Location State District 3. Particulars of Forests: Name of Forest Division and Forest area involved. Legal status/sy.no. Maharashtra Raigad /Thane Forest Division Area(ha) Alibag Thane Total = ha Map Protected & Mangrove Forests Land 4. Topography of the area - 5. Geology Vulnerability to erosion 6. (i) Vegetation SOI - Pg-104/c, DGPS /c, Forest map 132/c. - The proposed area is not vulnerable to erosion. Mangrove trees (ii) Density (iii) No. of trees to be felled Alibag<0.1 Thane 0.4 to 0.7 Alibag Nil Thane Below 60 girth 480 Above 60 girth 9 Total Mangrove species 489 trees of

2 7. Whether area is significant from wildlife point of view 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 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. 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 Details of non-forest area/degraded forest area identified for CA, its distance from adjoining forest, number of patches, sixe of each patches. Map showing non-forest/degraded forest area identified for CA and adjoining forest boundaries. Detailed CA scheme including species to be planted, implementing agency, time schedule, cost structure, etc. Total financial outlay for CA Certificate from the competent authority regarding suitability of the area identified for CA and from management point of view. 16. Catchment Area Treatment 17. Rehabilitation of Oustees No of families involved Category of families Details of rehabilitation plan No 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. Alibag Approx. distance from boundary of forest is 8.3 km Thane Within Protected Forest Area 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 Nil Nil Nil 18. Cost Benefit Ratio 19. Total Cost of the Project Rs. 9,630 Crores (Approx.) 20. Recommendation i. DFO ii. CCF iii. Nodal Officer Yes Yes Yes

3 iv SG 21 District Profile (i) Total Geographical area of the district (ii) Total Forest area/divisional Forest area (iii) Total area diverted (iv) since 1980 (v) Total CA stipulated since 1980 (Forest land) Yes Alibag 11, Km 2 Thane 9,553 Km 2 Alibag 7,152 Km 2 Thane 4, Km 2 Alibag ha Thane ha Alibag Forest land ha Non Forest Land ha Thane Forest Land ha Non Forest Land ha 7. Preliminary scrutiny of the above proposal in the Ministry revealed following shortcomings: (i) Entries in the Column no. 4 and 10 of Part-II of the Form A in respect of Alibag and Thane Forest Division, respectively have not been filled properly. (ii) Details of alternative alignments explored by the project proponents has not been submitted. (iii) Coloured map showing area identified for CA, preferably on SOI toposheet as well as DGPS map, indicating the boundary of the area proposed for compensatory afforestation along with geo-graphic coordinates has not been submitted. (iv) Forest cover map showing details of vegetation in the area proposed for diversion. (v) Digital map (Differential GPS) showing Geo-referenced boundary in shape file of the forest land proposed for diversion duly authenticated by the competent authority in the State Government. (vi) Report on settlements of rights under the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 may be submitted in accordance with the MoEF s Guidelines dated read with Guidelines dated and (vii) As the area proposed for diversion falls within the 10 Km distance from the Karnala Bird Sanctuary, the State Government may seek the approval of the Standing Committee of National Board for Wildlife. 1. The PCCF, State Government of Maharashtra vide their letter dated submitted the information on the shortcomings as given under: S. No. Shortcomings Compliance Entries in the Column no. 4 and 10 of Part-II of the Form A in respect of Alibag and Thane Forest Division, respectively have not been filled properly. The State Government has informed that at the time of submission of the proposal, User Agency has submitted the Compensatory Afforestation Scheme and Suitability Certificate of the alternative non-forest land for Compensatory Afforestation as part of the proposal. However, the State Government did not mentioned anything why entries corresponding to the CA detail have been shown as NA in the Part-II of Form A. Details of alternative alignments explored by the project proponents has not been submitted. The compensatory afforestation has been proposed over equivalent non-forest land in lieu of forest land proposed for diversion. The State Government has informed that as per the user agency, an Expert Committee was constituted by the PMO office in 1983 for study and recommendation of the alignment for proposed MTHL sea link. The Committee submitted their recommendation to the PMO office in 1984 after studying various alternative alignments. Accordingly, PMO office has approved the alignment for MTHL vide letter dated 25 th January The alignment is adopted in the present proposal for the project

4 Coloured map showing area identified for CA, preferably on SOI toposheet as well as DGPS map, indicating the boundary of the area proposed for compensatory afforestation along with geo-graphic coordinates has not been submitted. Forest cover map showing details of vegetation in the area proposed for diversion. Digital map (Differential GPS) showing Geo-referenced boundary in shape file of the forest land proposed for diversion duly authenticated by the competent authority in the State Government. Report on settlements of rights under the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 may be submitted in accordance with the MoEF s Guidelines dated read with Guidelines dated and As the area proposed for diversion falls within the 10 Km distance from the Karnala Bird Sanctuary, the State Government may seek the approval of the Standing Committee of National Board for Wildlife. after updating the feasibility report at Pg-140/c. A copy of the report/recommendation made by the Expert Committee has also been submitted by the State Government. A copy of the same is available at Pg /c. However, report/recommendation of the Committee does not speak anything about the alternatives alignments explored for construction of Trans Harbour Link Road. The State Government has informed that the coloured maps showing the areas identified for proposed Compensatory Afforestation is already submitted as supplement to the proposal. A copy the same enclosed to ready reference (Pg- 151/c) The State Government has informed that the forest cover maps showing the details of existing vegetation in the area proposed for diversion have already been included in the proposal. A copy of the same is enclosed for ready reference (Pg 159/c). The State Government has informed that the geo digital map is already submitted in the proposal. However the fresh digital maps showing Geo reference boundary in shape is submitted Pg /c The State Government has informed that the certificate issued by the Collector, Raigad District regarding settlement of rights under Scheduled Tribe and other Traditional Forest Dwellers (Recognition of Forest Right Act, 2006) is already submitted in proposal. The project involves linear diversion of forest land and such the Resolutions of the Gramsabhas are not required as per Government of India guideline dated The State Government has informed that the user agency has not yet submitted the necessary approval from the National Board for Wildlife. 2. Chief Conservator of forests (Mangrove Cell), Mumbai has suggested the following while recommending the proposal for diversion of forest land: - (i) Many environmental activists have opposed the construction of MTHL on the ground that this would seriously disturb the Flamingo population of Mumbai, which is estimated to be anywhere in the range of fifteen to twenty thousand. There was a suggestion from some environmentalists, reflected in the media, that if the alignment of the MTHL could be shifted southwards by about half-a-kilometre, the disturbance caused to Flamingos could be minimized. It may not be practically feasible to incorporate this suggestion at this stage due to concerns of cost and time overruns to this crucial project. Nevertheless, it should be possible to ensure that sufficient safeguards are in place so as to cause least disturbance to the Flamingos of Sewri, both during construction and afterwards. Expert opinion may please be sought on such safeguards which are in tune with the best practices adopted in similar situations elsewhere in the world. (ii) To compensate at least partially for the disturbance to the Flamingos and other avifauna, consequent to the construction of MTHL, it is suggested that the section of Thane Creek between Vashi and Airoli bridges should be declared as a Wildlife Sanctuary. (iii) An alternative proposal could be to declare the entire stretch of mangroves on both banks of the creek between Vasi and Airoli bridges, along with a strip of water body extending up to 100 meters from the low tide mark on either side as the Sanctuary, leaving the middle portion of the Creek free for fishing and passage of vessels. A stretch of land extending up to 50 meters from the landward boundary of the mangroves can be declared as eco-sensitive zone for the Sanctuary. MMRDA may be asked to meet at least a major part of the initial capital cost of establishing it.

5 3. The Principle Chief Conservator of Forest, Maharashtra State, Nagpur has recommended the proposal subject to the general and standard conditions applicable to the road projects and following specific conditions: i. As part of the project lies within 10 Km from the boundary of Karnala Sanctuary, the necessary permission in respect of Writ Petition no. 1277/2000 shall be obtained from the Hon ble High Court, Nagpur Bench, in case tree felling is involved within 10 Km from the boundary of the sanctuary. Permission from the High Court, Bombay shall also be obtained with respectg to mangrove cutting. ii. As part of the project area falls within 10 Km from the boundary of Karnala Bird Sanctuary (Raigad Dist.) the project proponent will seek prior clearance from the State Board for Wildlife and the Standing Committee of National Board for Wildlife. The User Agency shall bear the cost of implementation of any mitigation or conservation plan, which may be suggested by State Board for Wildlife or the Standing Committee of National Board for Wildlife. iii. The User Agency shall provide lighting in consultation with the Bombay Natural History. iv. Noise containment barriers shall be provided both sides of the bridge in mudflat area (CRZ- IA) so as to minimize the likely impact to the migratory birds as committed. v. There shall be no dredging and reclamation for the project. vi. The user Agency will obtain prior approval under CRZ Notification, 2011 and all the recommendation of the MCZMA shall be strictly abided. vii. The State Government may consider declaring the section of Thane Creek between Vashi and Airoli bridges as a wildlife sanctuary. 4. This related to diversion of above mentioned proposal which was considered by the FAC in its meeting held on 22 nd to 23 rd September, 2014 and the Committee, after detailed deliberations, recommended that State Government may be requested to furnish following information: i. The comments of the State Chief Wild Life Warden on the demand of Environmentalists for change in alignment of road to protect the Flamingo population in the area. ii. iii. iv. Details of the Writ Petition no. 1277/2000 the Hon ble High Court, Nagpur Bench regarding tree and Mangrove cutting and latest status of the case. Clarification from the user agency about no mention of exploration of the alternative alignments in the report of Expert Committee constituted by the PMO, as informed by the State Government vide their letter dated 11 /06/2014. The committee also recommended that Nodal Officer of the State Government and Chief Wild life Warden may be requested to attend the next FAC meeting along with above information and clarify the matter. The user agency shall ensure that they attend the next meeting to present their case before FAC. 5. The above recommendation of the FAC were communicated to the Government of Maharashtra, vide this Ministry s letter of even number dated (Pg 194/c). The Government of Maharashtra vide their letter no. No. FLD-1313/C.R. 206/F-10 dated , placed along with its annexure at pg 242-/c, the summary of information submitted by the Government of Maharashtra is given as under: Sr. No. 1 Shortcoming The comments of the State Chief Wild Life Warden on the demand of environmentalist for change in alignment of road to protect the Flamingo population in the area. Status It is reported that the Chief Wildlife Warden, M. S. Nagpur was requested to offer his comments vide letter dated 10/11/2014. He has offered his comments on 9/12/2014 as under- Many environmental activists have opposed the construction of MTHL on the ground that the project would seriously disturb the Flamingo population of Mumbai which is estimated to be in the range of fifteen to twenty thousand. There was a suggestion from some environmentalists and BNHS who proposed alignment of the MTHL to be shifted southwards by about meters so as to minimize disturbance to the visiting Flamingos. The project proponent was accordingly requested to comply with above suggestion. However, the project proponent has disagreed to this suggestion at this stage due to concerns of cost and time overruns to this crucial project cleared by the Prime Minister

6 2. Details of the Writ petition no 1277/2000 the Hon ble High Court, Nagpur Bench regarding tree and Mangrove cutting and latest status of the case. Office long back. Instead, the project proponent has suggested various safeguards which are in tune with the international practices in order to cause least disturbance to the congregation of Flamingos at Shewri both during construction and afterwards. Shewri mud flats and surrounding mangroves harbor greater and lesser Flamingos, few more species of waders and water birds. BNHS and Bird Life International have identified this area as an Important Bird Area (IBA) along with both shores of the adjoining Thane Creeck. Considering its importance as wetland supporting significant water bird fauna, the proposal for SewariMahulRamsar site of Flamingos which is adjacent to proposed road project was submitted to the State Government. The matter was discussed by State Wildlife Board in its 7 th and 8 th meetings held in the year 2013 and In its 7 th meeting, the State Wildlife Board has given decision to keep this proposal in abeyance but in its next 8 th meeting, the State Wildlife Board gave its approval to develop this area as place of tourist attraction. In order to resolve the issue of shift in alignment of the road, the matter was discussed in High Power Committee meeting held in Mantralaya on 28/4/2014 under the chairmanship of Chief Secretary. This committee accepted that shift of alignment was not feasible and it noted the mitigation measures proposed by MMRDA. In view of the non-feasible of the shifting of alignment, the committee was informed by the Principal Secretary (Forests) to propose a strip on the northward site of the road alignment to be declared as Flamingo Sanctuary. Accordingly, action points of the said meeting are being complied with. In the light of the facts stated above, the Chief Wildlife Warden conveyed his no objection to the project proposal for wildlife clearance without proposing any alignment shift and recommended the project (Pg /c). Also, the PCCF (WL) M.S Nagpur has requested Addl. Commissioner, MMRDA, Mumbai vide letter dated 28/11/2014 to submit proposal for remarks of Chief Wildlife Warden as per Government of India directives issued vide letter dated 28/8/2014 for environment clearance in prescribed format and submit the information through APCCF (WL) Mumbai within 7 days to PCCF (WL) Nagpur. Further comments from MMRDA are awaited (Pg /c). As per the Hon ble Mumbai High Court, Nagpur Bench orders dated 27/4/2005 and 7/6/2006 in Writ Petition No. 1277/2000, permission of Hon ble High Court is necessary for taking up projects and activities in forest areas within 10 Km from protected areas. The writ petition is since transferred to National Green Tribunal, Pune. The forest area proposed for diversion for this project is within 10 Km from the boundary of Karnala Wildlife Sanctuary. The user agency is required to take permission from Hon ble National Green Tribunal before diversion of forest area. Accordingly, this condition may be stipulated in the in-principle approval. Permission from Hon ble Bombay High Court is necessary for cutting of mangroves as per Hon ble Mumbai High Court in order dated 27/1/2010 in PIL 87 of Mangrove area is included in the forest area user agency is required to take permission from Hon ble High Court for Mangrove cutting before diversion of the forest area. Accordingly this condition

7 3. Clarification from the user agency about no mention of exploration of the alternative alignments in the report of Expert Committee constituted by the PMO, as informed by the State Government vide their letter dated 11/6/2014. may be stipulated in the in-principle approval (Pg /c). The User Agency has intimated vide letter dated 10/11/2014 that the consultants were appointed to carry out feasibility studies for the project alignment. An Expert Committee headed by the Director General of shipping and including representatives of the Air Force, Navy, Bhabha Atomic Research Centre (BARC), Central Water and Power Research Station (CWPRS), ONGC, Mumbai Port Trust and State PWD was also constituted by the Prime Minister s Office (PMO) in 1983 to study and finalized the alignment like the BARC, Mumbai Port Trust Pir Pau Jetty, Tata Power station, JNPT, under sea bed pipelines & cables as well as the Elephanta island, geology requirement of various stake holders etc. Alternative alignments were studied by the Expert Committee and on the basis of its recommendations, the PMO vide letter dated 25/01/1984 conveyed that the Steering group appointed by the Government of Maharashtra could proceed on this basis. As such, the alignment in sea could not be changed. While maintaining the same alignment form the Landing point on the main land side and keeping in view the interchanges at various locations along the alignment to integrate with other important road corridors, the Consultants have finalized the alignment on the mainland side. Moreover, there is presence of mangroves in wider stretches of the alignment. As such, any other alternative alignment avoiding or minimizing forest land is not possible. The proposed alignment is finalized so as to affect minimum forest land. Certificate to this effect is also issued by the forest department. The report of the Expert Committee constituted by the PMO and copy of PMO letter dated 25 th Jan 1984 including Expert Committee report enclosed for ready reference (Pg 278/c). 13. Along with the above information proposal was again considered by the FAC in its meeting held on and the Committee, after detailed deliberations, recommended that State Government may be requested to furnish following information: i. Report to be prepared by BNHS/Wildlife Institute of India (WII), Dehradun regarding impact of this project on the existing mangroves as well as the Flamingo population. The Cost of preparation of such report and all measures recommended in such report should be borne by the Project Proponent. ii. The Compliance of Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 as per the MoEF s advisory should be submitted to the ministry. iii. The committee also recommended that the State Government should intimate the status of declaration of Flamingo sanctuary as decided in the High power committee. iv. Plan of project proponent to safeguard and to cause least disturbance to flamingo congregation at Sewri both during construction and after. 14. The above recommendation of the FAC were communicated to the Government of Maharashtra, vide this Ministry s letter of even number dated 07 th May, 2015 (Pg 323/c). The user agency vide their letter no. No. MMRDA/MTHL/Forest clearance/fac/compliance to MoM/15 dated , placed along with its annexure at pg /c, the summary of information submitted by the Government of Maharashtra is given as under: Sl. No. Remarks Compliance 1. Report to be prepared by BNHS had earlier asked MMRDA to shift BNHS/Wildlife Institute of the proposed alignment by about 500 m to India(WII), Dehradun regarding impact of this project on the existing mangroves as well as the Flamingo population. The Cost of preparation of such report and all measures recommended in such report should be borne by the Project Proponent. 700 m on the south side to avoid any impact on Flamingoes. The infeasibility of the shift of alignment owing to various site constraints has been conveyed to the Forest dept. As such, on discussion with BNHS, the user agency had already submitted to the Forest dept. mitigation measures to ameliorate the

8 2. The Compliance of Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 as per the MoEF s advisory should be submitted to the ministry. 3. The committee also recommended that the State Government should intimate the status of declaration of Flamingo sanctuary as decided in the High power committee. 4. Plan of project proponent to safeguard and to cause least disturbance to flamingo congregation at Sewri both during construction and after. impact on the mud flats and the migratory birds. Moreover, MMRDA undertakes to implement any other measures as may be suggested by the Forest deptt. Hence, report from BNHS may not be insisted. FRA certificate has been issued by the Collector, Raigad on certifying that there are no claims under Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forests Rights) Act, 2006 in the area proposed for diversion after completing the due process of settlement of rights under the said Act. Moreover, there are no tribal livings in these villages. Reports of the Gram Panchayat were obtained by the Collector on all the relevant points. The District Collector has stated that all the due process has been followed and his report may be considered complete. The forest department of the Government of Maharashtra has taken a note of the point and is examining the feasibility of the proposal. The mitigation measures to ameliorate the impact on the mud flats migratory birds are already submitted to the Forest Department (copy enclosed - Ps /c). 15. Along with the above information, proposal was again considered by the FAC in its meeting held on and the Committee, after detailed deliberations, recommended that comments of the Government on the reply of MMRDA may be sought before putting issues to the Forest Advisory Committee. 16. The State Government has submitted required information as submitted by the User Agency vide their letter dated (ps /c). However, the letter of Executive Engineer (MTHL) & Project Authority given details on two points as below:- Sr. No. Points raised by APCCF Compliance 1. Verify from competent authority whether the Environmental clearance is required to the project. 2. Detailed note explaining about inability to change the alignment of MTHL. Please find enclosed copy of the affidavit submitted by Dy. Director, MoEF to Hon. National Green Tribunal, Western Zone, Pune, for the Appeal No. 4/13 related to MTHL project as annexure-1 (ps /c). The contents of Para no. (9) areself explanatory. MMRDA has already submitted to AIG Forests (FC), New Delhi about the constraints in making any change in the MTHL alignment vide Para (2) of letter dated Copy of letter is enclosed as annexure-2 for ready reference (ps /c). 17. However, in the last FAC, the State Government was requested to give comments on the details submitted by the user agency vide their letter dated (ps /c). It was marked to the Principal Secretary (Forests) and the Addl. PCCF, Maharashtra. 18. The Government of Maharashtra, vide their letter no. FLD-1313/CR.206/F-10 dated , placed along with its annexure at page /c, submitted the requisite information as given under: S. Shortcoming No. 1. Report to be prepared by BNHS/Wildlife Institute of India (WII), Dehradun regarding Compliance The User Agency vide their letter dated 21/4/2015 has submitted the infeasibility of the Shift of alignment owing to various site

9 impact of this project on the existing mangroves as well as the Flamingo population. The Cost of preparation of such report and all measures recommended in such report should be borne by the Project Proponent. 2. The Compliance of Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 as per the MoEF s advisory should be submitted to the Ministry. constraints has been conveyed to the Forest Department. As such, on discussion with BNHS, we have already submitted to the Forest dept. mitigation measures to ameliorate the impact on the mud flats and the migratory birds. Moreover. MMRDA undertakes to implement any other measures as may be suggested by the Forest dept. Hence, report from BNHS may not be insisted. The proposal was discussed in the 9 th meeting of State Board for Wildlife under the Chairmanship of Hon ble Chief Minister of Maharashtra in its meeting dated The representative of BHNS raised objection regarding alignment of the project & requested to change the alignment for conservation of flamingo Population. The Forest Department submitted that as this alignment of the project has been proposed in 1984 in meeting of Hon ble Prime Minister, Government of India and all the alternative alignments were considered to minimize loss to environment, wildlife and the cost of project. This alignment being most suitable for this project was finalized in the meeting. The Chairman of SBWL observed that development of Mumbai as well as conservation of flamingoes both are priority of Government. Hence the proposed alignment is most suitable for this project. The Chief Wildlife Warden suggested in this meeting that the User Agency shall provide 2% additional cost for conservation and protection of mangroves, by undertaking mitigative measures after conducting due studies by BNHS with the help of experts & the User Agency shall comply with the this measures. The State Board for Wildlife has recommended the proposal for onwards submission subject to these terms and conditions proposed by Chief Wildlife Warden. Hence, it is requested that the State3 Government may ask MMRDA to take action regarding conducting study through BNHS and other experts for mitigation measures as directed by State Board for Wildlife in its meeting dated 22/6/2015. Attention is also invited to MMRDA letter dated 18/6/2015 (copy enclosed) Annex-I It is informed that mitigation measures are also proposed to be undertaken as stipulated in CRZ clearance. The total forest land involved in this project consist of lands coming under 4 villages namely Gavan, Jasai, Chirle and Sewri in Raigad and Thane districts. The User Agency ahs already submitted compliance of F.R.A with certificate of Collector Raigad dated 10/11/2014 for 3 villages i.e. Gavan, Jasai and Chirle in Raigad district (Copy enclosed) Annex-II. According to Government of India, Ministry of Tribal Affairs guideline dated 12/04/2013 and 5/03/2015 (Copy enclosed) Annex-III. FRA certificate is required to be obtained even for forest area falling in urban areas. The user agency is requested to obtain certificate of Collector, Thane regarding F.R.A for

10 3. The committee also recommended that the State Government should intimate the Status of declaration of Flamingo sanctuary as decided in the High Power Committee. 4. Plan of project proponent to safeguard and to cause least disturbance to flamingo congregation at Sewri both during construction and after. village Sewri. However, the User Agency may be permitted to produce FRA-2006 Certificate for Sewri after in-principle approval but before grant of working permission/formal approval. PCCF (WL) MS, Nagpur has submitted proposal for erection of sanctuary over sq. km. in Thane creck area of Thane district for approval of State Board for Wildlife vide letter dated 2/3/2015. After that PCCF (WL) MS, Nagpur letter dated 07/03/2015 (copy enclosed) Annex-IV has submitted the draft notification & area indicating map to GOM and also requested for approval of State Board for Wildlife. The proposal was discussed in the 9 th meeting of State Board for Wildlife in its meeting dated and approval has been granted to this proposal(copy enclosed) Annex-V. Final notification for declaration of sanctuary will be issued shortly. User Agency has on 21/04/2015 submitted the note on mitigation measure to ameliorate the impact on the mud flats and migratory birds. (copy enclosed) Annex-VI. 19. The State Government of Maharashtra has concurred the above information and in view of the foregoing submissions, the State Government has requested the Government of India to kindly consider the above information and issue approval under section 2 of the Forest (Conservation) Act 1980, as early as possible. 20. The issue was considered by the Forest Advisory Committee in its meeting held on wherein after discussion, the Committee recommended to obtain following information/documents from the State Government of Maharashtra:- i. As per recommendations of State Board for Wildlife in its meeting dated 22/6/2015 the State Government may submit the report of the study conducted through BNHS and other experts for proposing the mitigation measures ii. Compliance to Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 as per the MoEF&CC and ministry of Tribal guidelines 21. The proposal was again considered by the Forest Advisory Committee in its last meeting held on After detailed deliberations in FAC meeting held on , the FAC recommended that on perusal of the report of BNHS as well reply of MMRDA the FAC referred back the proposal to the State Government to take the views of State Board of Wildlife which had initially engaged BNHS to conduct the study. The matter will be referred to the FAC on receipt of the recommendations of the SBWL on the report of BNHS. The minutes of Forest Advisory Committee Meeting held on is placed below at F/X. 22. The Government of Maharashtra vide their letter no. FLD-1313/CR.206/F-10 dated (page /c) informed that The State Board of Wildlife (SBWL) has considered the BNHS report in its meeting held on 4/12/2015. The minutes of the SBWL meeting are given (Pg /c). Considering the overall discussion regarding BHNHS report, the SBWL has taken following decision : I. The original alignment as proposed by MMRDA is approved. II. All the wildlife Mitigation Measures as proposed by BNHS in their report dated 23/09/2015 are approved for original alignment of MTHL with following modification:- a. Constructions of jetty on both the ends passing through mudflats and mangroves must not exceed 30 months and construction of the actual span must not exceed more than further 12 months.

11 b. The distance between the supporting pillars shall remain 50 meter as currently proposed by MMRDA. c. MMRDA will partly bear the cost of setting of effluent treatment plant in the region as suggested by BNHS. Since the reply has been received from the Govt. of Maharashtra as stated in para 22 above.accordingly, the proposal for diversion of ha of forest land for six laning of Mumbai Trans Harbour Link Road- in Raigad & Thane district in the State of Maharashtra may again be submitted to the FAC in its forthcomings meeting scheduled to be held on for further examination of the proposal and appropriate recommendations. (Rajesh Kumar) Technical Officer (FC) AIGF(SS)

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13 23. After examination of the complete details of the proposal, the FAC observed that this proposal was considered by the FAC in its meetings held on 22 nd to 23 rd September, 2014; , ; and the issue was also considered by the Forest Advisory Committee in its meeting held on wherein after discussion, the Committee recommended to obtain following information/documents from the State Government of Maharashtra:- i. As per recommendations of State Board for Wildlife in its meeting dated 22/6/2015 the State Government may submit the report of the study conducted through BNHS and other experts for proposing the mitigation measures ii. Compliance to Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 as per the MoEF&CC and Ministry of Tribal guidelines 21. FAC also noted that the Nodal Officer iii. FAC also noted that the Nodal Officer, Maharashtra Government was not present to clarify issues despite prior intimation. 22. As requested by FAC, the nodal officer, FCA, Government of Maharashtra was present during the meeting of FAC on The report of the BNHS submitted by the user agency was perused by the FAC. It was noted that the report of BNHS has categorically rejected the present alignment as it could be detrimental to the habitat of flamingos. BNHS had suggested shifting the alignment south of the proposed alignment in order to avoid high density habitat of flamingos. BNHS has also suggested certain mitigation measures which shall be applicable, only if the proposed/new alignment is agreed to by MMRDA. 23. MMRDA in its revised compliance report dated has mentioned that the alignment proposed by BNHS is not agreeable to them as Mumbai Port trust which owns the land at Sewri Point has rejected the alignment mentioning that the proposed alignment would run diagonally along the Sewri Timber pond bifurcating it affecting the functioning of the Kerosene Wharf. The user agency has also noted that the certificate in the approved format wrt the compliance of FRA, 2006 has been provided. Further they have also informed that the area North of MTHL has been declared as a flamingo bird sanctuary by the state Government. However, the state Government is yet to provide a compliance report from its side. 24. After detailed deliberations in FAC meeting held on , the FAC recommended that on perusal of the report of BNHS as well reply of MMRDA the FAC referred back the proposal to the State Government to take the views of State Board of Wildlife which had initially engaged BNHS to conduct the study. The matter will be referred to the FAC on receipt of the recommendations of the SBWL on the report of BNHS. 25. The Government of Maharashtra vide their letter no. FLD-1313/CR.206/F-10 dated (page c), submitted the following : (i) It is reported that the report prepared by BNHS regarding impact of this project on the existing mangrove as well as flamingo population. One of the suggestions from

14 (ii) BNHS is to modify the bridge alignment at Sewri Point so that it shall pass along the existing Kerosene Jetty so as to avoid the present alignment passing through Sewri mud-flats. As the land is owned by MbPT, MMRD referred the matter to MbPT for their concurrence vide letter dated MbPT has communicated vide their letter dated that the suggested realignment would run diagonally and would divide the Sewri Timber Pond STP affecting the functioning of Kerosene Wharf which is presently being used for barge operations and STP usage for the future development will be drastically affected. Thus, changes in the alignment suggested by BNHS are not acceptable to MbPT. Hence, MMRDA re-emphasized that the present alignment in-principally agreed by MbPT may be continued. The State Board for Wildlife proposed appointment of BNHS for suggesting mitigation measures for the proposed alignment of MTHL. However, BNHS went beyond its scope a suggested realignment along with mitigation measures. Therefore, the State Government is not agreed for realignment of MTHL suggested by BNHS as realignment would amount to change the nature of the project and the project will not be able to be carried out at all. All other mitigation measures proposed by BNHS are agreed to in toto and will be carried out efficiently and effective. (iii) The matter was also discussed in the State Board for Wild Life (SBWI,) meeting held on in Mumbai. As per decision made in the State Board for Wild Life meeting, MMRDA had requested BHNS for proposing mitigation measures required beside the measures already proposed by MMRDA.In response, BNHS has submitted their report to MMRDA vide their letter dt. 23/9/2015 (P /c). One of the suggestions from BNHS is to modify the bridge alignment at Sewri Point so that it shall pass along the existing Kerosene Jetty so as to avoid the present alignment passing through Sewri mud-flats. As the land is owned by MbPT, MMRDA referred the matter to MbPT for their concurrence. MbPT has communicated vide their letter dated that the suggested realignment would run diagonally and would divide the Sewri Timber Pond STP affecting the functioning of Kerosene Wharf which is presently being used for barge operations and STP usage for the future development will be drastically affected. Thus, the alignment suggested by BNHS is not acceptable to MbPT. Hence the inprincipally agreed by MbPT may be continued. Considering other proposals of BNHS, mitigation measures as proposed by MMRDA are given in Annexure-5 (P /c. would suffice. (iv) BNHS while suggesting these mitigation measures has also suggested declaration of Mahul Sewri Mudflat area and wetland area of Southern Navi Mumbai as Mahul-Sewri Flamingo Sanctuary in addition to Thane creek Flamingo Sanctuary. (v) MMRDA Remarks on mitigation measures suggested by BNHS a. Revised alignment suggested by Bombay Natural History Society (BNIIS) would run diagonally and would divide the STP which would adversely affect the functioning of Kerosene wharf which is presently being used for barge operations and STP usage for the future development will be drastically affected. Alignment suggested by BNHS is not suitable to MBPT and hence present alignment in-principally agreed to by MBPT may be continued. b. There is vast difference between the mitigation measures as suggested BNHS and to be implemented by MMRDA. Hence, decision regarding finalization of mitigation measures as suggested by BNHS may be taken at Government level. c. For project alignment passing through Gavan, Jasai & Chide villages on Navi Mumbai side, a fresh certificate has been issued by the Collector, Raigad on for non-violation of provisions of the Forest Right Act, 2006 in accordance with the MoEF s guideline. d. The project alignment starts at Sewri on Mumbai side, which is in the Urban/ Municipal limits of Mumbai City. As per the amendent issued by MoEF dated 5,3.2015, the certification from statutory bodies for non-violation of provisions of the Forest right Act 2006 for the areas in Urban/ Municipal limit area made necessary.pursuant to this. MMRDA has submitted a proposal for obtaining FRA certificate from the Collector, Mumbai City on The Collector Mumbai City has communicated vide letter dated that ; as the proposal need to be

15 scrutinized by Constituting committees at various levels, their office will need along time for issuing the required FRA certificate. In this regard, PCCF Nagpur has already recommended vide letter dated for allowing "inprinciple" approval and the FRA Certificate have to be submitted before grant of working permission/ formal approval. 26. The Committee also recommended that the State Government should intimate the status of declaration of Flamingo sanctuary as decided in the High Power Committee.Government of Maharashtra has declared "Thane Creek Flamingo Sanctuary" vide notification dated In view of the above, the proposal for diversion of ha of forest land for six laning of Mumbai Trans Harbour Link Road in Raigad & Thane district in the State of Maharashtra may again be submitted to the FAC in its forthcomings meeting scheduled to be held on for further examination of the proposal and appropriate recommendations. (Rajesh Kumar) Technical Officer (FC) AIGF(NS) on leave AIGF(EV) L.O.

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17 (v) Additional Principal Chief Conservator of Forests & Nodal Officer, Maharashtra Stat Nagpur has submitted the report prepared by BNHS regarding impact of this project on the existing mangrove as well as flamingo population. One of the suggestions from BNHS is to modify the bridge alignment at Sewn Point so that it shall pass along the existing Kerosene Jetty so as to avoid the present alignment passing through Sewri mud-flats. As the land is owned by MbPT, MMRD referred the matter to MbPT for their concurrence vide letter dated MbPT h as communicated vide their letter dated that the suggested realignment would n diagonally and would divide the Sewri Timber Pond STP affecting the functioning of Kerosene Wharf which is presently being used for barge operations and STP usage for the future development will be drastically affected. Thus, changes in the alignment suggested by BNHS are not acceptable to MbPT. Hence, MMRDA re-emphasized that the present alignment in-principally agreed by MbPT may be continued. (vi) The State Board for Wildlife proposed appointment of BNHS for suggesting mitigation measures for the proposed alignment of MTHL. However, BNHS went beyond its scope a suggested realignment along with mitigation measures. Therefore, the State Government is r agreed for realignment of MTHL suggested by BNHS as realignment would amount to change the nature of the project and the project will not be able to be carried out at all. All other mitigation measures proposed by BNHS are agreed to in toto and will be carried out efficiently and effective. The matter was also discussed in the State Board for Wild Life (SBWI,) meeting held on in Mumbai. As per decision made in the State Board for Wild Life meeting, MMRDA had requested BHNS for proposing mitigation measures required beside the measures already proposed by MMRDA. In response, BNHS has submitted their report to MMRDA vide their letter dt. 23/9/2015 (enclosed as Annexure-1). One of the suggestions from BNHS is to modify the bridge alignment at Sewri Point so that it shall pass along the existing Kerosene Jetty so as to avoid the present alignment passing through Sewri mud-flats. As the land is owned by MbPT, MMRDA referred the matter to MbPT for their concurrence vide letter dated MbPT has communicated vide their letter dated that the suggested realignment would run diagonally and would divide the Sewri Timber Pond STP affecting the functioning of Kerosene Wharf which is presently being used for barge operations and STP usage for the future development will be drastically affected. Thus, the alignment suggested by BNHS is not acceptable to MbPT. Hence the in-principally agreed by MbPT may be continued. In addition to above other constraints for change of alignment, one given in Annexure-2 (Copy enclosed). Considering other proposals of BNIJS, mitigation measures as proposed by MMRDA are given in Annexure-5 which would suffice. (Copy enclosed). Remarks of PCCF office:- BNHS Mitigation measures suggested by BNHS in their repprt The current alignment suggested by MMRDA is not acceptable to BNHS the entire mitigation plan is based on the premise that the new alternate route is accepted and will be implemented by MMRDA.

18 BNHS had suggested that the road link starts above 500 mtr. or further south of the existing starting point. a) The Starting point of the bridge be shifted at least to Sewri Jetty from the current alignment (i.e intr. from current start point). b) The bridge instead of arching northwards, curves southwards and runs alongwith southern edge of the Sewri Jetty to joint with the existing span south of Tata Power. Realignment at two levels as mentioned above are an absolute requirement and non-negotiable. As per BNHS mitigation plan, other important factors are- 1. The construction on both the ends which are passing through mudflats and mangroves must not exceed month maximum from the start date of the work to limit the disturbance period. 2. The distance between the supporting pillars is to be maximized (depending on the engineering considerations) from current 50m so as to reduce the number of pillars within first 4km and last 4km of the bridge which pass through mudflats and mangroves. 3. The bridge should be cable free, so as to not affect the free flight movements of flamingos and other waterbirds. 4. Debris in any form should not be dumped in the mudflats and mangroves of Sewfi, Thane Creek and Nhava and other parts of the Sewri bay under any circumstances. A debris disposal plan should be developed in which the debris disposal site must be clearly demarcated. 5. The transport of the construction materials to be facilitated from Semi jetty to avoid further disturbance to the mudflat. This actually could be easily achieved by realigning the start point at Sewri jetty in itself as recommended earlier. 6. A clear plan for constructions to be provided before the work begins. 7. As far as possible the span should be prefabricated at sites which are away from the ecologically sensitive zones and brought in by barges. 8. Utmost care should be taken to ensure that mangroves and mudflats on either side of the bridge are not disturbed. 9. BNHS while suggesting these mitigation measures has also suggested declaration of Mahul Sewri Mudflat area and wetland area of Southern Navi Mumbai as Mahul-Sewri Flamingo Sanctuary in addition to Thane creek Flamingo Sanctuary. MMRDA Remarks on mitigation measures suggested by BNHS Revised alignment suggested by Bombay Natural History Society (BNIIS) would run diagonally and would divide the STP which would adversely affect the functioning of Kerosene wharf which is presently being used for barge operations and STP usage for the future development will be drastically affected. Alignment suggested by BNHS is not suitable to MBPT and hence present alignment in-principally agreed to by MBPT may be continued. There is vast difference between the mitigation measures as suggested BNHS and to be implemented by MMRDA. Hence, decision regarding finalization of mitigation measures as suggested by BNHS may be taken at Government level. For project alignment passing through Gavan, Jasai & Chide villages on Navi Mumbai side, a fresh certificate has been issued by the Collector, Raigad on for non-violation of provisions of the Forest Right Act, 2006 in accordance with the MoEF s new guideline dated 3,8.2C/09 read with Guideline dated and , The same has already been submitted to 10 (FC), Forests vide this office letter dated (Copy enclosed as Annexure-3). Mumbai Side: