2. Location i) State Andaman & Nicobar Islands

Transcription

1 F /2010-FC Sub: De-reservation of ha of forest land for regularization of forest land ballottement in 9 villages in favour of M/s Revenue Department of A&N Administration in Baratang Forest Division in Port Blair district of Andaman & Nicobar Island. 1. The State Government of Arunachal Pradesh vide its letter no. CF/FCA/102/Vol.II/253 dated has submitted the above mentioned proposal seeking prior approval of the Central Government in accordance with Section-3 of the Forest (Conservation) Act, A brief background of the proposal, as contained in the Site Inspetion Report of the Regional Office, Bhubaneswar is given as under: i. As stated by Principal Secretary, Environment & Forests, Andaman & Nicobar Islands, pursuant to the instruction of Deputy Secretary to the Government of India, Ministry of Relief and Rehabilitation 200 displaced families were settled under Colonization Scheme with the assurance to provide 10 acres (4.05 ha) of land free of cost to each family by providing 2.02 ha of paddy land and 2.02 ha of hilly land in different area in Baratang Island. Ten revenue villages were constituted for settlement of the displaced families. The settlement areas were surveyed and land records were finalized in All together 1440 ha of revenue land available in Bartang island was utilized by way of allotment to settlers, Government Departments, community land. Incidentally, 1440 ha of revenue land also included ha, which was under Teak and Paduk plantations raised by the Forest Department. At that time, only paddy ha was allotted to the families. ii. In order to fulfill the decision of the Ministry, hilly ha was allotted during 1973 adjacent to the paddy land of the respective allottees, so that they could develop the hilly land properly. As there was dearth of revenue land, the Revenue Department allotted hilly land outside the boundary of the notified village which falls in Reserve Forest. iii. As per the legal status of the land of Bartang Island, out of the total geographical area of sq.km, sq.km was notified as Reserved Forest by tification dated after excluding sq.km as revenue land. As the survey and settlement work was not completed at the time of issue of above tification, it was later on found out that overlapping of the revenue/forest area had taken place and an area of ha which was included within the revenue land had actually been covered with Padauk and Teak plantations raised by the Department of Environment and Forests since The Divisional Forest Officer, Baratang and Assistant Commissioner, Forest Settlement, after joint inspection in March, 1995 further reported that an area of ha which was part of the tified Reserved Forests as per the tification of 1963 is actually part of revenue villages constituted during settlement and the same area has been allotted by the Revenue Department to the settlers in course of allotment of hilly land. In addition, ha is reported to be under pre-1978 encroachments in the various villages. Thus, ha of Reserved Forest has been involved partly in the form of allotments made by the Revenue Departments to the settlers and partly in the form pre-1978 encroachments. iv. In order to address the problem and to find a permanent solution, A & N Administration decided during 1996 to conduct a detailed joint survey in all the ten villages of Bartang island to ascertain the extent of allotments outside the boundary

2 of revenue villages, forest land under the occupation of Government Departments for various purposes and community land used for road, path, graveyard, grazing grounds etc. However, forest land under encroachment was not included in the survey as per report of joint survey. The extent of forest land under occupation is reported as under: a) Land allotted to settlers/private parties : ha b) Land allotted to Govt. Departments : 9.41 ha c) Land under public utility : ha Total : ha v. The DFO, Baratang has inspected the area and has recommended for de-reservation vi. of ha in 9 villages except 29.9 ha at Khattakhari village. The Chief Conservator of Forests, TC has also inspected the site and recommended the de-reservation as proposed by DFO (BT) excluding an area of 1.33 ha in survey.115 of Bijoygarh village and 1 ha in survey.a-5 of Udayagarh village. Thus the final forest area recommended for de-reservation works out ha. 3. The facts related to proposal as contained in the State Government s letter dated are given as under: FACT SHEET 1. Name of the Proposal De-reservation of ha of forest land for regularization of forest land ballottement in 9 villages in favour of M/s Revenue Department of A&N Administration in Baratang Forest Division in Port Blair district of Andaman & Nicobar Island. 2. Location i) State Andaman & Nicobar Islands ii) District 3. Particulars of Forests a) Name of Forest Division Baratang b) Forest area involved rth & Middle Andaman c) Legal Status/Sy. Reserve Forest d) Map Village wise black and white thematic maps showing area have been submitted on A4 paper. SOI topsheet not enclosed. DGPS map not enclsed. 4. Topography of the area (i) (ii) Geology Vulnerability to erosion - The purposed diversion area is having moderate slope and vulnerability to the erosion is minimum. In certain areas where allotment has been proposed in CRZ limits or near mangroves vegetation, re-alignment has been effected. 5. Vegetation i. Tree/Herbs/Shrubs Padauk, Teak, Pyinma, Taungpinne, Nabbe,

3 composition ii.. of trees which will be affected iii. Density 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 archeological/ 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/). 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 Neem, Papita, Didu, Thipok, Tejpatti, Gurjan, Badam, Taungpinne, Red Bombwe, J/Sagawan, Lakuch, Thinkala, Jhingam, Ambra, Jaiphal, Bakri Patti, Letkok, Chilka, Khattaphal, Makchund, Kendu, Teak, Korkot, Chilka, Kala Lakri, White Dhup, Burma Philli, Kaju, etc. Total Trees Below 60 cm of Girth 3336 trees Above 60 cm of Girth trees. t mentioned. Areas in all 9 villages are adjoining to Reserved Foress abutting the revenue villages. The proposed land in 9 villages included herein was taken over for allotment by Revenue deptt. of A & N Admn. During the year 1973 and after in pursuance of Govt. of India s directions contained in letter no. 31(2) RF/49 dated 07/04/49. (Annexure B of Part 1). Of the total area of ha included in the proposal in 10 villages, ha in 9 villages is recommended for de-reservation that includes ha pre 80 and ha post 80 allotments. The de-reservation proposal is basically to regularize the allotments of house sites, paddy and hilly land made by the Revenue Deptt. in 9

4 unavoidable and barest minimum for the project, if no recommended area item-wise with details of alternatives examined. villages of Baratang island to settlers located here under colonization schemes of the Govt. new project is contemplated in the areas now being recommended for de-reservation. 13. Compensatory Afforestation The user agency has taken the stand that an area of ha of revenue land is under utilization by Forest Deptt. in Baratang Island where plantations of Teak has been raised. Hence, the extent of area proposed for dereservation in the current proposed may be offset against the revenue land already in possession of Forest Deptt. (i) Details of non-forest NA area/degraded forest area identified for CA, its distance from adjoining forest, number of patches, sixe 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 (v) Certificate from the competent authority regarding suitability of the area identified for CA and from management point of view. 14. Site Inspection Report from the DCF NA NA NA NA 15. Catchment Area Treatment N.A. 16. Rehabilitation of Oustees a) of families involved b) Category of families c) Details of rehabilitation plan 17. Whether clearance under Environment (Protection) Act, 1986 is required? Enclosed. displacement 18. Cost Benefit Ratio NA 19. Employment generated

5 20. Total Cost of the Project cost is involved 21. Recommendation i. DFO ii. CF iii. PCCF iv. State Government 22. District Profile (i) Total Geographical area of District (ii) Total forest area of District / Divisional forest area (iii) Total area diverted since 1980 (iv) Total CA stipulated (iv) Total CA done since 1980 (as on - ) Recommendation of the DCF All have recommended the proposal. Yes Yes Yes Yes 37,771 ha 36,331 ha ha in 5 cases Forest land : 2.50 ha (including PCA) n-forest land : 3.00 ha Forest land : 2.50 ha n-forest land : 3.00 ha Total : 5.50 ha An area of the ha in 9 villages is recommended for de-reservation since the land in question has been used for settlement of families and establishment of Government institutions. The land is in their actual possession. The proposal in respect of Khattakari village for an area of ha has not been recommended at all. Remaining area of 5.03 ha falling in the Nilambur, Sundergargh, Nayagarh and Udaigarh villages is not recommended as it is located in CRZ limits and isolated locations of the plots so as to honey combing of forest and disputed status of land in question. The filed exercise involving the forest and revenue personnel for joint survey and demarcation of the entire area included in the proposal commenced on and was completed in the 2 nd week of March 2010 The State Government has recommended the proposal for de-reservation for completion of the settlement process which is pending for more than 30 years and to resolve the boundary dispute in the Islands. The State Government has further advocated that CA in the instant case may not be insisted upon as the Department of Environment and Forests is already in possession of ha of revenue land in the Island. SITE INSPECTION REPORT

6 1. Legal status of the forest land proposed for diversion Reserve Forest 2. Item-wise break-up details of the forest land proposed for diversion: As reported by the Principal Secretary, Andaman & Nicobar Islands on reassessment by the Revenue Department during , the extent of forest land required to be de-reserved to regularize the allotment/possession as explained above was found to be ha. The village wise abstract of requirement is as below: Sl. Name of the village Area allotted Area Forest land outside revenue occupied for proposed to be village public utility de-reserved by Private Govt. Dept. outside revenue revenue dept (in ha) village 1. Nilambur Kanchangarh Sundergarh Nayagarh Roglachang Rajatgarh Wraftars Creek Udaygarh Khattakhari Bijoygarh Total The DFO (BT) has inspected the area and has recommended for de-reservation of ha in 9 villages except 29.9 ha at Khattakhari village as indicated in the statement below: Sl.. Name of the village Forest land recommended for de-reserved by DFO (BT) (in ha) Category wise extent of allotment recommended (in ha) Private Govt. dept Forest land proposed to be dereserved by revenue Dept (in ha) Pre Post Pre-1980 Post Nilambur Kanchangarh Sundergarh Nayagarh Roglachang Rajatgarh Wraftars Creek Udaygarh Khattakhari Bijoygarh Total The Chief Conservator of Forests, TC has also inspected the site and recommended the de-reservation as proposed by DFO (BT) excluding an area of 1.33 ha in survey.115 of Bijoygarh village and 1 ha in survey.a-5 of Udayagarh village. Thus

7 3. the final forest area recommended for de-reservation works out ha. Whether proposal involves any construction of buildings (including residential) or not. If yes, details thereof: As stated in point no.2 above. 4. Total cost of the project at present rates: 5. Wildlife: Whether forest area proposed for diversion is important from wildlife point of view or not: 6. Vegetation: (a) Total number of trees to be felled Effect of removal of trees on the general ecosystem in the area: As there is a large number of trees to be felled, it will naturally adversely affect the ecosystem. (b) Important species: As reported by DFO, Baratang Forest Division species which are commonly noticed in the proposed area are Padauk, Teak, Pyinma, Taungpinne, Nabbe, Neem, Papita, Didu, Thipok, Tejpatti, Gurjan, Badam, Taungpinne, Red Bombwe, J/Sagawan, Lakuch, Thinkala, Jhingam, Ambra, Jaiphal, Bakri Patti, Letkok, Chilka, Khattaphal, Makchund, Kendu, Teak, Korkot, Chilka, Kala Lakri, White Dhup, Burma Philli, J/Kaju, etc. Number of trees of girth below 60 cm Number of trees of girth above 60 cm Compensatory afforestation: As stated by the DFO, Baratang in part II of the proposal regarding compensatory afforestation that the user agency has taken the stand that an area of ha of revenue land is under utilization by Forest Department in Baratang Island where plantations of Teak has been raised. Hence, the extent of area proposed for dereservation in the current proposal may be offset against the revenue land already in

8 possession of Forest Department. Ministry may take appropriate decision in this regard. (a) (b) Whether land for compensatory afforestation is suitable from plantation and management point of view or not: Whether land for compensatory afforestation is free from encroachment/other encumbrances: (c) Whether land for compensatory afforestation is important from Religious/Archaeological point of view: (d) (e) Land identified for raising compensatory afforestation is in how many patches, whether patches are compact or not: Map with details: (f) Total financial outlay: 8. Whether proposal involves violation of Forest (Conservation) Act, 1980 or not. If yes, a detailed report on violation including action taken against the concerned officials: As reported by DFO, Baratang Division, the proposed land in 9 villages included herein was taken over for allotment by Revenue Department of A & N Administration. During the year 1973 and after in pursuance of Government of India s directions contained in letter.31(2)rf/49 dated 07/04/49. Of the total area of ha included in the proposal in 10 villages, ha in 9 villages is recommended for dereservation that includes ha pre 80 and ha post 80 allotments. In view of the above, Ministry may take appropriate decision in this regard. 9. Whether proposal involves rehabilitation of displaced persons. If yes, whether rehabilitation plan has been prepared by the State Government or not : 10. Reclamation plan: Details and financial allocation:

9 11. Details on catchment and command area under the project: Catchment area treatment plan to prevent siltation of reservoir: 13. Cost benefit ratio: 14. Recommendations of the Principal Chief Conservator of Forests/State Government: Yes. 15. Recommendations of Addl. Principal Chief Conservator of Forests (Central) along with detailed reasons: Appended separately. 16. Conservator of Forests shall give detailed comments on whether there are any alternative routes/alignment for locating the project on the non-forest land: 17. Utility of the project: The Principal Secretary (Environment & Forests), Andaman & Nicobar Islands, Port Blair had recommended the proposal for de-reservation of ha of forest land in Baratang island to complete the settlement process, which is pending for more than 30 years and to resolve the boundary dispute in the Island. Numbers of Scheduled Caste/Scheduled Tribes to be benefited by the project: 18.(a) Whether land being diverted has any socio-cultural/ religious value: (b) Whether any sacred grove or very old growth trees/forests exist in the areas proposed for diversion: (c) Whether the land under diversion forms part of any unique eco-system: 19. Situation with respect to any Protected Area: 20. Any other information relating to the project:

10 Plantation in vacant areas: During site inspection, it was observed that there are vacant areas in the proposed diversion sites of different villages which should be used for plantation purposes. Demarcation of boundary : The boundary of the proposed site for diversion is demarcated by wooden pegs. The user agency has been advised to replace the same with concrete pillars with DGPS readings. In view of the above facts related to the proposal, if approved, the proposal may be placed before the FAC in its forthcoming meeting. ****