AGENDA FOR THE MEETING OF FOREST ADVISORY COMMITTEE SCHEDULED TO BE HELD ON 30 th AUGUST, 2018

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1 AGENDA FOR THE MEETING OF FOREST ADVISORY COMMITTEE SCHEDULED TO BE HELD ON 30 th AUGUST, 2018 Sandeep Sharma, AIGF (FC) S. No. File No. Name of the proposal State Area (ha.) Category Page No /2018-FC Gangaramchak & Gangaramchak-Bhadulia Coal Mine ( open cast ) West Bengal Mining /2015-FC /2010-FC /2013-FC /2016-FC /2018-FC Proposal for according permission or use of 0.64 ha of forest land within total forest land of 249 ha located inside Rabipur reserved forest land in Talcher forest Range of Angul forest division for under exploratory drilling of 16 no. of ha each in forest area of Chandrabila Coal block of Angul district, Odisha. Diversion of ha of forest land in village Prasabera, Kedla, Duni and Barughuttu in West Bokaro Colliery, in favour of M/s Tata Steel Ltd. Ramgarh forest division, district Hazaribagh, Jharkhand. Diversion of ha. ( ha+3.33ha of safety zone) of forest land for Tubed Coal Block in favour of Tubed Coal Mines Limited in Latehar district in the state of Jharkhandpending since Proposal for prior approval under section 2 (iii) of forest (conservation) act, 1980 for ha forest land for Limestone Mining at village Naokari-Kusumbi, distt. Chandrapur in favour of M/s Manikgarh Cement Ltd. Diversion of ha of forest land for Construction of Markatola Tank in favour of Water resource department, Rajnandgaon under forest (conservation) act, 1980 in Rajnandgaon district in the State of Chhattisgarh. Orissa 0.64 Mining 9 Jharkhand Mining 13 Jharkhand Mining 25 Maharashtra Mining 27 Chhattisgarh Mining /2018-FC Clarification sought by govt. of Jharkhand for Violation of fca 1980 in Kathautia Coal Block in Jharkhand. Nil NIL Policy issue /2007-FC (PT.) Modification in MOEF&CC guidelines dated for Stipulating the Norms for Survey and investigation (Prospecting of Ores) on forest land.-npv issue. Nil NIL Policy issue /2016- CAMPA Discussion on the report of sh. Tejinder singh Committee for Imposition of various conditions while issuing Stage-I Clearance under FCA, Nil NIL Policy issue 40 Shri Shrawan Kumar Verma, DIG (FC) S. No /2016-FC File No. Name of the proposal State Area (ha.) Category Diversion of ha of reserved forest land for the development of Special Economic zone and Industrial Park at Village - Siracha, Navinal, Dhrub, Mundra, Baroi, Gorasama, Luni, Bhadreshwar, Ta. Mundra, dist. Kutch in favour of Adnai Group, Mundra Port and Special Economic Zone Ltd., Ahmedabad. Page No. Gujarat Others /2018-FC Diversion of ha. of forest land for Construction of Kaith Medium Irrigation Project in favour of Water Resources Department, Sagar district Madhya Pradesh State. Madhya Pradesh Irrigation P a g e

2 /2018-FC Diversion of ha. of forest land Closed under section 4 & 5 of plpa 1900 in favour of head-administration, translational health science and technology institute, NCR biotech science. Haryana Others /2018-FC Proposal for diversion of ha of forest land for in favour of water resource department for construction of Judi Medium Irrigation project under the Chhattarpur and Damoh district in the state govt. of madhya pradesh. Madhya Pradesh Irrigation /2018-FC Proposal for diversion of ha of forest land in favour of water resources department, Khandwa for construction of Bham (Rajgarh) Medium Lift Irrigation project, in khandwa district in state of Madhya Pradesh. Madhya Pradesh Irrigation /2018-FC Proposal for diversion of ha of forest land for Tawa underground Coal Mining project in favour of M/s Manager, WCL, Pathakheda Region in Betul district, Madhya Pradesh. Madhya Pradesh Mining MPA006/2007- FCD Diversion of ha of forest land for Coal Mining in Amelia Coal block by THDC India Limited in Singrauli district of Madhya Pradesh. Madhya Pradesh Mining /2009-FC VOL. Industrial area Mandideep. Madhya Pradesh Others /2018-FC Diversion of ha of forest land in Bellampally RF of Bellampally forest division in Mancherial district for grant of mining lease for Kalyani Khani No. 6 incline (underground mining) in favour of M/s. Singareni Collieries Company Limited, Madamrri area, Mancherial district. Telangana Mining /1985-FC PT I 2 nd renewal of Tandur mining lease for a reduced area of 4902 ha of forest land out of existing lease area of ha in Bellampally forest division of Adilabad circle in favour of M/s. SCCL. Telangana 4902 Mining 142 Additonal agenda Sandeep Sharma, AIGF (FC) S. No /2018-FC File No. Name of the proposal State Area (ha.) Category Representation for issue of permission under Section 2(iii) of Forest Conservation Act, 1980 in favour of OSCOM Mines of M/s Indian Rare Earths Limited at Matikhola, Ganjam to facilitate execution of lease deed over an area of ha, containing ha of DLC forestland. Page No. Odisha Mining P a g e

3 Sub.: Sandeep Sharma, AIGF (FC) Agenda No. 1 File No. 8-45/ 2018-FC Diversion of ha of forest land in favour of WB Power Development Corporation Ltd. for establishment of Gangaramchak-Bhadulia Block Open Cast Coal Mines under Birbhum forest Division, West Bengal. 1. The State Government of West Bengal vide their letter No For/O/L/10T-05/2018 dated submitted the above mentioned proposal to obtain prior approval of Central Government, in accordance with Section-2 of the Forest (Conservation) Act, It is imperative to mention here that the State Government of West Bengal vide their letter No For/10T-27/10 dated 8th October, 2012 submitted the proposal for diversion of ha of forest land in favour of M/s Bengal Emta Coal Mines Ltd. Under Birbhum Forest Division, West Bengal seeking prior approval of the Central Government under Section-2 of the Forest (Conservation) Act, 1980, which was dealt in file bearing no. 8-85/2012- FC (linked below) and the said proposal was considered by the FAC in its meeting held on 20th & 21th October, 2014 and the committee after detail discussion the Committee recommended for closer of the case in view of the Hon ble Supreme Court s order. This coal block was reallocated to M/s West Bengal Power Development Corporation Ltd by Ministry of Coal. File was processed in the Ministry and after approved of the then Minister, the State Govt. informed vide this Ministry s letter dated (Pg-193/c) that in the extant case Stage-I approval under the Forest (Conservation) Act, 1980 has not been accorded by the Ministry so far. In such cases, the MoEF&CC has issued Guidelines dated and take appropriate action in the matter in accordance with the procedure stipulated in the Guidelines dated Details indicated in the proposal submitted by the Government of WEST BENGAL vide letter dated are as below: FACT SHEET 1. Name of the Proposal Diversion of ha of forest land in favour of WB Power Development Corporation Ltd. for establishment of Gangaramchak-Bhadulia Block Open Cast Coal Mines under Birbhum forest Division, West Bengal. 2. Location: State West Bengal District Birbhum 3. Detail of user agency Name of the user agency Nature of user agency 4. Particular of Forests Name of Forest Division Area of Forest land for Diversion Legal Status of Forest land Density of Vegetation The West Bengal Power Development Corporation Ltd. Company Birbhum Ha. Protected Forest (7.06 ha) & Unclassed Forest (94.71 ha) 0.7, Eco class-3 5. Maps i. Differential GPS map of the area proposed for diversion ii. Differential GPS map of the area identified for raising CA iii. Survey of India toposheet on 1:50,000 scale showing the area proposed for diversion iv. Survey of India toposheet on 1:50,000 scale showing the area identified for CA Provided ( pg-26/c) Provided ( pg-53/c) Provided ( pg-27/c) Provided ( pg-54/c) 3 P a g e

4 v. Land use plan Provided ( pg-136/c) vi. Forest Cover map Vegetation i. Species-wise and diameter class wise enumeration of trees. ii. Density 0.7 S/No. Scientific Name Local Name Diameter 1 Shorea Robusta Sal 0-30 Cm 2 Terminalia Bellarica Bahera 0-30 Cm 3 Madhuca Indica Mahua 0-30 Cm 4 Diasporus Melanxylon Kendu 0-30 Cm 5 Semecarpus Anacardium Bhela 0-30 Cm 6 Syzigium Jambous Jamun 0-30 Cm 7 Terminalia Chebula Haritaki 0-30 Cm 8 Butea Monosperma Plasash 0-30 Cm iii. Number of trees - 7. Vulnerability of area to soil erosion Area is undulating in nature. No big trees exist in the area. Around 7 ha is devoid of any vegetation. Soil is lateritic. Thus, all these factor make area vulnerable to erosion. 8. Approximate distance of proposed site for 0 Km. diversion from boundary of forest 9. Whether forms part of National Park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant Corridor etc. (if so, the details of the area the comments of the Chief Wildlife Warden to be annexed) No 10. Whether any rare/ endangered/ unique No species of flora and fauna found in the area if so, details thereof. 11. Whether any protected archaeological/ No heritage site/ defence establishment or any other important monument is located in the area. If so, the details thereof with NOC from competent authority, if required. 12. Whether the requirement of forest land as Yes proposed by the User Agency in col.2 of Part-I is unavoidable and bare minimum for the project. If no, recommended area itemwise with details of alternatives examined. 13. Whether any work in violation of the Act No 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 under progress. 14. Total period for which the forest land is 11 years proposed to be diverted 15. Details of Compensatory Afforestation Scheme: i. Details of non-forest area/ degraded forest area identified for compensatory Afforestation, its Patch wise details for CA is given in part-ii as below: CA Land: District- Jalpaiguri, West Bengal, Mouza- Purbototagaon, Plot No. 1,2,18,19,20,21,22,23,63 4 P a g e

5 distance from adjoining forest, number of patches, size of each patch. ii. Map showing non-forest/ degraded forest area identified for compensatory Afforestation and adjoining forest boundaries. iii. Detailed compensatory Afforestation scheme including species to be planted, implementing Agency, time schedule, cost structure etc. iv. Total financial outlay for compensatory Afforestation scheme. v. Certificate from competent authority regarding suitability of area identified for compensatory Afforestation and from management point of view. To be signed by the concerned Deputy Conservatory of Forests. Area Ha. Provided in two Patches : Patch A Ha. & Patch - B Ha.= Ha. Cost structure of the CA scheme for advance work creation and 10 years maintenance may kindly be seen at pg /c Rs.3,26,65810/- With regard to suitability certificate the DFO, Baikunthapur Forest Division vide its letter dated (pg. 193/c) informed that the report submitted by the concern committee clearly endorses suitability for CA accordingly, a separate suitability report is not required. 16. Documentary evidence in support of settlement of rights in accordance with the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 on the forest land proposed to be diverted enclosed. 17. Site Inspection Report of the Divisional Forest Officer in compliance to the conditions stipulated in the col. 7 (xi, xii) 8 and 9 previous approval. 18. Whether the project requires environment clearance The joint survey report of a committee (pg. 194/c) as referred by DFO Baikunthapur states that the area is the riverine area of Teesta River and is conducive only for species like Khair on the northern part. The western side is only suitable for grass land. The access to site is difficult due to many tributaries and supervision is difficult. The regeneration cost will be high. FRA certificate given, but not in prescribed format and moreover in favour of previous user agency. 19. Catchment Area Treatment Plan Not applicable- There is no catchment area Yes. 20. Rehabilitation of Oustee Project does not involve rehabilitation of displaced person. Number of SC Families Number of ST families Not Applicable Number of Backward Families Copies of R&R Plan Not Applicable 21. Cost Benefit Analysis Cost benefit Rate 1: Total Cost of the project Rs Lakh 23. Employment Potential Direct employment-270 person, Indirect employeed 200 Persons. 24. Undertakings to bear the cost of CA and Yes. NPV 25. Profile of the District / Department / Division. Geographical Area of the Dist ha Total Forest Area ha 5 P a g e

6 Total area diverted since 1980 Area ha Number of case 6 Progress of compensatory afforestation as on Forest land Non-forest land Total 26. Recommendation with Specific conditions, (if any) DFO CCF PCCF/ Nodal Officer (FCA) State Govt. 0 ha ha ha Forest area applied for diversion is degraded area with no trees. Area applied for diversion does not form part of habitat of any endangered wildlife. Considering the economic benefit to the nation it may be recommended (Pg-14/c). The proposed land for diversion of ha has suffered great degradation because of illegal mining since long. In patches regenerated sal coppice, palas etc do existed but they have grown bushy in nature. Some patches are devoid of any vegetation and the land vulnerable to erosion. Consiering the reason the proposal is recommended (Pg /c) with following suggestions to adhere to. 1. Road side (at least one chain) new sal, coppice may not be disturbed. 2. OB dumb may not later be brought under afforestation (after stabilisation). 3. Proper demarcation (permanent nature) should be made. Yes (Pg-3/c) Yes (Pg-3/c) 4. Site Inspection Report of the Regional Office: The Site Inspection Report (SIR) for this proposal was carried out by Sh. R.K Samal, CF, Regional Office, Bhubaneshwar. The SIR is placed in file at (Pg /c) is reproduced below: i. Legal status of forest land proposed for diversion: Legal Status Forest land in Ha Protected forest 7.06 Unclassed forest Total ii. Item-wise break-up details of the forest land proposed for diversion. Mining ha [As per Revenue Records and Mine Plan]. iii. Whether the proposal involves any construction of building (including residential) or not? : As per the discussion with the user agency there will be no construction of building including residential. iv. Total cost of Project at present: As per the project proposal the total cost of the project is Rs. 14,867 lakhs. v. Wildlife: Whether the forest area proposed for important from Wildlife point of view or not: No, as reported, wild pig, hyena, hare are found. vi. Vegetation: The area is undulating in nature, no big tree exists in the area. As reported by DFO, Birbhum around 7.00 ha area is devoid of any vegetation. Top soil is sandy loam. Species like Sal Syhorea robusta, Bahera terminalia bellarica, Mahua, Kendu, Bhela, Jamun, Haritaki, Palash are found in the area. Sal is the important dominant species. (i) Total number of trees to be felled.: There are no trees to be felled. Existing vegetation is Sal coppice saplings along with saplings of other associated species, shrubs, climbers, Lantana camara and Eupatorium weeds and grasses of different species. Effect of removal on the general ecosystem in the area:-the removal of the vegetation will lead to exposure of the soil and soil erosion. (ii) Important species: Species like Sal Syhorea robusta, Bahera terminalia bellarica, Mahua, Kendu, Bhela, Jamun, Haritaki, Palash are found in the area. Number of trees of girth below 60cm. : Nil Number of trees of girth above 60 cm. : Nil 6 P a g e

7 vii. Background of the proposal: the Central Govt., Ministry of Coal & Mines vide the Gazette Notification S. O 823 dated 16 th July, 2004(Pg.156/c) approved the end use of coal from the Gangaramchak-Bhadulia coal mine on the request of West Bengal Government for generation of power subject to the condition that the West Bengal Govt. through its undertaking viz., Wes Bengal Power Development Corporation and Durgapur Project Ltd. DPL holds at least 26% of voting equity share of Bengal Emta coal Mines ltd. Accordingly, Ministry of Coal approved the mining plan of the joint venture of Bengal Emta coal Mines Ltd. Vide Ministry of Coal No /5/2005-CA-I dated 27 th June, 2005 (Pg.157/c). The total area of the project was ha which consisted of the following: S. N. Class of land Land affect due to Total (Ha.) Mining (Ha.) OB, 1. Forest Infrastructure -& other ( Ha.) Agricultural Danga(Fallow land) Road & Water bodies Total viii. Out of the total area of ha., ha. belonging to private owners, which was proposed by the Joint Venture for OB dump and infrastructure facility. Out of the balance ha, ha. was forest land and balance area was non forest land within the mining lease to be used for mining purposes. As per this approval M/s BECML was to sign the lease agreement with Govt. of West Bengal for this mining lease. As per the information available (from the new mine closure plan approved by Ministry of Coal in March, 2017 the mining lease deed was signed by M/s BECML on 6 th Dec only for ha. area (private land within the said mining lease of 150 ha.) and they have continued mining until the cancellation of allocation by Hon'ble Supreme Court of India in its order dated 24 th September, The said joint venture with the name M/s BECML did not get the stage-i approval for the proposed forest land of ha. of forest land coming within the mining lease and it was in the processing stage when Hon'ble Supreme court cancelled the allocation of 204 coal mines. In view of this, MoEF vide letter No.8-85/2012-FC dated 21' s Nov., 2014 cancelled the processing of the proposal earlier applied by the said company and Ministry asked WBPDCL vide letter No.8-85/2012-FC dated 16 th July, 2015 for following the guidelines dated , i.e. filing of diversion application afresh for the ha of forest land and therefore, WBPDCL has now applied for diversion of ha of forest land for non forest use (opencast coal mine). The Mouza wise/plot wise details of forest land given in Annexure-5 (Pg.181/c) The guideline dated of MoEF&CC is enclosed as Annexure- 7(Pg.187/c). However, it has already got the lease deed executed for the non forest land of ha. with the State Govt. as a separate lease deed dated ((Pg /c). Compensatory Afforestation: ha of non-forest land identified in Village Purbatotagaon in district Jalpiguri district for compensatory afforestation. (a) Whether land for compensatory afforestation is suitable from plantation and management point of view or not: Yes. The DFO, Baikunthapur Forest Division has given suitability Certificate as per the joint survey report of a committee formed by Order of CCF, North Bengal. The area is the riverine area of Teesta River and is conducive only for species like Khair on the northern part. The western side is only suitable for grass land. The access to site is difficult due to many tributaries and supervision is difficult. The regeneration cost will be high. (b) Whether land for compensatory afforestation is free from encroachment/other encumbrances: There exist some signs of encroachment. The Committee formed by CCF, North Bengal for finding compensatory afforestation land has pointed out this. They have pointed out that Forest Department will tackle this. From DSS analysis it has been confirmed that there are 2-3 new houses and agriculture fields in the northern and eastern side of the proposed CA land. (c) Whether land for compensatory afforestation is important from Religious/Archaeological point of view: not reported. (d) Land identified for raising compensatory afforestation is in how many patches, whether patches are compact or not :. Two patches ( ha nd ha ). The patches are compact. 7 P a g e

8 (e) (f) Map with details: Enclosed in the diversion proposal along with DGPS survey and shape/kml file. Total financial outlay: Rs. 3,26,65,810/- Estimate for CA is enclosed(pg /c). ix. 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: No violation has been reported by the State Govt. As per the reports available the previous user agency i.e. Bengal Emta Coal Mines ltd. carried out the mining in the non-forest land by executing a part lease deed was not made available by the user agency. x. Whether proposal involves rehabilitation of displaced persons. If yes, whether rehabilitation plan has been prepared by the State Government or not.: No,the project proposal does not involve any rehabilitation of displaced persons. xi. Reclamation Plan: the new user agency has obtained a mine closure plan including the reclamation plan dated march, 2017 which is valid up to May, A copy of plan is enclosed (Pg.165/c). i. Details and financial allocation. Rs Crores xii. Details on catchment and command area under the project : NA xiii. Cost benefit ratio: As per the information given regarding benefits of the project and cost involved considering the forests to be open forests with Eco class-iii, the cost benefit ratio will be 1:43. xiv. Recommendations of the Principal Conservator of Forests/State Government : Yes Recommended.. xv. Addl. Principal Chief Conservator of Forests along with detail reasons: The said mining proposal is for diversion of ha of forest land in favour of West Bengal Power Development Corporation Ltd., for establishment of Gangaratnchak-Bhadulia Block open cast coal mines under Birbhum Forest Division, West Bengal. Considering the facts submitted in DP, site inspection report by CF (Central) and other details, the major issues of this proposal, that may need to be brought to the notice for consideration by the FAC and the Ministry, are the following: - This proposal was earlier submitted by the joint venture of West Bengal Power Development Corporation Ltd. (WBPDCL), Durgapur Power Ltd. (DPL) and Bengal Emta Pvt. Ltd. with the name of the joint venture as Bengal Emta Coal Mines Ltd. for diversion of ha of forest land. The said proposal was then discussed in the FAC meetings held on 20th and 21st October, In the said meeting the committee complying to the order of Hon'ble Supreme Court vide Writ Petition No.120 of 2012 recommended for closure of the said diversion proposal. However, it is reported that the earlier user agency (Bengal Emta Coal Mines Ltd.) worked in the private land within the lease by signing a lease deed with the Government in 2007 for the private land and continued mining till the cancellation of the said coal block and the concerned DFO has endorsed no violation of FC Act. Subsequently the Coal Ministry reallocated the coal blocks (whose allocation has been cancelled) to the new user agencies and accordingly, the WBPDCL has been allocated this Gangaramchak-Bhadulia Block for open cast coal mining for which the proposal has been submitted. In the proposed land for diversion, the crown density of forest vegetation on the proposed land for diversion is very low and stated as , and grown up trees are also reported to be scanty. It is also stated to be not of much importance for wildlife point of view and is not part of any protected area. However, it is observed that part of a public road is within the proposed mine, which may need to be shifted/reconstructed or left out as such for public use inside the mine, may be considered by the Ministry prior to approval. In addition to that the portion of the road outside the proposed mining lease, may need widening and annual maintenance due to additional transportation of minerals, which the Ministry may like to consider for befitting stipulation of conditions safeguarding public interests and convenience. With the above observations and considering the prospects of employment and economic development in the area this proposal is recommended for consideration of the Ministry for granting approval under Section (ii) of forest (Conservation) Act, xvi. Conservator of Forests shall give detailed comments on whether there are any alternative routes/alignment for locating the project on the non -forest land: it is site specific and it cannot be shifted to any other forest or non- forest land. xvii. Utility of the project: The project will supply coal mainly to Bakreshwar power plant of WBPDCL which is at a distance of about Km and transportation will be carried out by trucks. This will open opportunity for direct employment and indirect employment of the local people. This project is locating in an interior area earlier affected by Maoist activities and will improve the local economy and economy of the State. Numbers of Scheduled Castes/Scheduled Tribes to be benefited by the project: 270 persons will get temporary employment. xviii. (a) Whether land being diverted has any socio-cultural/religious value. : No, not reported. 8 P a g e

9 (b) Whether any sacred grove or very old growth trees/forests exists in the area proposed for diversion. No, not reported. (c) Whether the land under diversion forms part of any unique ecosystem: No xix. Situation w.r.t any P.A : There is no protected area within km radius of the proposed site. xx. Any other information relating to the project.: The safety zone area has not yet been calculated. 7.5 metre safety zone has to be created all over the mine area. The Nuapada-Sadakabhanga_ village road need to be relocated on the boundary 'of the mine if the area below the road is to be used for mining purpose. The CA area identified is the flood plain of Teesta river where the proposed site may get inundated at times. The project will create environment for economic development of the area. As the transportation of coal will be done by road, the remaining part of Nuapada- Sadakbhanga road need to be widened to ease the traffic of the trucks. The facts related to the proposal may be placed before FAC for its consideration in its forthcoming meeting scheduled to be held on **** Agenda No. 2 F. No. 8-04/2015-FC Sub: Proposal for according permission for use of 0.64 ha of forest land within total forest land of 249 ha located inside Rabipur Reserved Forest land in Talcher Forest Range of Angul Forest Division for undertaking exploratory drilling of 16 no. of 0.04 ha each by M/s National Thermal Power Corporation Ltd. for prospecting of coal in forest areas of Chandrabila Coal Block of Angul district in Odisha. 1. The Government of Odisha vide their letter no. 10F(cons) -255/ /F&D dated 8 th January 2015 submitted the above subject proposal for seeking prior approval of the Central Government, in terms of the Section-2 of the Forest (Conservation) Act, 1980.The said proposal was placed before the Forest Advisory Committee (FAC) in its meeting held on 28 th January, Details indicated in the proposal submitted by the Government of Odisha are as below:- FACT SHEET 1. Location of the project or scheme Proposal for drilling of 16 holes in 249 ha forest land in Chandrabila, Talcher coal filed. 2. Location: State/ Union territory Odisha. District Angul. Forest Division Angul Forest Division. Area of forest land proposed to be utilized for 249 ha forest land prospecting 3. Legal status of Forest land identified for prospecting 16 holes in 249 ha forest land in Rabipur RF of Chandrabila, coal block in Talcher Forest Range 4. Details of vegetation available in the forest land proposed for diversion i Forest type North Indian Moist Deciduous Forest ii Average crown density of vegetation 0.41 iii Species wise local or scientific names and girth wise enumeration of trees required to be felled iv Working plan prescription for the forest land proposed to be utilized for prospecting 5. Brief note on topography and vulnerability of the forest land proposed to be utilized for prospection to erosion. In separate sheet (sheet has not been found to be a available in the proposal) Comes under Rehabilitation Working Circle of the Working Plan in force at present The area is vulnerable to erosion. The area comes under Rabipur RF (Chandrabila Coal Block) 9 P a g e

10 6. Approximate distance of the forest land proposed to be utilized for prospecting from boundary of forest land 7. Significance of the forest land proposed to be utilized for prospecting from wildlife point of view i ii iii iv v Details of wildlife present in and around the forest land proposed to be utilized for prospecting Whether forms part of National Park, Wildlife Sanctuary, Bio-sphere reserve, Tiger Reserve, Elephant corridor, corridor wildlife migration corridor, etc (if so, the details of the area and comments of the Chief Wildlife Warden to be annexed). Whether any National Park, Wildlife Sanctuary Bio-sphere reserve Tiger Reserve, Elephant corridor, wildlife migration corridor, etc is located within 10 KMs from boundary of the forest land proposed to be utilized for prospecting (if so, the details of the area and comments of the Chief Wildlife Warden to be annexexd). Whether any National Park, Wildlife Sanctuary, Bio-sphere reserve, Tiger Reserve, Elephant corridor wildlife migration corridor etc is located within 1 Kms from boundary of the forest land proposed to be utilized for prospecting (if so, the details of the area and comments of the Chief Wildlife Warden to be annexed) Whether any rare or endangered or unique species of flora and fauna found in the area, if so details thereof: 8. Whether any protected archaeological/ heritage site/ defence establishment or any other important monument is located in the area. If so, the details thereof with NOC from competent authority, if required. 9. Comment as to the reasonability of the extent of the forest land proposed to be utilized for prospecting. i ii Whether the requirement of forest land as proposed by the user agency in para- 6 & Para-7 of the Part-I is un-avoidable and bare minimum for the project If so recommended area of forest land which may be used for prospecting The proposed site is within Rabipur RF Sloth bear, Wild boar, Barking deer, Hares, Cuckoos, Myna, Kajalpati, Occasionally visited by wild Elephants during harvesting season. The proposed site is not a part of National Park, Wildlife Sanctuary, biosphere reserve, tiger reserve, elephant corridor, etc. But it is visited by wild elephant every year during harvesting season of paddy crop. The proposed site is situated within 10 Kms from the boundary of Kanhei Jena-Anantapur corridor which is approximately 4 kms away Rabipur RF itself is a migration corridor for wild elephants and other available wild life. No 10. Details of violation committed No i Whether any work in violation of the Act or Guidelines issued under the Act has been carried out (Yes/No) No ii If yes details of the violation including period of work done area of forest land involved in violation, name, address & designation of the person (s) responsible No found The land under question is a RF and is habitat of may wild animals and birds. Due to fragmentation they will suffer a lot. However drilling holes only may not have any adverse effect in wildlife Sites for bore hole have been demarcated in permanent gaps devoid of vegetation which may be bare minimum for drilling operation 16 holes over an area of 0.04 having 6 dia each distributed over 249 ha of Rabipur RF No 10 P a g e

11 for violation and action taken against the person (s) responsible for violation iii Whether work in violation is still in progress (Yes/No) 11. Details of Compensatory Afforestation scheme (i) Legal status of the land identified to raise Compensatory Afforestation (ii) Details such locations, survey or Compartment or Khasra number, area and distance from adjoining forest of each plot of non-forest area or degraded forest land identified for Compensatory Afforestation (iii) Survey of India TOPP Sheet (s) in original in 1:50, 000 Scale showing non-forest or degraded forest land identified for Compensatory Afforestation and adjoining forest boundary enclosed (Yes/No) (iv) Detailed Compensatory Afforestation scheme including species to be planted, implementing agency, time schedule, cost structure etc. enclosed (Yes/No) (v) Total financial out lay for Compensatory Afforestation scheme (vi) Certificates from the concerned Deputy Conservator of Forests regarding suitability of area identified for Compensatory Afforestation and from management point of view enclosed (Yes/No) 12. Site inspection report of the Deputy Conservator of Forests highlighting important facts pertaining to the import of proposed activities on flora and fauna enclosed (Yes/No) 13. Specific recommendation of the Deputy Conservator of Forests for acceptance or otherwise of the proposal with reasons. No Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable Attached with proposal The proposal for drilling operation may be accepted, but if the question of forest diversion comes, the same may not be accepted for RF and considering its importance from wildlife point of view. Recommended for acceptance of the proposal. 14 Recommendation of the Chief Conservator of Forests 15 Recommendation of the Principal Chief Recommended for according permission Conservator of Forests 16 Recommendation of the State Government Recommended for according permission 3. FAC in its meeting after examination of proposal and interaction with representatives of user agency observed as below: (i) (ii) (iii) (iv) Ministry of Coal, Government of India vide letter dated 1 st July 2013 allocated four coal blocks in Odisha and Chhattisgarh in favour of M/s NTPC Ltd, to meet requirement of coal for its Power Projects; Among the four blocks, Chandrabila and Kudanall-Luburi coal blocks with 550MT and 396MT reserves respectively are located in Odisha; The Chandrabila coal block is spread over 934 hectares in Kaniha tehsil of Angul district of Odisha comprising of 685 hectares of non-forest land and 249 hecatres of forest land; Prospecting has already been undertaken in the non-forest land of the block by the user agency in Phase- I with findings of proved category of coal reserve there. As such exploration/prospecting activities of coal 11 P a g e

12 is proposed to be undertaken in Phase-II over the 249 hectares of forest land falling in Rabipur Reserved Forest; (v) In the instant proposal, the user agency has proposed to drill 16 boreholes of 6" diameter within 249 hectares of forest land located inside Rabipur Reserved Forest, It has been reported by the State Government that the proposed drilling site is located in middle portion of the coal block and has not been explored earlier; (vi) (vii) Drilling of 16 boreholes will result in temporary change in land use is 0.64 hectares of forest land; Legal status of forest land proposed to be utilised for prospecting is Reserved Forest; (viii) (ix) (x) (xi) (xii) Forest land proposed to be utilised for prospecting contains North Indian Moist Deciduous Forest having crown density 0.41; Forest land proposed to be utilised for prospecting falls in Rehabilitation Working Circle of the Working Plan in force at present; Forest land proposed to be utilised for prospecting is vulnerable to erosion; Forest land proposed to be utilised for prospecting is not a part of National Park, Wildlife Sanctuary, biosphere reserve, tiger reserve, elephant corridor, etc. Sloth bear, Wild boar, Barking deer, Hares, Cuckoos, Myna, Kajalpati are reported to be present in and around the forest land proposed to be utilised for prospecting. During the harvesting season, the forest land proposed to be utilised for prospecting is occasionally visited by the wild elephants; Forest land proposed to be utilised for prospecting is located at approx. 4 kilometer distance from the Kanhei Jena-Anantapur corridor; (xiii) (xiv) (xv) (xvi) (xvii) As the proposal does not involve any permanent change in lands use in the forest land proposed to be utilised for prospecting, compensatory afforestation is not required to be undertaken; The proposal being for prospecting, is exempted from the requirement of providing documentary evidence in support of the settlement of rights in accordance with the provisions of the Scheduled Tribes and other traditional forest dwellers (Recognition of Forest Rights) Act, 2006; The proposed prospecting activity does not involve felling of any tree as the DFO in Part II of the proposal has reported that that the sites for boreholes have been demarcated in permanent gaps devoid of vegetation; This exploration project does not involve displacement of any human habitation; The concerned Divisional Forest Officer (DFO) recommended that proposal for drilling operation may be accepted, but if the question of forest diversion comes, the same may not be accepted considering the importance from wildlife point of view of the forest land proposed to be utilised for prospecting; and (xviii) The Chief Conservator of Forests, Principal Chief Conservator of Forests and the State Government have recommended the proposal without making any comments on recommendation of the DFO that if the question of forest diversion comes, the same may not be accepted considering the importance from wildlife point of view of the forest land proposed to be utilised for prospecting. 4. FAC after detailed deliberations recommended that before taking decision on the proposal, the Forest Survey of India, Dehradun may be requested to assess the coal block based on the draft parameters formulated by a Committee reconstituted under Chairmanship of the Secretary, Ministry of Environment, Forest and Climate Change to identify inviolate forest areas for mining. 5. FAC also recommended that meanwhile the State Government may be requested to furnish their specific comments on recommendation of the concerned Divisional Forest Officer that proposal for drilling operation may be accepted, but if the question of forest diversion comes, the same may not be accepted considering the importance from wildlife point of view of the forest land proposed to be utilised for prospecting. 6. Accordingly, the Ministry vide its letter dated (pg /c) forwarded the recommendation of FAC to the Forest Survey of India and the Government of Odisha for compliance. 7. The State Govt. vide their letter no. 10F(cons) 43 /2018/ 11279/F&E dated (Pg 61/c) informed that the matter was refer to PCCF (WL) & CWLW, Odisha for his considered views and on the basis of his comments, 12 P a g e

13 the state Govt. recommends to allow prospecting exercise in this case as the same will have no significant disturbance to wildlife habitat in the area. 8. In response to ministry s letter dated , the Forest Survey of India (FSI), Dehradun vide their letter dated 20/04/2015 (Pg.65/c) informed that this proposal cannot be analyzed through DSS as no shape file or coordinates have been provided for the analysis. 9. Now, the User agency has provided the KML file of the forest area proposed for prospecting along with Mining lease boundary and the said proposal has been analyzed through DSS. The detailed report of DSS may kindly be seen at F/X. Major observation are as follows : i. Proposed area for diversion of forest land falls on Dhenkanal district of Odisha State. ii. Calculated area of Coal block Mining lease area is found ha and the area of the Forest land applied for diversion is found Ha. whereas as per instant proposal 249 ha area of forest land is sought by the user agency. Thus, there is discrepancy of Ha. area is observed in the forest land proposed for prospecting work. iii. Simplipal-Satkosia Tiger Corridor is located at a distance of 7.29 Km from the proposed Coal block boundary. iv. Legal status of the proposed land cannot ascertained through DSS due to the unavailability of RFA boundary of Odisha State. v. Proposed area of Chandrabila coal block is classified as Inviolate based on Decision Rule No. 1 as it falls on 'Sighada Jhor' river & within its 250 meter buffer. Total 8 Grids of size 1X1 Km is falling on proposed coal block, out of which none of the Grid is having its score above 70. Thus, the coal block is Not-inviolate as per Decision rule-2. vi. Out of total coal block lease area, 48 ha. of land having the canopy density of Moderately dense forest, 197 ha. of land as open forest, 2 ha. of land as Water and 719 ha. of land as Non Forest in terms of forest classes (as per the ISFR 2015) based on the interpretation of satellite data period vii. Forest Types details: 5B/C2 Northern Dry Mixed Deciduous Forest: 96 Ha, 5B/C1 c Dry Peninsular Sal Forest: 94 Ha and Non-Forest:776 ha. 10. It is also imperative to mention that Principle Secretary/ Chairman & Managing Director, TANGEDCO & TNEB Ltd. vide his letter no. Lr. No. CE/M/Mines/EE/A1/F, Chandrabila CB/D.163/2018 dated (pg /c) addressed to Secretary (EF &CC) informed that the Ministry of Coal has allotted Chadrabila Coal Block in the State of Odisha to TANGEDCO. Out of total area of sq.km in Chandrabila coal block, CMPDI has completed the detailed exploration in the non-forest area of 5.68 sq. Km. Forest area of 3.64 sq. Km has yet to be explored for want of forest clearance, whereas the instant proposal has earlier been submitted by NTPC. However, no detail for allotment of coal block is given. 11. The user agency has been change from NTPC to TANGEDCO. The above facts may be placed before FAC scheduled to be held on for their examination and appropriate recommendation. **** Agenda No. 3 F. No. 8-80/2010-FC Sub: Diversion of ha of forest land in village prasabera, kedla, duni and barughuttu in west bokaro colliery, in favourn of m/s tata steel ltd. Ramgarh forest division, district Hazaribagh, Jharkhand. 1. The Government of Jharkhand, Department of Environment Forests and Climate Change vide his letter No. Van Bhoomi 15/2007/3458 dated submitted a proposal to obtain prior approval of the Central Government, in terms of the Section-2 of the Forest (Conservation) Act, 1980 for diversion of ha of forest land for coal mining in village Prasabera, Kedla, Duni and Barughuttu in West Bokaro Colliery in favour of M/s Tata Steel Ltd. Ramgarh Forest Division, District Hazaribagh, Jharkhand. 2. The forest area involved is Protected Forest Ha and Gair Mumkin Jungle Jhari Ha in Ramgarh Forest Division, Hazaribagh, Jharkhand. 3. The number of trees is approximately 1319 and consists of species like Palas, Chaukundi, Acacia, Subabul etc. The density of the forest is Forest cases have been lodged in C.G.M Court namely G. Case 10/93 and 128/05 against the TISCO official for violation Forest (Conservation) Act, Out of the total ha of notified forest land the project proponent has ha of land has been utilized by the project proponent prior to Forest (Conservation) Act, However, ha of GM Jungle land has been utilized by the project proponent after without approval under Forest (Conservation) Act, P a g e

14 5. The land use at present and proposed as below Present use (ha) Proposed use (ha) i. Mining ii. Tailing dump iii. Home stead land iv. Reservoir v. Stream vi. Road vii. Air Strip (part) viii. Stadium ix. Forest Land (including GM Jungle Jhari land) applied for x. Forest land broken prior to Total The details have not been provided in the proposal, except an undertaking provided by the project proponent to identify the land for CA. The SIR mentions that the state Government has proposed for compensatory afforestation over an area of ha of non-forest land.also they have proposed for penal compensatory afforestation over an area of X 2 = ha of degraded forest land for breaking an area of ha of forest land without permission. Actual details have not been received from the forest department. 7. About 59 families including 38 SC/ST families would be affected. 8. The proposal had been recommended by DFO, CF, PCCF and State Government. 9. Site inspection report in respect of diversion of ha of forest land for West Bokaro Colliery at Parsa Beda, Kedla, duni and Barighutu by TISCO. The site inspection of the diversion of ha of forest land for West Bokaro Colliery at Parsa Beda, Kedla, Duni and Barighutu by TISCO was carried out on 19/ Legal status of the forest land proposed for diversion Protected forest : ha G.M (Jangal Jhari) : ha Total : ha 2. Item-wise break-up details of the forest land proposed for diversion: Activity Present use (ha) Proposed use (ha) Mining Tailings dump Homestead land Reservoir Stream 2.43 Road 9.72 Air Strip (part) 2.23 Stadium 1.46 Forest land including GM jungle Jhari land) Note:- Forest land prior to Total P a g e

15 The mining component has not been reflected in the present use, though the mining is continuing, which should have been there. The State Government vide the letter No. Van Bhumi 15/ paba dated at point No. 4 informed that the safety zone area will be ha However, the safety zone calculation has not been explained by the DFO or UA during the time of visit. Also the UA should give a clear picture about all the land, forest and non forest lands, and their land use, so that the land scenario will be understood better. The user agency has submitted a purpose wise break up of land which is enclosed as annexure-1. Looking at the purpose wise breakup of the land and the present purpose wise break up there appears to be a lot of mismatch. The same need to be rectified. They have submitted past land use plan, present land use plan and future land use plan. It has been submitted as annexure Whether proposal involves any construction of buildings (including residential) or not. If yes, details thereof: Nothing was mentioned about the building construction. 4. Total cost of the project at present rates: Rs. 520 crores approximately. 5. Wildlife: The area is heavily mined, also the areas around the proposed area are mostly mining area, and active mines are located at many places. The area at present is not a good habitat for the wildlife. Lower vertebrates may be found here and there. 6. Vegetation: 0.4 Seeing the area, it is seen that most of the areas have been put to different uses, the virgin areas are now mostly degraded, covered with bushes, Palash is the major tree. The tree density appears to be less than 0.4. Different places inside the proposed application were visited. This application area is a part of the entire lease of West Bokaro of TISCO. Towards the western boundary a stadium with cemented boundary wall is located and Kuccha/Pucca roads run around the stadium. Little north of the stadium, the JTI two storey hostel is located. Some planted trees exit near the hostel. On the north-western tip few hutments exist. Towards south-east of stadium, some cement houses of village Chiratungri extension have come up, but there are some vacant lands also in this area. The Chiratungri village is located towards little south of these new houses, and in that village cemented houses, temporary houses, power line exist. This village is located on a little higher elevation, on the slope of a small hillock which is covered with bushes towards east & little southeast and also few little taller palash trees occur in this area. Towards further east another small hill range mostly covered with bushes and few palash trees runs from north to south for some distance, and continues till the water reservoir at the centre form south. The central waste is at a little higher elevation than the water reservoir at the south. A dam is constructed between the water reservoirs and there is some space between the water reservoirs. Towards south-western corner of the present application, a reject yard is located where the reject are heaped up and this reject yard continues beyond the application limit towards the western direction, and is located just opposite the silo which is just outside the western limit of the present application. A road passes between the reject yard and Chiratungri village limit till the reservoir down below and move further. Towards south Chiratungri village, beyond the road, the land is low land and there some marshy plants have come up. A small hillock with few trees are located towards south-east of reject yard, on the southern boundary. Beyond the central reservoir, towards north-east and eastern direction a relatively bigger hill exists which is covered with mostly bushes. Palash trees however are found throughout. A road runs between the reservoir and this hill. For making the road steep cuttings have been made at certain points. A conveyor system form silo located outside the present application limit in the western direction, runs from the western boundary between the stadium and chiratungri village, over the reservoir at the centre, moves on the hill and runs upto the PCP (Primary Crushing Plant) at the centre. There is a separate application for this conveyor system. An Ash pond, divided into three parts, exists south-east of big hill at centre, towards north of weighbridge at the southern boundary. In the ash pond, the northern portion is having the slurry which comes the Power House located outside the present application limit towards western side near washery & silo, both outside the application limit. The central portion of the ash pond at present is full with dry ash and the user agency is excavation the dry ash for some purpose. Towards the southern side of the dry ash area the water from the ash pond is getting accumulated and marshy reeds have come up in this area. Some chakundi trees have been planted in some places around the ash pond, mostly towards northern direction. The area of the ash pond is around 3-4 hactes. A weighbridge complex is located on the mid southern boundary of the application. The weighbridge is a cemented structure, near to it many trucks are found to be parked. Towards north-east and east of ash pond the bigger hill covering larger area, mostly covered with bushes and with bigger palash trees exist. Beyond this hill, the quarry starts towards north & north-east direction. The quarry is a huge quarry with almost vertical faces at many portions, particularly towards the eastern direction which is 15 P a g e

16 towards the Jharna basti side and also towards the north-eastern side. From the quarry, the coal is transferred t the PCP by trucks and then to silo by the conveyor system. The Ravidas Tola with few houses exists beyond the hillock towards eastern direction, on the boundary, towards south of the big quarry. A pucca road sometimes run on the southern boundary, also on eastern boundary and sometimes moves outside the boundary in this portion over which trucks and vehicles are plying. The Jharna basti, a medium basti, with many cemented houses is located towards south-eastern boundary of the present application. A cement wall has been constructed beyond the quarry limit, towards the eastern direction and beyond that a road runs inside the application limit and beyond that in eastern direction the jharna basti exists outside the application. The road between the Jharna basti and the quarry is used for the transportation of coals by trucks, mainly of CCL, the officials of the UA informed that they don t transport their coal by trucks. The user agency has created some plantation recently between the quarry limit and the boundary towards south-east corner. Towards mid east on the eastern boundary some vacant barren land exists. A mosque and few houses of Bathantand Tola have come up on barren land beyond the quarry limit towards the north-eastern tip, on the boundary. An airstrip and haul road exists side by side towards mid north in the present application limit and also run to other blocks, outside the present application. A plantation of mostly chakundi trees exists towards west and south west of the haul road. The Daily Maintenance Centre (DMC) is located at the centre towards the south of the haul road and airstrip, the structure is used for maintenance of heavy vehicles. Towards south-western side the tailing dump exists inside the present application. Throughout the application area, road network has been created, touching all important components, the roads are mainly pucca roads which are damaged at parts. (a) Total number of trees to be felled. Not clear from the enclosures. (b) Important species: At present palas is the major species standing here and there In the area, others are mostly planted chakundi trees. Number of trees of girth below 60 cm-not clear from the enclosures. Number of trees of girth above 60 cm- Not clear from the enclosures. 7. Background note on the proposal: The Tata Iron and Steel Company Limited (TISCO) produces coking coal at its West Bokaro Collieries for use in its works at Jamshedpur. The current production from the mines is about 1.90 million tones per annum (MTPA) of product coal. Prior to 1980 the seam underlying forest area have been partly worked by underground mining. At present they need this forest area for developing opencast mine. The seams underlying this forest land have been partly worked by underground mining prior to 1980 and this area is now needed for a opencast mine. In the year 1998, the project had identified a total of ha as their requirement. The user agency has submitted a diversion proposal measuring 4.07 ha forest land for proposed overland conveyor required for the mine. Also an area of 3.43 ha GM land on the western periphery of the project for establishing a weighbridge complex. Accordingly, the present project area which includes the above two facilities works out of a total of ha. The Ministry vide letter No /2010-FC dated intimated PCCF, Govt. of Jharkhand to provide interim relief to M/s Tata Steel Ltd. by permitting them to continue their mining operation till a decision on the proposal of the State Govt. is taken. 8. Compensatory afforestation: The state Government has proposed for compensatory afforestation over an area of ha of non forest land. Also they have proposed for penal compensatory afforestation over an area of X 2 = ha of degraded forest land for breaking an area of ha of forest land without permission. Actual details have not been received from the forest department. (a) Whether land for compensatory afforestation is suitable from plantation and management point of view or not: Areas are yet to be formally identified in favour of the project (b) Whether land for compensatory afforestation is free from encroachment/other encumbrances: Areas are yet to be formally identified in favour of the project. 16 P a g e

17 (c) Whether land for compensatory afforestation is important from Religious/Archaeological point of view: Area are yet to be formally identified in favour of the project. (d) Land identified for raising compensatory afforestation is in how many patches, whether patches are compact or not: Area are yet to be formally identified in favour of the project. (e) Map with details: Area yet to be formally identified in favour of the project. (f) Total financial outlay: Area are yet to be formally identified in favour of the project. 9. 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 per State Government letter vide No. Van Bhumi 15/ paba dated at point No 3 the Deputy Secretary, Govt of Jharkhand informed that ha of Gair Mazrua Jungle Jhari forest land has been broken after without prior approval. The State Government has proposed penal compensation over the twice of ha of forest land broken up due to violation. The Ministry vide letter No /2010-FC dated brought out the following facts: The coal block under lease has various sub blocks. A few of them listed below: 1. Q.E= ha ( ha notified forest ha GM (JJ) 2. SEB= ha (34.84 ha notified forest ha GM (JJ) 3. NEB= ha (97.45 ha notified forest ha GM (JJ) 4. QLC=4.07 (1.35 ha notified forest ha GM (JJ) The proposal for diversion of ha for the sub block SEB listed at SI No. 2 above have now been forwarded by the State Government seeking approval for obtaining forestry clearance ha forest land under this sub-block was broken prior to 180 and ha of forest land was broken after While the lease including all the sub-blocks was being operated by M/s Tata Steel Ltd. with an understanding that since the mining lease was valid they could perhaps continue operations without seeking forestry clearance mid way. However, the thought it appropriate to seek forestry clearance while mining lease was still valid. Accordingly, the proposal for ha was moved through the State Government of Jharkhand. While this was done by the State Government, the local Divisional Forest Officer issued closure notice for mining operations in this sub-block (SEB). In the Order dated 29 th June 2005 of Hon ble High Court of Jharkhand in a similar case, the operative part of the order is as follows: For a period of six week and thereafter, till such time as the Central Government does not take a final decision in the application that may be filed by the Tata Iron & Steel Co. Ltd the petitioner company will be entitled to continue with mining activities in Duni and Pundi but the same will be strictly restricted to the areas where such activity is being currently undertaken by the Tata Iron and Steel Co. Ltd. and no coercive steps will be taken against the Tata Iron & Steel Co. Ltd or its officials or contractors, while carrying out such mining activity in the said areas With the approval of the competent authority it was decided to provide interim relief to M/s Tata Steel Ltd. by permitting them to continue their mining operations till a decision on the proposal of the State Government is taken. Accordingly, the State Government may please take a decision (5-6/c) 10. Whether proposal involves rehabilitation of displaced persons. If yes, whether rehabilitation plan has been prepared by the State Government or not : a. Number of families : 59 b. Number of SC/ST families: 38 nos of ST. Some of the components of the rehabilitation plan is as follows, as per the proposal. The company has acquired 5.79 acres of land in village Parsabera for rehabilitation purpose. Price of house depending on the nature of the construction 17 P a g e

18 Allotment of 4 decimal (1600 sq. ft) developed land free of cost to each family at the rehabilitation site Company provides one employment or money in lieu of employment for every 3 acres or part thereof to the land losers Company provides transport facilities for shifting of their materials and belonging to rehabilitation site Transit allowance for a maximum period of 6 Rs. 1000/- per month per family 11. Reclamation plan: A sketchy reclamation programme is enclosed as annexure 4. A broad head lines on OB management, vegetation and top soil removal, rehabilitation and re-vegetation of OB dumps and diversion of Jharna nallah etc. are given, but not much details is given. Later the use agency submitted some document for reclamation which is enclosed as annexure 4 (i). A detailed mine closure plan showing reclamation, back filling, etc. need to be prepared. Details and financial allocation: Not very clear 12. Details on catchment and command area under the project:not applicable 13. Cost benefit ration: Initially they did not submit. A new cost benefit calculation has been submitted by the user agency which is enclosed as annexure Recommendations of the Principal Chief Conservator of Forests/State Government: Recommended. 15. Recommendations of Chief Conservator of Forests (Central) along with detailed reasons: Appended separately. 16. Dy. Conservator of forest shall given detailed comments on whether there are any alternative route/alignment for locating the project on the non-forest land: This is the application for the quarry in operation, also mine is site specific: so an alternative is not possible. 17. Utility of the project: Number of Scheduled Caste/Scheduled Tribes to be benefited by the project: The project will create job opportunities which will help SC and ST population also, directly and indirectly. (a) Whether land being diverted has an socio-cultural religious value: Not reported. (b) Whether any scared grove or very old growth trees/forests exist in the areas proposed for diversion: Not reported. (c) Whether the land under diversion forms part of any unique eco-system: Not reported. (d) Situation with respect to any Protected Area: Hazaribag Wildlife Sanctuary is around 60 Kms away from the project area. 18. Any other information relating to the project: a. Diversion of Jharna nallah: As per the proposal the Jharna nallah is flowing through their mining lease hold area in Parasbera, is to be diverted towards east in the mining lease the Jharna nallah diversion is given as annexure-3 of the proposal is enclosed as annexure-6. During the site inspection the project authorities could not explain about the Jharna nallah could not be seen. While visiting the mining pit, there happened to be good rain during the previous might, it was seen that good volume of spring water was coming into the pit from the top. b. Composite planning involving all the blocks- There are four numbers of blocks adjacent to each other, forming the entire lease of the TISCO in West Bokaro The coal block under lease has various sub blocks which are given below as per the information contained in the ministry letter mentioned at violation part: Q-E = ha ( ha notified forest ha GM (JJ) SEB = ha (34.84 ha notified forest ha GM (JJ) NEB = ha (97.45 ha notified forest ha GM (JJ) QLC =4.07 ha ( 1.35 ha notified forest ha GM (JJ) Since the blocks mostly big blocks, also contiguous, then the area will be better managed in case all the blocks are combined together and operate as a single block. In fact, different components of the present block like reject dump, ash pond, air strip, etc. are common with some other blocks. The composite planning will help managing the entire lease better as the back filling and reclamation will be quicker. c. Ash pond component not shown in the proposal- During the site inspection it was found that the ash pond with an area of around 3-4 ha, is located almost at the centre of the application area, the details of which is given in the vegetation part. Te ash form the power plant located outside the block is transferred though the pipe in slurry from to this ash pond. On checking the land use pattern, it is observed that the ash pond has not been 18 P a g e

19 figured. The same need to be properly reflected in the present land use as well as I the future use of the present application. The UA should properly picture the present land use pattern. d. Long operation, improper mine closure- The WEST Bokaro is in operation since long,. Much earlier to 1980 (indenture of sub lease and its supplemental lease both executed on 23 rd January 1947) as per the information given at point 2.7 of the Mining Plan enclosed in the proposal. Now it appears of the pits has been properly reclaimed, some of the pits should have been back filled and reclaimed by the time. The action taken for closing the pit is lacking strong will, resulting in opening of the so much area for mining. They should take immediate steps to close some of the de-coaled pits. e. Issue of Co-terminus of FC permission with mine lease: on scrutiny of the proposal it is found that the lease deed was first executed during Today the period of FC clearance is given for 20/30 years for the mines, and the valid period of lease remains co -terminus with the validity of the forest clearance. In view of long lease of the application which is much onger than the present lease period of 20/30 years in may other cases, so a decision regarding the validity of the lease and its co-terminus status with the Forest (conservation) Act should be taken. f. Encroachment of lease area and issue of proper protection: During the inspection it has been found out that encroachment has taken place at different places, mosque, temporary huts, other permanent structures have come up inside the lease, the details of such encroachment has been given at vegetation part. It appears that the TISCO authorities have not taken proper steps to protect the land under their occupation as a result so much of encroachments have come up. While we were returning from mosque area, some women even shouted at us. The encroachment status, land use deviation status for the entire West Bokaro lease may be asked for to understand he gravity of the situation. g. Top soil storage -: Top soil is a vital component for the development of trees on the earth. The user agency has not kept any land for top soil storage, which otherwise should have been there. The clarity about the top soil storage etc. needs to be reflected on the land use pattern itself from the beginning. h. Virgin area management : the details of the virgin areas are given at vegetation part. Most of the virgin areas are in degraded state, except for few palash trees standing at some locations. The effort for gap planting, tree protection appears to be insufficient or non existent. i. Safety zone issue:-the user agency has not proposed any safety zone in the proposed application. However, the State Govt. has proposed ha of safety zone. Apart from the mining boundary, there are other public utilities like roads, reservoir etc. around which appropriate safety should have been created. The safety zone of the entire lease also for this block should be calculated and should be properly delineated on the map. The user agency has submitted a safety zone map where a small green brand of safety zone has been shown on some eastern as well as southern boundary which is enclosed as annexure-7. However, the safety zone has not been given in the land use break up. The same need to be rectified. j. Issue of present day land status:- The present day land status appears to be different from the actual application, one example is the ash pond which is not shown in the land use. The actual present application should be properly calculated including the encroachments so that a correct picture about the land use comes out. k. Steep benches:- During the inspection it is found out that the faces of the pit mainly towards the public road along side the Jharna basti, are very steep. The top height is nearly around ft from the pit bottom, appears almost like a cliff. However, there is not enough protection of the pit in Jharna basti side. No fencing has been erected, the wall crated along side the road has been breached and people are coming almost to the edge of the pits. The user agency should ensure that proper protection is given for such steep benches at the top, an accidental fall from such height will be fatal. l. Greening of the area till date: During the inspection it has been found that the virgin areas are mostly in the degraded state.; and except for Chhakundi plantations on some slopes, also on few roads, there was hardly sufficient greenery. The steps taken towards greening the area appears to be insufficient. The greening status of the entire lease should be asked for. m. Drainage around the area:- The Bokaro river is not flowing far away from the present block, it is the main river of the area to which different nallahs drain their water. Around the river many mines are located so the protection of the Bokaro river should be a priority. Recommendation of Addl. PCCF (Central)-The forest diversion proposal was inspected by the CF (Central) during the month October The user agency was requested to reply certain observation of CF (Central) noticed during site inspection. The user agency had made a presentation in this office to explain the observations of CF (Central) and also has furnished the clarification. 10. The following observations of Regional Office may be examined and considered by the Ministry. (i) The user agency have four different mining proposals within one lease hold but renewal of the same have been differently & separately submitted to the Ministry. As per the present proposal the user agency has furnished the total area for this diversion proposal which is ha out of which ha (GM JJ), ha (Notified Forest) and ha (raity) land. 19 P a g e

20 (ii) The details of land identified for compensatory afforestation has not been furnished by the State Govt. which is an essential precondition prior to the consideration of diversion. (iii) The State Govt. has proposed penal compensatory afforestation, for breaking ha of GMJJ forest land by the user agency is violation of Forest (Conservation) Act, The user agency has mentioned that the legal status of GMJJ land was not clarified till the Hon ble Supreme Court Judgment dated where the legal status of GMJJ land was considered as forest land. It is not clear from the report of the State Govt. whether the area was cleared before or after In my considered opinion, the view of the State Govt. regarding Penal Compensatory afforestation may be accepted. (iv) Mine closure plan showing reclamation, back filling & post mining land use may be clarified. At present, there is no proper mine closure plan with the proposal. The user agency may be directed to submit concurrent mine closure plan. (v) One nallah called Jharana nallah is flowing through the lease which is reported to be seasonal in nature. It is suggested that the user agency may be directed to either divert the nallah through the periphery or leave out 50 meters either side of the nallah as per mining rules. (vi) The user agency has informed that the area of ash pond is 7.68 ha. which has not figured in the proposal. Considering the future requirement of ash pond., it may also be included in the land use plan. (vii) It is observed that none of the mining pits have been properly reclaimed. The user agency has stated that all the mining pits are in operation and phase wise reclamation is being taken. It is suggested that the FAC may consider this issue and if agreed, the user agency may be directed to undertake concurrent reclamation. (viii) During the inspection, it has been found that encroachment has taken place at different places. It is observed that protection measures to prevent encroachment by the user agency require strengthening. They have suggested that the encroachers will be rehabilitated after being compensated properly. This issue may be examined and considered by the Minister. (ix) The user agency has neither proposed any land for top soil storage nor kept any such earlier top soil storage inside the lease. This mine is under operation since along but without any topsoil storage site. The user agency has clarified that 8.91 h of raity land will be utilized for storage of top soil. (x) During inspection it was found that the faces of the pit mainly towards the public road along side the Jharana basti are very stiff. The top height is around ft from the pit bottom appears almost like a cliff. The User agency intends to do High wall mining for this portion. Stringent safety precautionary measures as per rules should be taken by the user agency to prevent accidental damage to people and wildlife of the area. (xi) During the inspection, it has been found that the virgin areas are mostly in the degraded state, except for Chakundi plantations on a few road side slopes. The user agency may ensure to take up afforestation in all the available and feasible areas in the non-mineralized zone and also in the area of mineralized zone till the area is required/available for mining. (xii) The Bokaro River is the main river of the area to which different nallahs drain their water & the river is surrounded by many mines. Hence, the protection and mitigative measures for the Bokaro river may be included as a part of the project planning to ensure that Bokaro river shall be free of pollution. 11. The proposal was considered by the FAC in its meeting held on 15th May, FAC discussed the proposal and noted that the State Government had not provided full details about compensatory afforestation and that there is a violation of Forest (Conservation) Act, 1980 in respect of ha. of forest land classified as Gair Mumkin Jungle Jhadi (GMJJ). It was also noted that several important details like mine closure plan, provision for top soil storage, non-inclusion of ash pond in the proposal, trees to be felled, etc. which has been highlighted in the Site Inspection Report submitted by the Regional Office are not available in the proposal. It was also noted that mining has been done in small pockets, and that NPV etc. would have to be paid for the entire forest area in the whole mining lease and not in individual quarries as envisaged by the company. After discussing the Committee desired to have a detailed response from the State Government about these issues raised by the Regional Office of the Ministry in their Site Inspection Report. The Committee observed that the State Government has initiated the settlement of rights under Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and that the certificate required as per the guidelines issued by the Ministry has not been submitted. The Committee will consider the proposal after the requisite documents are submitted by the State Government. 12. Accordingly, the State Government of Jharkhand was requested vide this Ministry s letter dated , as per recommendation of FAC, to submit the following information/documents to this Ministry: i. Full details about compensatory afforestation has not been provided. ii. There is a violation of Forest (Conservation) Act, 1980 in respect of ha. of forest land classified as Gair Mumkin Jungle Jhadi (GMJJ). iii. Several important details like mine closure plan, provision for top soil storage, non-inclusion of ash pond in the proposal, trees to be felled, etc. have not been furnished. 20 P a g e

21 iv. Since the mining has been done in small pockets, and that NPV etc. would have to be paid for the entire forest area in the whole mining lease and not in individual quarries as envisaged by the company. 13. The State Government of Jharkhand, Department of Environment Forests and Climate Change vide their letter No. Van Bhoomi 15/2007/1426/VP dated submitted information/documents as sought by the Ministry s letter dated as below S. No. (i) Information sought Full details about compensatory afforestation has not been provided. Information provided by the FAC In this regard the State Government informed that the user agency has procured & submitted an equivalent amount of nonforest land under jurisdiction of various forest divisions in lieu of proposed forest land. The Xerox copy of NOC for suitability of land with location outside the notified/demarcated area with compensatory afforestation scheme was submitted. The details of non-forest land as submitted by the project proponent is as follows: Name of forest division Name of village Thana & No. Area mentione d in NOC issued by DFO in Acre Area propo sed in Acre Date of issue of NOC Hazaribag h East Chutiaro Hazarib ag / Daltangun g North Bhaward ah Battaua Panki- 415 Harihrg unj / / Garhwa North Jerua Nagarut ari & 802 / Wild life Division Hzaribagh Tikdha Simaria / Total Or Ha Ha. (ii) There is a violation of Forest (Conservation) Act, 1980 in respect of ha. of forest land classified as Gair Mumkin Jungle Jhadi (GMJJ). An area of hectares forest land broken/ used before and an area of 2.73 hectares for safety zone, both are falling within proposed forest land of hectares. In this regard the State Government informed that the project proponent was agreed to pay double the cost of afforestation over hectares of GMJJ land i.e hectares or hectares against illegal breaking/use of GM JJ land. 21 P a g e

22 (iii) (iv) Several important details like mine closure plan, provision for top soil storage, non-inclusion of ash pond in the proposal, trees to be felled, etc. have not been furnished. Since the mining has been done in small pockets, and that NPV etc. would have to be paid for the entire forest area in the whole mining lease and not in individual quarries as envisaged by the company. In this regard the State Government reported that was informed by User Agency that mine closure Plan submitted vide their letter No. TSL-DEL/460/2013 dated to Ministry of coal, New Delhi for approval. User agency was also submitted Xerox copy of relevant pages contains in mine closure plan and location of Ash pond within proposed forest land as additional evidence while submitting clarification with respect to point No. 3. The Xerox copy of undertaking related to point No. 2 & 4 are available In this regard the State Government informed that the User Agency was agreed to pay NPV as per the current prevailing rate over entire notified forest area & GMJJ land falling within lease hold area. (v) The documents on settlement of right under Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Right) Act, 2006 as per the guidelines issued by the Ministry may be submitted. In this regard the State Government informed that the Compliance of Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 has been submitted in accordance with the MoEF & CC s advisory dated The Deputy Commissioner, Ramgarh issued a certificate dated certifying all the clauses as stipulated in the MoEF&CC s advisory committee dated 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 Gram Sabha has certified that there are no claims under the FRA, The proposal was again considered by the FAC in its meeting held on FAC after considering all the above facts and the observations of the FAC in its earlier meeting held on 15 th May, 2012 and after having heard the project proponent, Govt. of Jharkhand and the Regional Office, Ranchi, recommended that the following information be sought from the State Government: i. The State Government will send the detailed Compensatory Afforestation Scheme and the site suitability certificate of the Compensatory Afforestation areas including from management point of view. ii. The number of Compensatory Afforestaion sites proposed is numerous and State may also attempt to consolidate the area into larger patches, fewer in number to ensure better management. iii. The User Agency shall through the State Govt. provide the Mine Closure Plan and also indicate the status of its approval by Ministry of Coal, GoI. iv. The provision for top soil management, details of land for ash pond and its status vis a vis land proposed for diversion etc. to be provided by the State Govt. 15. Ministry vide its letter dated (Pg-511/c) requested the State Government to provide the above information as per recommendation of FAC dated Government of Odisha vide their letter no. Van Bhumi-15/ /V.P. dated (Pg /c) forwarded the reply as given by Principle Chief Conservator of Forests vide their letter no dated The point-wised reply is as under: 22 P a g e

23 Sl. No. Observations made by MoEF&CC 1 The State Government will send the detailed compensatory Afforestation Scheme and the site suitability certificate of the Compensatory Afforestation area including from management point view. Reply from the State Government In this regard, the State Government has just forwarded the reply furnished by the user agency that forest land, which is being diverted under the aforesaid project, is ha non-forest against the ha forest-land, which has been marked under the total 04 divisions, the details are as follows. Name of forest division Garhwa Northern Division Non-forest land (Ha) marked for compensat ory afforestatio n in which appropriate certificate is obtained. Deatis of Non-Forest Land related to Scheme of CA prepared by DFO Non-forest land against forest land applied for the aforesaid project Accus tomed Datanganj North Division Wildlife sanctuary division hectare garden hectare garden eastern division Total= In accordance with the above list, ha non-forest land has been certified by the respective forest officials concerned for compensatory afforestation and devoted and prepared scheme for compensatory afforestation on forest land against non-forest land. It is further informed that the user agency has to provide hectares of non-forest land to state forest department under this project. But, ha. forest land has been broken/used prior to 1980 and 2.73 hectares forest land is proposed for safety zone. Therefore, ( = hectares) non-forest land has been made available by user agency. It is observed that the suitability certificates are same as given now (Pg /c) and furnished earlier (P /c). 2. The number of compensatory Afforestation sites proposed is numerous and State may also attempt to consolidate the area into larger patches. Fewer in number to endure better management. 3 The User Agency shall through the State Govt. provide the Mine Closure Plan and also indicate the status of its approval by Ministry of Coal GOI In this regard, the State Government informed that as per the compliance report of the user agency, all the proposed sites for compensatory afforestation are adjacent to the forest land. Therefore, afforestation and other forestry related activities are suitable in terms of work and safety. The proposed compensatory afforestation area is spread over a total no. of four (4) forest divisions. The area of land is less due to it being a part of the raiti land proposed for compensatory afforestation. The highlighted verified map of the proposed compensatory afforestation site is given. In this regard, the State Government informed that in the compliance report submitted by the user agency, it has been mentioned that the Mine Closure Plan was submitted in 2013 for the approval of the Ministry of Coal. Again, the revised Mine Closure Plan was submitted vide Letter No - TSLDEL/170/2016 dated to the Coal Ministry (Pg /c), which is currently under consideration at the highest level. However, the user agency vide their letter dated informed that the mining plan and the mine closer plan has been approved by Ministry of Coal vide their letter no /2/2017-PCA dated As 23 P a g e

24 4 The Provision of top soil management, details of land for ash pond and its status vis a vis land proposed for diversion etc to be provided by the State Govt. recommended by FAC to provide the Mine Closure Plan through State Government, but it is not done. In this regard, the State Government informed that in the compliance report submitted by the user agency, the top soil removed during mining is kept at the designated site and has been utilized in the plantation. This has been mentioned in the Mine Closure Plan. But it is observed that the top-soil management is not being managed properly. This is the reason that where the plantation has been done, top soil has been brought in using from the outside. Due to the deep mines, there is no top soil left in the mine. Ash Pond is located in Village- Barughutu, Khata No 48, Plot No - 677, 786 and 787 measuring 7.68 (ha) is a non-farmed (jungle jhadi) land which is inclusive of the proposed area. Ash has been removed from it and now there is only Ash water left. Ash pond will be used for future work related to mining and other mining activities. 17. Department of Forest, Environment and Climate Change, Government of Jharkhand raised 3 points vide letter No dated Compliance report in this regard as under: Sl No. Query Compliance 1. Cadastral map of the entire lease area in which the lease is clearly marked and the forest land falling in it should be marked and all disclosure proposals should be clearly shown by the user agency so that it can be ascertained which forest land remains for the purpose of diversion. State Government stated that it has been mentioned by the User Agency that a total of 04 projects with hectare forest land falling under the cadastral map of the entire lease area are proposed, which are being considered at various levels, whose details are as under: - Sl Proposed Project Name No. Area Ha. 1 TISCO O.L.C TISCO's Pundi Duni Project TISCO s Parsabera, Barughutu, Kedla and Duni TISCO s Barughutu, Kedla, Banji, Parej, Duruksamar and Duni Total The Cadastral Map of the entire lease area has been enclosed at (Pg /c). Out of total forest land hectares, ha is notified forestland and ha is recorded as Jungle Jhari. It is worth mentioning here that on the said project Parsa Bera, Kedla, Barughoutu, and Duni are includes hectares of Notified Forest Land and ha Jungle Jhari totaling ha. 2. Copy of approved mining lease State Government stated that the lease deed has been attached by the user agency. It is understood from the observation of lease that in the year 1946, the lease agreement was made between Ramgarh Raja and Ramgarh and Bokaro Company and in the year 1947 the sub-lease agreement between the said company and West Bokaro Limited was signed. Again, in the year 1973, the agreement was signed between the State Government and West Bokaro Ltd regarding the said lease. It is worth mentioning here that under the MMRD Act 1956, lease execution is yet to be done by the state government. 24 P a g e

25 3. Land Schedule of the entire lease hold area with the type of land is to be marked. State Government stated that the Land Schedule of the entire lease hold area, according to land type is provided by the user agency. From the observation of the said report, it is seen that non-forest land has not been verified by the revenue department. The Undertaking by the User Agency has been given that the verification of non-forest land will be sent separately after receipt from the revenue department and if any additional forest land comes after verification, then its payment will be made at the prevailing rate of the time. In view of above, the facts related to the proposal may be placed before FAC in its next meeting scheduled to be held on for their examination and appropriate recommendation. **** Sub: Agenda No. 4 F. No. 8-24/2013-FC Diversion of ha ( ha+3.33ha of safety zone) of forest land for Tubed Coal Block in favour of Tubed Coal Mines Limited in Latehar District in the State of Jharkhand. 1. The State Government of Jharkhand vide their letter No. 3/Van Bhumi-25/2012/908/V.P. dated had submitted a proposal seeking prior approval of the Central Government under Section-2 of the Forest (Conservation) Act, 1980 for diversion of ha of forest land for Tubed Coal Block in favour of Tubed Coal Mines Limited in Latehar District in the State of Jharkhand. 2. The Tubed Coal Block over an area of 4.60 Sq. Km is located in Latehar district of Jharkhand State. It lies in the northern part of Auranga coalfield which is the Eastern most part of North Coal Valley Gondwana basin. Tubed coal block has been allocated to M/s Hindalco Industries Ltd and M/s Tata Power company Limited by Ministry of Coal, Govt. of India vide letter No /11/2006-CA-1 dated M/s Tubed Coal Mines Limited (TCML) a joint venture company has been formed by the above two allottees for development of the coal block. In order to exploit coal from the allotted block, M/s Tubed Coal Mines Limited (TCML) is interested to develop the mine to meet their captive requirement of 6.0 million tonnes of coal per annum. 3. Out of the total area of mining lease of 460 ha, total mining and dumping area will be 413 ha while remaining 47 ha will be utilized for services, barrier and safety zone. 350 ha of the area of the mining lease will be broken up for extraction of million tonnes of coal. Total overburden to be generated during the entire period of mining activity will be million cu.m out of which 200 million cu. m will be backfilled in the decoaled area thereby reclaiming the mining lease. 4. The allotted coal block has total mining lease area of 460 ha comprising of ha of forest land and ha of non-forest land. Area of safety zone of the mining lease is 3.33 ha. It is pertinent to mention here that State Government did not include the area of safety zone in the total area applied for diversion. As per the Guidelines dated issued by the MoEF, the area earmarked for safety zone should have been included in the total area applied for diversion under the Forest (Conservation) Act, Sukri river flowing in South-West part of the block controls the main drainage of the area. There are 3 East-West flowing nalas which drain into Sukri River. Besides this, there is also a nala located in the northern part of the block which joins Sukri river. 6. The allotted coal block has total mining lease area of 460 ha comprising of ha of forest land and ha of non-forest land. 7. Area of safety zone of the mining lease is 3.33 ha. The nodal officer has recommended for including the safety zone in the diversion proposal. As per the Guidelines dated issued by the MoEF, the area earmarked for safety zone has to be included in the total area applied for diversion under the Forest (Conservation) Act, The proposal is for diversion of ha ( ha ha of safety zone) of forest land for new mining lease in favour of the project proponent. 9. The legal status of forest land proposed for diversion is Protected Forests.(Protected forest ha; Deemed Forest ha; safety zone 3.33ha,Total ha). 25 P a g e

26 10. Density of vegetation is less than 0.3 and total number of trees to be felled are As reported by the User agency, the number of trees of girth below 60 cm is 25901, the number of trees of girth above 60 cm is The area is moderately prone to erosion. 12. There is no protected archaeological/heritage site/defence establishment in the proposed area. 13. The proposed area does not form part of National Park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve etc 14. No rare/endangered/unique species of flora and fauna have been found/recorded in the area. 15. No violation of FC Act 1980 has been reported and the proposed area is unavoidable and also is barest minimum. 16. Environment Impact Assessment (EIA) studies are being under taken & Environment Management Plan is under progress 17. The user agency has applied for mining lease over this allotted block. The mining plan has been prepared and has been submitted for approval of the Ministry of Coal. 18. CA has been proposed over equivalent non-forest land. User Agency has submitted list of 06 village comprising acre or ha of non-forest land for compensatory afforestation work which is outside of Latehar District. Seven years compensatory afforestation scheme by three forest territorial division viz. Giridih, Daltonganj (N) &Latehar Division for ha with total outlay of Rs is submitted with this proposal. Giridih Forest Division 83,47, Daltonganj (N) Division 41,37, Latehar Forest Division 10,53, Total 1,35,37, or Rs 1,35,37,689/- 19. Land suitability certificates in respect of above mentioned 6 villages have been submitted by the concerned DFOs viz. Giridih, Daltonganj North & Latehar Forest divisions. 20. As reported by the User agency (Part-I of Diversion Proposal), the number of families to be displaced are 201 and number of SC & ST Families are 12 & 161 respectively. The Rehabilitation Plan is submitted. 21. The proposal was discussed by the FAC in its meeting held on 17 th January 2014 and after detailed discussion on the proposal and interaction with the project proponent, the FAC had recommended that following information/documents may be obtained from the State Government and thereafter proposal be placed before the FAC. i. Compliance of the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006(FRA) in accordance with the MoEF s guideline dated 3 rd August ii. iii. iv. Clarification from the state government whether R&R plan is approved by the State Government. Diversion plan of Sukri Nallah, as recommended by the Regional office of the MoEF, duly approved by the State Government. Duly authenticated 10 Km radius map indicating the other existing/proposed mines and protected areas. v. Recommendation of the State Government on inclusion of safety zone in the diversion proposal in accordance with the MoEF s guidelines dated 12 July vi. Reason for establishing the labour camps with in the forest area proposed for diversion. 22. The above recommendations of the FAC was communicated to the State Government vide MoEF s letter dated 3 rd February The State Forest Department had submitted a certificate dated 29 th January 2014 (Pg /c) issued by the District Collector, Latehar that that complete process for settlement of rights 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 the concerned Gram Sabha with quorum of 50%. Certificate issued by the District Collector is in accordance with the MoEF s Guidelines dated However copies of Gram Sabha resolutions have not been submitted. 24. Information on other points, as indicated in para 21 (ii) to (vi), desired by the FAC is still awaited from the State Government. 25. The proposal was again discussed by the FAC in its meeting held on 13 th &14 th February, The FAC noted that Ministry of Environment and Forests (MoEF) received a letter No / 04/ 2014-CA-I dated 15 th January 2014 from the Ministry of Coal wherein it had inter-alia been stated that Coal Blocks where Forest Clearance Stage- 26 P a g e

27 I (wherever required) have not been obtained till 5 th February, 2014 will be de-allocated. The tubed coal block has been placed at sl no 17 in the list of 61 coal blocks annexed with above letter. 26. FAC after detailed deliberations recommended that opinion of the Ministry of Coal may first be obtained whether keeping in view the time-lines stipulated in their said letter dated 15 th January 2014 wherein it has inter-alia been stated that Coal Blocks where Forest Clearance Stage-I (wherever required) have not been obtained till 5 th February, 2014 will be de-allocated, grant of stage-i approval under the FC Act for diversion of forest land located within these blocks can be considered by the Ministry of Environment and Forests. After getting the clarification from coal ministry, the same will be put up before the FAC for consideration. 27. The Ministry vide its OM no. 3-2/2009-FC (pt.i) dated (Pg-809/c) had sought clarification from the Ministry of Coal as per recommendation of the FAC. 28. Ministry of Coal vide their letter no /04/2014-CA-I dated (Pg-810/c) informed that in order to avoid such a situation the Secretary (Coal) had immediately after the decision by the CCEA and submission of the Statement before the Supreme Court written to you stating that all such actions need to be completed before the deadline of as submitted in the Statement before the Supreme Court. This was preceded by two Senior Officers of the level of Joint Secretary of the Ministry of Coal meeting the Secretary, MoEF and other Senior Officers to apprise them about the decision of the CCEA and the timelines which had been set by CCEA. Ministry of Coal further advised to this Ministry to seek opinion of the Ministry of Law and Justice or approach the CCEA as deemed necessary. 29. The issue of instant pending proposal was raised in the meeting held recently at IPB, New Delhi in connection with Coal Mining Projects. 30. This coal block is one of the Coal Block among 204 coal blocks whose allocation has been cancelled by the Hon ble Supreme Court (S.N.65 of the cancelled list; F/L). No further communication with regard to this Block has been received from Ministry of Coal yet. In view of above, the facts may be placed before FAC in its next meeting scheduled to be held on for their examination and appropriate recommendation. **** Sub: Agenda No. 5 F. No. 8-82/2016-FC Proposal for prior approval under section 2 (iii) of forest (conservation) act, 1980 for ha forest land for limestone mining at village naokari-kusumbi, dist. Chandrapur in favour of M/s Manikgarh Cement Ltd. 1. The State Government of Maharashtra vide their letter No. FLD-2016/CR-406/F-10 dated has forwarded an application of M/s Manikgarh Cement Limited for seeking prior approval under Section 2 (iii) of Forest Conservation Act, 1980 concerning over ha forest land for Limestone mining at village Naokari- Kusumbi, Dist.Chandrapur in favour of M/s Manikgarh Cement Ltd. 2. The above mentioned proposal was considered by the FAC in its meeting held on , , and The project is located in the Central Chanda Forest Division, District Chandrapur, Maharashtra 4. The legal status of the forest land is Reserved Forest 5. The area falls under Eco-class 3 and the vegetation density is The proposed area does not form part of National Park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant Corridor etc. 7. No protected archaeological/ heritage site/defence establishment or any other important monuments is located in the area. 8. No work of in violation of the Forest (Conservation) Act, 1980 has been carried out. 9. Complete Compliance of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is not given. 10. It is also mentioned that the Stage-II approval was accorded for diversion for ha in favour Manikgarh Cement Limited under Section 2 (ii) of Forest (Conservation) Act, 1980 vide this Ministry s letter no. 8-64/2001- FC dated Nodal Officer has recommended the proposal subject to certain conditions. 12. State Government of Maharashtra has recommended the proposal. 27 P a g e

28 13. Further, Ministry vide its letter no. 5-01/2017-FC dated was requested the State Governments to provide a list of existing mining leases executed on or before / status of validity of all mining leases which had been saved under the provisions of MMDR Act, 2015, and pending in this Ministry for consideration under Section 2 (iii) of Forest (Conservation) Act, The State Government of Maharashtra vide their letter no. FLD-2017/CR-80/F-10 dated has provided the status of various pending proposals including the present status of M/s Manikgarh Cement - The initial LOI for ha was issued by the State Government vide letter dt The first Mining lease for ha was executed on Out of ha ha forest area was surrendered vide Government of Maharashtra letter dt Out of the balance 493 ha forest land formal approval to the project for 264 ha was granted by Government of India vide letter dt The proposal for remaining 229 ( ha ha Jivati area) forest land under Section 2 (iii) of FCA, 1980 is under consideration at Government of India level. The matter is sub-judice in the Hon ble Bombay High Court, Nagpur Bench. 15. The project proposal was recommended by FAC in its meeting on but since there was ambiguity over the validity of letter of intent(loi) issued to theproject authority and the matter was subjudice so the competent authority preferred it to be reconsidered by FAC again on In its recommendation FAC on recommended not to grant permission to the state Government under section 2(iii) of FC Act till the final orders of the Hon ble High Court on applicability of provisions of section 10-A (2) (c) of MMDR Act.2015 are passed. 16. The project proponent vide their letter dated had submitted a copy of Hon ble Bombay High Court (Nagpur Branch) Judgement dated in response to Writ Petition No. 104 of 2017, in connection of Grant of prior approval under section 2 (iii) of forest (Conservation) Act, 1980 for ha forest land for Limestone mining at village Naokari-Kusumbi, Dist. Chandrapur in favour of M/s Manikgarh Cement Ltd.Hon ble Bombay High Court (Nagpur Branch) passed an order on stating that: The matter is heard and is being disposed of in the backdrop of orders passed in Writ Petition No. 126/2017. Here, the petitioner got first Mining lease on 17/08/1981 for period of 20 years. Steps for its renewal were initiated and Environmental Clearance was already given on When the provisions of Amended Act, 2015 came into force, the issue regarding Forest Clearance was already pending. The Forest Advisory Committee in the meeting conducted on has recommended the proposal for approval under section 2 (iii) of the Forest (Conservation) Act, The proceeding of Meeting of Forest Advisory Committee held on 20 th July, 2017 reveal that because of Guideline 2.1 (VI), the positive recommendation has not been accepted due to pendency of the present writ petition. This fact of case at hand and in Judgements/orders (supra) are identical. Hence, with similar observations and same directions, we partly allow the writ petition and dispose it of No order as to costs. 17. The Hon ble Court directed in Writ Petition No. 126/2017 that: it is apparent that the favourable recommendation to the Forest Advisory Committee dated needs to be looked into on merits by respondent No. 1 and pendency of petition before this court cannot be a ground to postpone it. Accordingly, we direct respondent No. 1 to consider that recommendation on merits, within a period of three months from today. 18. FAC in its meeting held on observed that the Hon ble Court has directed the respondent no -1, the Ministry of Mines, to look the matter on its merits. The FAC has recommended not to recommend the proposal submitted by the State Government under section 2(iii) for assignment of forest land on lease in favour of user agency M/S Manikgarh Cement Ltd in light of the absence of valid LOI in favour M/S Manikgarh Cement Ltd which lapsed under provisions of the sub section 10A (2)(C) of MMDR Amendment Act 2015 and sub rule 8(4) of the Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, The prior approval under section 2(iii) of FC Act can be granted only in favour those who has valid LOI at the time of grant of prior approval. Now in light of the Court order dated , the State government shall get the matter related to validity of LOI in favour of M/S Manikgarh Cement Ltd clarified from the ministry of mines and make necessary recommendations to the Ministry. If the LOI in favour of M/S Manikgarh Cement Ltd is found to be valid after then the certificate of validity of LOI may be submitted to the Ministry for consideration. The FAC after detailed discussion on the issue recommended that the present application under section 2(iii) may be kept in abeyance till a speaking order regarding validity of letter of intent (LOI) in favour of M/S Manikgarh Cement Ltd valid after is received from the competent authority in the state government in compliance of the Court order dated Accordingly, the recommendation of FAC, 28 P a g e

29 after obtaining approval of Hon ble MEF, was communicated to State Govt. vide this Ministry s letter of even no. dated (pg /c). 19. Now, Manikgarh Cement vide its letter dated (Pg. 451/c) informed that Stated Govt. of Maharashtra has issued clarification regarding validity of Mining lease vide their letter No. MMN-2201/C.R.150/Ind.9 dated , confirming that the entire Mining lease of 493 Ha, which includes an area of 229 Ha Forest land pending for approval under section 2(iii) of forest Conservation Act, 1980, is valid till and they requested to consider the said submission and accord necessary approval under section of 2(iii) of Forest Conservation Act 1980 for 229 ha Forest land, so that further action in this matter will be initiated for execution of Mining lease. 20. The State Govt. vide their letter no. MMN-2201/C.R.150/Ind.9 dated (Pg /c) as referred by the project proponent stated that (i) M/s Manikgarh Cement Ltd. has been granted mining lease for limestone over ha in village Naokari-Kusummbi, tah. Rajura, Dist-Chandrapur vide Government of Maharashtra, order dated Mining lease has been executed on dated The lessee has surrendered ha area out of ha area. Now the total remaining mining lease area is 493 ha. (ii) The lessee had applied to the State Government for renewal of mining lease over an area of 493 ha on dated The State Government has been granted renewal over ha area vide order dated and lessee has been informed to submit forest clearance for remaining area ha. (iii) The lessee has applied to MoEF, GoI for approval under Section 2 (iii) of Forest Conservation Act, 1980 for 229 ha area of forest land. Also, the lessee has obtained the NOC from MoEF, GoI by the letter dated for an area of 264 ha out of the total lease area 493 ha. (iv) The Section 10 A of the Mines and Mineral (Development and Regulation) Amendment Act, 2015, would be applicable in those cases where, before the commencement of the Amendment Act, 2015, a reconnaissance permit or prospecting licence has been granted and a letter of intent has been issued by the State Govt. to grant a mining lease. On the date of commencement of the Amendment Act, 2015, the said mining lease was already stood renewed, and, therefore, the present case would not under section 10 A 2 (C) of the Mines and Mineral (Development and Regulation) Amendment Act, 2015,. As per section 8 (a) (5) of the Mines and Mineral (Development and Regulation) Amendment Act, 2015, the extended period of the said mining lease is up to So there is no question about the legal validity of letter of intent issued for the said mining lease in favour of M/s Manikgarh Cement ltd. where the mining lease is already executed. The above facts may be placed before FAC in its next meeting to be held on for appropriate decision. **** Sub: Agenda No. 6 F. No. 8-32/2018-FC Proposal for diversion of ha of forest land under Forest (Conservation) Act, 1980 in Rajnandgaon Circle, Rajnandgaon for construction of Markatola Tank in favour of Water Resources Department, Rajnandgaon in Rajnandgaon District in the State of Chhattisgarh. 1. The State Government of Chhatisgarh vide their letter No. F-5-6/2018/10-2 dated submitted the above mentioned proposal seeking prior approval of the Central Government under Sectin-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 Proposal for diversion of ha of forest land under Forest (Conservation) Act, 1980 in Rajnandgaon Circle, Rajnandgaon for construction of Markatola Tank in favour of Water Resources Department, Rajnandgaon in Rajnandgaon District in the State of Chhattisgarh. 2. Location (i) State (ii) District Chhattisgarh Rajnandgaon 29 P a g e

30 3. Particulars of Forests: (i) Name of Forest Division and Forest area involved. Rajnandgaon Forest Division ha (ii) Legal status/sy.no. Protected Forest Land 4. Vulnerability to erosion Not prone to erosion 5. (i) Vegetation Not given (ii) Density (iii) No. of trees enumerated/to be actually 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 0.5, Site quality-v 7910 trees No No No 9. Approximate distance of the proposed site for diversion from boundary of forest. Proposed area is within the forest compartment 10. Whether any protected archaeological/ heritage No site/defence establishment or any other important monuments is located in the area. 11. Whether any work of in violation of the Forest No (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 Yes 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? Yes, Not obtained by the user agency 14. Compensatory Afforestation It is mentioned that the instant proposal has no exemption for 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 (v) Certificate from the competent authority regarding suitability of the area identified for CA and from management point of view. Nothing is mentioned about CA in Part-II of the form A. However, in the forwarding letter it is mentioned that the Compensatory Afforestation has been identified over ha. ( ha. in vill. Parevadeeh and ha in village Manhora) in double Orange forest land (Pg-01-02/c) Certificate for suitability of CA land is given for 100 ha stating that the proposed CA land falls within forest boundary, suitable for plantation, and there is no encroachment. (Pg-73-74/c) 15. Catchment Area Treatment CAT plan is not given by the project proponent stating that there is not requirement (Pg. 79/c) 30 P a g e

31 16. Rehabilitation of Oustees a) No of families involved b) Category of families c) Details of rehabilitation plan 17. Employment likely to be generated a) Whether the project is likely to generate employment b) Permanent/ Regular Employment (Number of person) c) Temporary Employment (Number of person-days) 18. Compliance of Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Nil NA NA Yes 19. Site Inspection Report by CF Pg-86-87/c FRA certificate is given (Pg-232/c). However, documentary evidences are not given. 20. Total period for which the forest land is 1 (One) year proposed to be diverted (in years) (Pg. 17/c) 21. Cost Benefit Ratio 1:0.468 (pg-43/c). Cost benefit ratio has not been calculated as per latest guidelines dated issued vide this Ministry. 22. Total Cost of the Project Rs (Rupees in lakhs) 23. Recommendation i. DFO Proposal is recommended subject to following conditions: (Pg-26/c) i. The project proponent shall not violate the provisions of Indian Forest Act, 1927, Wildlife (Protection) Act, 1972, Forest Conservation Act, 1980 and Biodiversity Act, ii. Clearing of forest land shall not be done and breaking of forest land shall not be done. iii. No damage to the flora and fauna shall be caused. iv. Environment shall not be polluted. v. Temporary road shall not be constructed in forest area. ii. CCF iii. PCCF/Nodal Officer iv State Government 24. 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 (Forest land) a. Forest land including penal CA b. Non Forest Land (v) Progress of Compensatory Afforestation a. Forest land b. Non Forest land Recommended (Pg-88/c) Recommended (Pg-89/c) Recommended (Pg-90/c) Sq. Km Sq. Km ha No No No No 3. The proposal pertains to requirement of forest land for construction of water tank by water resource department 4. It is proposed that the density of the protected forest is 0.5 and site quality is V. 5. It is reported that area is not significant from wild life point of view 6. It is reported that it does not forms part of National park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant Corridor, etc. 31 P a g e

32 7. It is reported that there is no protected archaeological/ heritage site/defence establishment or any other important monuments is located in the area 8. No work in violation of FCA 1980 has been carried out in the area. 9. Compensatory afforestation has been reported to have been proposed over ha of Orange Forest Land. 10. Cost benefit ratio has not been calculated as per latest guidelines dated issued by MoEF&CC. 11. DFO had recommended the proposal subject to following conditions: a) The project proponent shall not violate the provisions of Indian Forest Act, 1927, Wildlife (Protection) Act, 1972, Forest Conservation Act, 1980 and Biodiversity Act, b) Clearing of forest land shall not be done and breaking of forest land shall not be done c) No damage to the flora and fauna shall be caused. d) Environment shall not be polluted. e) Temporary road shall not be constructed in forest area. 12. The proposal is recommended by CCF, PCCF/Nodal and state government. 13. The said proposal was considered by the FAC in its meeting held on and recommended that the proposal may be submitted after receiving the reply on the following points: (i) Compensatory afforestation is proposed over 100 ha of Orange Forest land in lieu of forest area sought for diversion. On analysis on DSS it is observed that some compartment of the proposed CA area is falling in protected Forest. Since present proposal is a state government project, double degraded forest area for CA cannot be accepted and need reverification. State government shall revise the CA scheme and the area proposed for CA plantation and submit it along with DSS analysis report for consideration of FAC. (ii) Detail land use plan of the proposed area is not given. State government shall submit land use plan. (iii) As per enumeration list of trees to be felled submitted by state government it is observed that 7910 trees are to be felled but in DFO recommendation it is reported that cleaning of forest and breaking of land shall not be done. This recommendation of DFO may be clarified. (iv) As per description provided in the proposal it is mentioned that the total period for which forest land is proposed for diversion is only for one year. This detail need further clarification from state government (v) State government shall submit cost benefit analysis as per latest guidelines dated issued by MoEF&CC. 14. Accordingly, the State Government of Chhattisgarh vide this Ministry s letter dated (pg /c) requested to provide the information as mentioned in para (13) above for further necessary action. The Nodal Officer (FCA), Government of Chhattisgarh vide their letter No. Bhu-Praband/sinchai/425-61/2219 dated (pg /c) has submitted their reply. The information sought by MoEF&CC and reply thereof given by the State Government are as below: S. N. i Information sought by MoEF&CC Compensatory afforestation is proposed over 100 ha of Orange Forest land in lieu of forest area sought for diversion. On analysis on DSS it is observed that some compartment of the proposed CA area is falling in protected Forest. Since present proposal is a State Government project, double degraded forest area for CA cannot be accepted and need reverification. State government shall revise the CA scheme and the area proposed for CA plantation and submit it along with DSS analysis report for consideration of FAC. Reply submitted by the State Government It is reported by the State Govt. that in lieu of diversion of ha Forest land, the Collector Rajnandgaon vide his certificate dated has given no objection certificate for declaring Ha. Revenue forest land (Orange Forest land) as Forest land but due to unsuitability of the revenue forest land for plantation work. The plantation 1000 saplings per Hectare has been proposed over an area of Ha in the compt. No. 702 & 704 of Protected Forest land in adherence of the guideline dated issued by the Govt. of India. It is also reported that the above matter had already been communicated by the State Govt. vide their letter No. F 5-6/2018/10-2 dated at point no. 6 during submission of proposal to this Ministry. Thus, the State Govt. has not revised the CA. 32 P a g e

33 ii iii iv v Detail land use plan of the proposed area is not given. State government shall submit land use plan. As per enumeration list of trees to be felled submitted by state government it is observed that 7910 trees are to be felled but in DFO recommendation it is reported that cleaning of forest and breaking of land shall not be done. This recommendation of DFO may be clarified. As per description provided in the proposal it is mentioned that the total period for which forest land is proposed for diversion is only for one year. This detail need further clarification from state government. State government shall submit cost benefit analysis as per latest guidelines dated issued by MoEF&CC. In this regard, it is reported by the State Government that the proposed diversion area has been completely taken for dam construction and detailed as submitted by the User agency (Pg. 291/c) are as follows: S. No. Work Area (ha) 1. Left Bank Canal A Left Bank Canal B Approch Channel Tank Bund And Submergance 5. Spill Channnel 5.60 Total In this regard, it is reported by the State Government that the activities like cutting and clearing of trees and digging of land shall not be done in outside of the diverted forest area and nearby forest area. In this regard, it is reported by the State Government that after dam completion and till its existence the proposed diversion area shall be treated as deemed part of dam. The User agency has furnished undertaking in this regard (Pg. 292/c). It is reported by the State Government that the Cost Benefit Analysis is given in the prescribed format and the cost benefit ratio is 1:0.468 (Pg /c). 15. The instant proposal of prospecting for chromite has also been analyzed by the DSS Cell of this division and their report may kindly see at F/X. The major observations are as under: (a) In Case of Land proposed for Diversion: Calculated area of Shape file/ KML file of Forest land proposed for diversion is found ha. As per DSS analyzed report, the proposed area for diversion has dense tree cover and same can be seen in High Resolution satellite imagery.there is no WLS/ PA/ Tiger Reserve or Tiger Corridor is located within 10 Km radius of proposed area for diversion. (b) In Case of Compensatory Afforestation Land: Compensatory afforestation has been proposed over Protected Forest land & also over Non-forest/ Revenue land. CA has been provided in Four different patches falling under the Rajnandgaon district.total area of proposed Compensatory afforestation land is found 198 ha. as detailed below: Patch No Legal Status Protected Forest Protected Forest Revenue Land Revenue Land Range Compt No./ Khasra No. Area (Ha) VDF MDF OF NF Water Khujji Khujji Khujji Khujji KH NO 141/1 KH NO 492/ Total 198 ha is proposed for CA P a g e

34 As above, Out of total forest area proposed for CA, 66 ha of land is characterized with Moderately Dense Forest, 45 ha. of land as Open forest and 86 ha. of land as Non Forest in terms of forest classes (as per the ISFR 2015) based on the interpretation of satellite data period As depicted through High resolution satellite imagery, encroachment of Agricultural land is visible inside Compt. No. 704 which is proposed for CA. The above facts related to the proposal may be placed before FAC in its forthcoming meeting scheduled to be held on for examination and appropriate recommendation. **** Agenda No. 7 F. No /2018-FC Sub: Violation of Forest (Conservation) Act,1980 in Kathautia Coal Block in Jharkhand-regarding. The Government of Jharkhand vide their letter no. Van Bhoomi (vividh)- 14/ V.P. dated (pg /c) informed the following with a request to clarify the provisions of imposition of penalty in the guidelines issued vide 11-42/2017-FC dated : (i) The Kathautia Coal Block was allocated to M/s Usha Martin Ltd. by Ministry of Coal, Government of India for captive coal mining in the year (ii) The mining lease for an area of ha. out of a total area of ha. of Kathautia Coal Block for a period of 30 years was sanctioned in favour of Usha Martin Ltd. on by the Mining and Archaeological Department, Government of Jharkhand subject to certain conditions prescribed therein (pg /c). The mining lease was executed on and thereafter Usha Martin Ltd. started mining in the said coal block (pg /c). (iii) It is also mentioned by the State Govt. that as per the letter of PCCF dated , there is no notified forest land in accordance with Indian Forest Act,1927 in the sanctioned lease area to M/s Usha Martin Ltd (pg ). (iv) This Kathautia coal block was cancelled as per the order of Hon ble Supreme Court in the year of (v) The said coal block was allocated to M/s Hindalco Industries Ltd. on by Ministry of Coal s vesting order dated In continuing of vesting order, the mining lease for ha. out of a total area of ha. of Kathautia Coal Block was sanctioned in favour of M/s Hindalco Industries Ltd. by the Mining and Archaeological Department, Government of Jharkhand on The lease in favour of M/s Hindalco Industries Ltd. was executed by the Commissioner on and thereafter of M/s Hindalco Industries Ltd. started from April, 2017mining in the said coal block. (vi) Dy. Commissioner, Palamu vide his letter no dated (pg /c) has intimated to secretary (Revenue, Planning and land reform department) that: (a) in accordance with survey khatayan, out of total lease area of ha ( Acre), ha. ( Acre) was inspected and found that the status of ha ( Acre) was jungle Jhadi (deemed forest). (b) Due to ragged khatayans, ha was not inspected. (vii) As per Dy. Commissioner (Palamu) s letter no dated , it is mentioned that Acre land is not jungle-jhadi (pg /c). (viii) Prior permission for non- forestry use of forest land /deemed forest land (jungle jhadi) under FCA 1980 is required as per the order of Hon ble Supreme Court dated in civil petition no. 202/1995 (ix) A meeting on the issue of nature of land as per published record of rights was conveyed on under the Chairmanship of DGF&SS at New Delhi, wherein the following was clarified vide letter no. 7-90/2013 FC (Vol.V) dated : (a) Any forest land recorded in the Govt. records or (b) Any land having forest over it in dictionary meaning irrespective of its status shall not be utilized for non-forestry purposes (with effective from ). (c) Any change or revision in revenue records brought to change the land use as Forest/Junglate or similar meaning entry would also attract provision of Forest Conservation Act, 1980 so the issue may kindly be clarified to all Government entities in State of Jharkhand. 34 P a g e

35 In-connection with above clarification of the Ministry, the legal opinion is being sought by the State Govt. However, the clarification as given vide letter no. 7-90/2013 FC (Vol.V) dated (F/G) accepted then violation of the provisions of FCA, 1980 occurred in the instant case. (x) M/s Hindalco Industries Ltd. was directed by DFO, Medininagar vide his letter dated and DC(Palamau) s letter dated to start mining in said block, after getting approval under Section (ii) of FCA,1980, and against the said orders, M/s Hindalco Industries Ltd. filed a case vide IA No.6046/2017 before Hon ble High Court of Jharkhand on which the Hon ble Court directed: In the meantime, operation of the impugned letter contained in memo no dated (Annexure- 6) issued by the Division Forest Officer, Medininager, Palamau, and letter/memo No.1912 dated (Annexure-7) issued by Dy. Commissioner,Palamau shall remain stayed subject to the condition that the petitioner shall not undertake any mining operation so far as acres of leased area which is said to be recorded as Jungle Jhari in the earlier survey. (xi) Accordingly, this Ministry has decided to adopt following guidelines while imposing penalty in various cases, on the recommendations of FAC/REC after due deliberation in its meeting, for use of forest land for non-forestry purposes in violation of the provisions of the FCA, 1980, Rules made thereof and guidelines issued from time to time to implement FC Act and Rules: A: In cases where the proposal under FC Act has not been submitted and forest land is diverted without FC: i. Diversion of forest land for non-forestry purposes without the prior approval of the competent authority in the state will be dealt under the provisions of Indian Forest Act 1927 or State Forest Acts or any other State act dealing with such land as the case may be. The land in question will not be considered as diverted under FCA 1980 and the status of land shall continue to be Forest. ii. If the permission for use of forest land for non-forestry purposes have been granted by the state authority without the prior approval of the central government under section 2 of the Forest Conservation Act 1980 then action under section 3A and /or 3B of FC Act, as may be applicable shall be taken against the authority causing the diversion. A report with full details of violation shall be submitted by the State Government on the recommendation of the Forest Department of the State to the Ministry of Environment, Forests & Climate Change Government of India, New Delhi and formal enquiry shall be conducted by the Regional Office of the MoEF & CC. 2. In connection with Kathautia Coal Block in Jharkhand, Usha Martin Ltd. vide their letter dated addressed to DGF&SS has given a representation stating the following: i. Kathautia Coal Block in Daltonganj Coalfield in Jharkhand was allocated to Usha Martin Ltd by Ministry of Coal, Government of India vide its letter no /1(6)/2002-CPAM/CA dated 29 th September, 2003 (Annexure -1:Pg /c). The allocation letter was amended deleting Condition (iv) specifying underground mining method vide letter dated 21 st July, 2004 of the Ministry of Coal, Government of India (Annexure 2:Pg.244/c) ii. Prior to execution of Mining Lease with Usha Martin, the District Mining Officer, Daltonganj made enquires about the nature of land existing in Kathautia Coal Block from Circle Officer, Patan and Division Forest Officer, Daltonganj vide his letters 531/M and 532/M both dated (Annexure -3:pg /c). iii. Circle officer, Patan vide his letter no. 293 dated (Annexure 4: pg.249/c) submitted the information as follows. There was no mention of the presence of Jangal Jhari in the area. a. Applied area is not notified forest. b. Applied land comprise of pathway, houses, Tand-I, Tand II, Tand III, Dhan II, Dhan III and Parti and cultivation. c. Public Place, Religious Place, and Public Road have been marked on the list of plots given by Usha Martin. There is no cremation ground. d. Applied area is at a distance of about 3 KM from Forests. e. Plot wise list and the map of the area is being returned duly authenticated. iv. Division Forest Officer, Daltonganj North Forest Division after detailed investigation and inspection of the 938 ha area forwarded his comments as follows vide his report dated 3268 dated (Annexure 5: pg /c). a. Area of applied Plots is not a notified forest and is out of demarcated forest boundary. 35 P a g e

36 b. In light of the order of the Hon ble Supreme Court in WP 202/95, the nature of land was ascertained in accordance with Khatiyans. However, Khatyans in respect to 76 Plots were not available. c. The matter in respect to the 76 plot whose Khatiyans were not available was referred to Circle Officer Patan who vide his letter No. 333 dated confirmed that as per with the records available there is no mention of Jangal Jhari against any of the plots. d. The Deputy Collector Archive was thereafter approached vide letter 2913 dated who vide his letter dated confirmed that Khatiyans in respect to Villages Kathautia, Kajari and Batmara are torn and could not be issued. Copy of Khatian of Village Sakhnee Plot no.192 was available which was subsequently obtained by Usha Martin and submitted. e. Due to non-availability, Khatiyans of 75 plots could not be inspected. The Divisional Forest Officer, vide the above mentioned letter advised that based on the records and information available, he had no objection if coal mining lease is approved on the following conditions: (i) A written undertaking be taken from the company to the effect that the mining lease shall be cancelled in case mining is done in the adjoining forest area. (ii) In the light of the interim Order passed by the Hon ble Supreme Court, inspection could once again be done by the company to find out if there exists any plot under Jungle Jhari category in the land, applied for. (iii) The company shall not use forest road, for transportation of coal. (iv) The company shall arrange fire-wood, etc. on its own and for use by the labourers. (v) Lease Leased Area shall be demarcated by pucca pillars. v. Government of Jharkhand accorded approval for execution of lease deed (Annexure 6: pg /c) in respect to Kathautia Coal Block with Usha Martin incorporating conditions mentioned by the Divisional Forest Officer, Daltonganj vide its letter 523 dated Lease was between Usha Martin and the Govt. of Jharkhand was executed on vi. Allocation of Coal Blocks was cancelled by the Hon ble Supreme Court vide Judgement dated 25 th August, 24 th August read with Order dated 24 th Sept., 2014 and thereafter Ordinance (Annexure 7: pg /c) was issued by the Government of India. vii. Auction of the Kathautia mine was subsequently conducted by the Ministry of Coal and Vesting Order (Annexure 8 :pg /c) was issued in favour of successful bidder Hindalco Industries Ltd on Lease with Hindalco was executed by the State Government on viii. Deputy Commissioner, Palamu who himself executed the mining lease on with Hindalco, submitted a report on to the State Government that out of ha leased area ha ( acre) was found Jangal Jhari and Khatians of acre land could not be inspected as Khatians were damaged. He further mentioned that as per the current survey nature of the said acre land is not Jangal Jhari. ix. The State Government vide its letter dated has approached your office seeking guidance in respect to recovery of amount from Hindalco as well as Usha Martin on account of obtaining forest diversion of Jangal Jhari area despite of the known fact that Usha Martin s allocation of Coal Block was cancelled by the Hon ble Supreme Court in August, It is further mentioned by the Usha Martin Ltd. in their representation that as above, there is no lapse on part of Usha Martin and State Government had made extensive enquiries from concerned departments in respect to nature of land and lease was executed thereafter. Usha Martin would have obtained permission for forest diversion had presence of Jangal Jhari area was known during its lease tenure and would have received compensation towards cost/charges it would have incurred in the process from the present allottee. Usha Martin had started mining on small area of 39 acres of the acre area now declared as Jangal Jhari when the block was deallocated. The State Government is not releasing Usha Martin s about Rs. 103 Cr. deposited by Usha Martin on account of land acquisition till the advice on this matter is received from the MoEF&CC and requested to kindly forward a clarification and advice to the State of Jharkhand. 36 P a g e

37 The above facts may be placed before FAC in its forthcoming meeting scheduled to be held on for their examination and appropriate recommendation. **** Agenda No. 8 F. No. 5-3/2007-FC (Pt.) Sub.: Request for partial withdrawal of M/o EF&CC guidelines dated for stipulating the norms for Survey and Investigation (Prospecting of Ores) on forest land. This Ministry received representations from the Ministries of Mines, Coal and Petroleum and Natural Gas to relax the existing guidelines to exempt drilling of bore-holes per sq. km in forest area for prospecting of minerals from the requirement of obtaining prior approval of the Central government under the Forest (Conservation) Act, Accordingly, the proposal for increasing the density of bore holes per hectare for the purpose of exploration of minerals under Forest Conservation Act. was discussed in FAC on and FAC after thorough deliberation with representatives of Ministry of Coal, observed that the exploratory drilling for prospecting of mineral ore over an area of about 10 m x 10 m per drilling site is a non-forestry activity and drilling of 20 such drilling will certainly affect the forest and wildlife. 2. With the approval of competent authority on the recommendation of Forest Advisory Committee in connection with prospecting of minerals to further simplify the process of grant of approval under the FCA, 1980 for prospecting of mineral in forest areas, the Ministry issued a guideline on stating the following: i. The prospecting of minerals by drilling bore holes for collecting seismic waves and collecting mineral samples constitutes non-forestry activities for the purpose of Forest Conservation Act. ii. The user agency shall apply online for diversion of forest area as per the procedure laid down by MoEF&CC from time to time. iii. General approval may be accorded to the state government by the MoEF&CC for prospecting of minerals in forest land having average weighted crown density up to 40 % as per the latest FSI report. iv. In case of coal, lignite and metallic ores - test drilling up to 20 boreholes of maximum 8 dia per 1.0 sq km and in case of non-metallic ores excluding coal & lignite - test drilling up to 16 boreholes of maximum 6.6 dia per 1.0 sq km for prospecting exploration or reconnaissance operations, without felling of trees, may be allowed by state government. In all other cases involving more number of drilling of bore holes, prior permission of Central Government under the Act would be required. v. In case of seismic survey for exploration of hydro carbon the user agency shall pay of 2.0 per cent of the total prospecting lease area in which exploration/prospecting /survey is proposed. The amount shall be deposited online in the Adhoc CAMPA. State government shall get the amount verified from Adhoc CAMPA prior to allowing actual work on ground. vi. In case of survey for coal, lignite, ferrous and non-ferrous minerals using core drilling technology in forestland having crown density upto 40%, the prospecting agency shall pay of 5.0 per cent of the total prospecting lease area in which exploration/prospecting /survey is proposed. The amount shall be deposited online in the Adhoc CAMPA. State government shall get the amount verified from Adhoc CAMPA prior to allowing actual work on ground. vii. In case of survey for coal, lignite, ferrous and non-ferrous minerals using core drilling technology in forestland having crown density between 40 to 70 percent, the State Government shall forward the application to the Regional Office of the Ministry for consideration. The proposal will be considered in the REC and if recommended then the approval will be granted with mandatory condition inter alia that user agency will pay of 10.0 per cent of the total prospecting lease area in which exploration/prospecting /survey is proposed. viii. The NPV deposited for prospecting will not be adjusted against the diversion proposal of forest land under section 2 of FCA 1980.The amount will be non-refundable as well non-adjustable. ix. User agency shall submit complete plan of operation for prospecting in the entire forest area in the mining block prior to start of work to the Nodal officer of the state. x. User agency shall prepare a plan to plant 20 tall trees per bore-hole area. The cost of preparation of plan and plantation shall be borne by the user agency. State government shall ensure that the plants are planted on abandoned bore-hole area and degraded forest land as per prescription of working plan in a contiguous patch. xi. The user agency shall engage ICFRE to conduct study on the impact numbers of bore holes for prospecting over 37 P a g e

38 forest and wild life of the area and suggest mitigation measures. The design of study shall be approved by MoEF&CC. xii. Prospecting in protected areas such as national parks, wildlife sanctuaries, biosphere reserve, Tiger reserves, corridors, pristine forests identified by State and Central Government etc. shall not be allowed. xiii. The delegation of power to grant permission for prospecting by the state government shall be valid for 5 years only and will be reviewed after expiry of five years. 3. The Ministry further received representation given by Federation of Indian Mineral Industries (FIMI) forwarded by NITI Aayog, NRE Vertical-E&F Division, Government of India, New Delhi vide their OM letter No /2(2)/2015-E&F dated 31st May, 2018 vide which partial withdrawal of M/o EF & CC guidelines for stipulating the norms for Survey and Investigation (Prospecting of Ores) on forest land was sought. This issue was considered by the FAC in its meeting held on Recommendation of FAC on : After thorough deliberation and discussion with APCCF, Regional Office, Bhopal, Nagpur, Bhubaneswar, Bangalore, Chennai and Nodal Officers of Maharashtra, Karnataka, Madhya Pradesh recommended that following conditions in MoEF&CC guidelines no 5-3/2007-FC dated may be modified as: (i) Condition no X of the guidelines states that User agency shall prepare a plan to plant 20 tall trees per bore-hole area. The cost of preparation of plan and plantation shall be borne by the user agency. State government shall ensure that the plants are planted on abandonedbore-hole area and degraded forest land as per prescription of working plan in a contiguous patch. It shall be read as: User agency shall prepare a plan to plant 20 tall trees per bore-hole area. The cost of preparation of plan and plantation shall be borne by the user agency. State government shall ensure that the plants are planted on abandoned bore-hole area or degraded forest land as per prescription of working plan. (ii) The condition no XI states that The user agency shall engage ICFRE to conduct study on the impact numbers of bore holes for prospecting over forest and wild life of the area and suggest mitigation measures. The design of study shall be approved by MoEF&CC. This condition is recommended to be deleted: FAC recommended that the guideline no 5-3/2007-FC dated 09/05/2018 shall be modified accordingly. 5. While the file s processed to solicit the approval of MEF on the recommendation of FAC it was decided that the issue of imposition of of 10 % of the total prospecting lease area in which exploration/prospecting /survey and the NPV deposited for prospecting will not be adjusted against the diversion proposal of forest land under Section 2 of FCA 1980, and the amount will be non-refundable as well non-adjustable, shall be reviewed in next FAC meeting. 6. It is also mentioned that IA division vide their OM No. Z-11013/19/2017-IA(M) dated (F/M) forwarded a copy of minutes of meeting held on between the Secretary (EF&CC) and Secretary (MoC) to review environment /forest clearance to coal mining projects / washeries. With regard to issues related to forest clearance for exploration of coal in forest areas, it is mentioned in the Minutes that : To address the concerns of Ministry of Coal regarding enhancement of boreholes density for coal exploration in forest areas, the matter was last discussed by the Forest Advisory committee in its meeting held on 19 th June, It was informed that the matter relating to payment of NPV for exploration activities requires more deliberation and examination of different court orders. Ministry of coal informed that the regional/detailed exploration of coal from non CIL blocks is funded through central sector schemes. Paying huge NPV from this fund would charged in proportion to the actual diversion forest land (0.07%). Secretary (EF&CC) appreciated the concern and assured to look into the matter. 38 P a g e

39 7. The Ministry of Mines, Ministry of Coal and Govt. of Jharkhand in a meeting held on under the Chairmanship of Hon ble Minister at Indira Paryavaran Bhavan(IPB), New Delhi raised the issue of imposition of NPV in the guidelines as issued vide this Ministry s letter no. 5-03/2007-FC dated for prospecting. The details are as under: S. Ministry/ State Issue raised No. i. Ministry of Mines It is stated by the Ministry of Mines that the imposition of 5-10% Net Present Value (NPV) for taking up the exploration and also make it to engage ICFRE to conduct study on the impact and suggest mitigation measures, of which, the design also shall be approved by MoEFCC. It is estimated that the cost of carrying out exploration will increase manifold due to the imposition of 5-10 % NPV and will in turn lead to more delays in the explorations. Under the garb of relaxation of the said guidelines, in fact more restrictions have been imposed on explorations. This will adversely affect the mineral exploration which is essential for mineral development in the country. In view of above, it is requested that the condition of imposition of NPV for prospecting operations and requirement of impact study to be done through ICFRE need to be reviewed by MoEFCC to create a favourable regime for encouraging exploration activities and the earlier request of exempting up to 20 boreholes/sq. Km. for prospecting of minerals in forest areas may be allowed for. This will not only enable accurate assessment of mineral resources, but is also essential for scientific and optimal mining for minimizing the impact on environment. ii. Ministry of Coal Ministry of Coal mentioned that the Exploring drilling in the forest areas is a temporary event lasting for a maximum of about 10 days and that too only during day time. The area covered for exploration is generally less than 0.07% of the area per sq.km. No permanent change in caused to the forest land during the exploratory drilling process by CMPDI. Similarly, the surface geophysical survey by CMPDI neither require any bore hole to be drilled nor explosive charge is blasted. Rather, CMPDI uses either hammer or vibrosis for generating seismic waves. The exploration activity by CMPDI, neither involve felling of trees nor making of new roads in forest areas. CMPDI takes up exploratory drilling mainly in open canopy area wherever approach is available. Whereas, as per notification No. F.No. 5-3/2007-FC dated 9 th May, 2018, it is stipulated to apply online for diversion of forest for drilling purpose. The following is submitted in this regard: a) Drilling does not require diversion of forest land. Therefore, for undertaking drilling activities, the required formalities need to be cut short. b) It should specify the process of application for grant of general approval for drilling in forest having crown density less than 40%. c) Since there is little disturbance to flora and fauna population in the forest due to drilling, payment of in case of crown density up-to 40% and in case of crown density from 40-70% is not justified. This is so because there is no diversion of forest land for exploration and impact is negligible. This amount is non-refundable and non-adjustable. This will require huge capital expenditure and will be a repeat expenditure on account of CAMPA as mining companies have to pay it again for diversion of forest for mining purpose. d) The notification provides for cost to be borne by user agency for planting 20 tall trees per bore hole. This will incur additional expenses. 39 P a g e

40 e) It is suggested that the provisions contained in the Forest (Conservation) Act, 1980 dated may be simplified as In case of coal, lignite-test drilling upto 7 (seven) boreholes of maximum 6 dia per sq. km. for prospecting, exploration or reconnaissance operations, without felling of trees, shall not attract the provisions of the Act. 2.The above issue was also deliberated in the joint meeting held on 2nd July, 2018 between the Secretary (Coal) and Secretary (EF&CC) to review EC/FC to Coal mining projects/washeries. As informed, the matter has been discussed in the Forest Advisory Committee in its meeting on wherein it was informed that the matter relating to payment of NPV for exploration activities requires more deliberation and examination of different court orders. 3. MoC also informed that the regional/ detailed exploration of coal from non-cil blocks is funded through Central Sector Schemes. Paying huge NPV from this fund would reduce the output of exploration meterage. It was also insisted that if at all NPV to be charged, it should be charged in proportion to the actual diversion of forest land (0.07% approx.). Secretary (EF&CC) assured to look into the matter. iii. Govt. of Jharkhand With reference to notification no 5-3/2007/FC dated , for prospecting in forest area, the user agency shall pay NPV at the rate of 2%, 5% or 10% of the total prospecting lease area depending on average weighted crown density, type of minerals and technology used. Payment of NPV when the presence of mineral itself is not certain is not reasonable and therefore the user agency may not be asked to pay NPV during prospecting. In view above, the facts may be placed before FAC scheduled to be held on for their examination and appropriate recommendation. **** Agenda No. 9 F. No 13-34/2016-CAMPA Sub: Discussion on the report of Sh. Tejinder Singh Committee for imposition of various conditions while issuing Stage-I and Stage-II conditions along with template of forwarding letter with regard to various categories projects under FCA, A committee under the chairmanship of Dr. Tejendre Singh, Addl. PCCF (Central), Regional Office, MoEF&CC, Bhopal was constituted vide order no /2016-CAMPAdated to consider and make recommendations on monitoring of projects undertaken with financial assistance from the corpus held with Ad-hoc Compensatory Afforestation Fund Management and Planning Authority. 1) To develop the frame work for monitoring of allworks undertaken from the Compensatory Afforestation Funds, released by the Ad-hoc CAMPA : 2) To develop proper forms to be filled and submitted for monitoring; 3) To analyse the existing conditions and develop the standard and general conditions to be stipulated in the forest clearance granted under the FC Act These conditions should be quantifiable, measurable visible and monitor able by the authorities responsible for monitoring of compliance of these conditions; 4) To suggest agencies which may be registered for monitoring of the works and suggest the terms and conditions proposed and submitted with the monitoring report, as Annexure. 2. The matter with respect to Terms of Reference mentioned at point no. 1, 2 and 4 of TOR was discussed. A presentation regarding monitoring protocol for plantation done under FDA was made by Shri Rajesh 40 P a g e

41 Kumar of Forest Survey of India. Representative of Forest Survey of India informed that EFC memo for monitoring has already been prepared and approved by Forest Survey of India and available with FSI. The only constraint is funds. Therefore, Committee unanimously decided that the entire monitoring work required to be carried out under CAMPA may be given to FSI who already has detailed monitoring protocol prepared for this purpose. It was further decided that MoEF&CC may have detailed discussion with FSI with regard to requirement of funds and other logistic support for carrying out monitoring work. Further committee also decided that later a meeting with Regional Offices and ICFRE may also be called to know the way they can be involved in monitoring work with FSI. 3. The standard Stage-I and Stage-II conditions along with template of forwarding letter with regard to various categories projects was discussed and finalized as attached as below: Draft Stage-I : Hydro Electric Project भ रत सरक र GOVERNMENT OF INDIA पर य वरण, वन और जलवयर पररवर न म त रयलर MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: Date :. To, The Addl. Chief Secretary (Forest),...,...,..., Sub: Diversion of ha of Reserved / Protected forest land for Hydro Electric Project project. Ref : Minutes of Meeting of FAC/ REC letter No. dated.. Sir, I am directed to invite a reference to State Govt. letter No.. dated..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, The proposal was considered and approved by the FAC / REC in its meeting held on. for issuance of Inprinciple approval. Therefore, the undersigned, on behalf of the Central Government conveys In-principle approval for diversion of ha of Reserved / Protected forest land for Hydro Electric Project project subject to the following terms and conditions:- 1. Compensatory afforestation: a) Compensatory afforestation shall be taken up by the Forest Department over.. ha Non-forest land / degraded forest land (Compartment no. / Khasra No., Village-, Tehsil-., District- ) at the cost of the User Agency. As far as practicable a mixture of local indigenous species will be planted and monoculture of a species has to be avoided. b) The non-forest land shall be transferred and mutated in favour of Forest Department. 41 P a g e

42 2. The cost of compensatory afforestation at the prevailing wage rates as per compensatory afforestation scheme and the cost of survey, demarcation and erection of permanent pillars if required on the CA land shall be deposited in advance with the Forest Department by the project authority. The CA will be maintained for 10 years. The scheme may include appropriate provision for anticipated cost increase for works scheduled for subsequent years. 3. NPV: a) The State Government shall charge the Net Present Value(NPV) for the ha forest area to be diverted under this proposal from the User Agency as per the orders of the Hon ble Supreme Court of India dated 30/10/2002, 01/08/2003, 28/03/2008, 24/04/2008 and 09/05/2008 in IA No. 566 in WP (C) No. 202/1995 and as per the guidelines issued by the Ministry vide letters No. 5-1/1998-FC (Pt.II) dated 18/09/2003, as well as letter No. 5-2/2006-FC dated 03/10/2006 and 5-3/2007-FC dated 05/02/2009 in this regard. b) Additional amount of the NPV of the diverted forest land, if any, becoming due after finalization of the same by the Hon ble Supreme Court of India on receipt of the report from the Expert Committee, shall be charged by the State Government from the User Agency. The User Agency shall furnish an undertaking to this effect. 4. The cost of felling of trees shall be deposited by the User Agency with the State Forest Department. 5. Copy of approved Catchment Area Treatment (CAT) Plan, if applicable shall be submitted in accordance to para no. 4.8 (i) of Forest (Conservation) Act, 1980 Handbook. 6. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 7. All the funds received from the user agency under the project shall be transferred/ deposited to CAMPA fund only through e.portal ( 8. The compliance report shall be uploaded on e.portal ( After receipt of compliance report on fulfillment of above conditions from the State Government, proposal will be considered for final approval under Section 2 of the Forest (Conservation) Act, 1980 by this office. The order for transfer of forest land to user agency shall not be done by the State Government till Formal approval / Stage-II approval for diversion of forest land is issued from this office. Yours faithfully, ( ) Dy. Conservator of Forests (Central) Draft Stage-II : Hydro Electric Project भ रत सरक र GOVERNMENT OF INDIA पर य वरण, वन और जलवयर पररवर न म त रयलर ; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: Date :. To, The Addl. Chief Secretary (Forest),...,..., 42 P a g e

43 ..., Sub: Diversion of ha of Reserved / Protected forest land for Hydro Electric Project project. Ref: 1) This office In-principle approval letter No...dated.. 2) State Govt. letter No...dated.. 3) Online payment transaction date.. Sir, I am directed to invite a reference to State Govt. letter No.... dated..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, The Central Government vide letter (1) referred above had agreed in principle for diversion of ha Reserved / Protected Forest land of above forest land for the purpose mentioned above subject to the fulfilment of certain conditions of In-principle approval. The State Government vide letter (2) referred above has reported compliance on the fulfillment of all the stipulated conditions of In-principle approval. Now therefore, the undersigned is hereby directed to convey formal approval of the Government of India under Section 2 of the Forest (Conservation) Act, 1980 for diversion of ha of Reserved / Protected forest land for Hydro Electric Project of State Govt.. subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ha non-forest / degraded forest land (Compartment / Khasra No., Village-, Tahsil-.., District-..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department for the purpose of compensatory afforestation shall be declared as Reserved Forest under Section-4 or Protected Forest under Section-29 of the Indian Forest Act, 1927 or under the relevant Section(s) of the StateForest Act. The Nodal Officer, Forest (Conservation) Act, 1980 may report compliance within a period of six (6) months from the date of grant of final approval and send a copy of the original notification declaring the non-forest land under Section 4 or Section 29 of the Indian Forest Act, 1927, or under the relevant section of the State Forest Act as the case may be, to this Office for information and record; 4. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 5. User Agency shall restrict the felling of trees to minimum numbers in the diverted forest land and trees shall be felled under strict supervision of the State Forest Department. 6. The felling of trees shall be restricted to FRL-4 meter only and felling of trees shall be carried out by the State Forest Department. Number of trees to be removed shall be kept at barest minimum during the execution of the project. 7. The Catchment Area Treatment Plan (CAT) shall be implemented as per approved scheme. 8. User agency shall undertake afforestation along the periphery of the reservoir. 9. User Agency shall obtain Environmental Clearance as per the provisions of the Environmental (Protection) Act, 1986, if applicable. 10. The layout plan of the proposal shall not be changed without prior approval of Central Government. 11. No labour camp shall be established on the forest land. 12. Sufficient firewood, preferably the alternate fuel, shall be provided by the User Agency to the labourer after purchasing the same from the State Forest Department or the Forest Development Corporation or any other legal source of alternate fuel. 43 P a g e

44 13. The boundary of the diverted forest land shall be suitably demarcated on ground at the project cost, as per the directions of the concerned Divisional Forest Officer. 14. No additional or new path will be constructed inside the forest area for transportation of construction materials for execution of the project work. 15. The period of diversion under this approval shall be co-terminus with the period of lease to be granted in favour of the user agency or the project life, whichever is less. 16. The User Agency and the State Government shall ensure compliance of all the Court orders, provisions, rules, regulations and guidelines for the time being in force as applicable to the project. 17. The forest land shall not be used for any purpose other than that specified in the project proposal. 18. User agency shall provide free water for forestry related activities/ projects. 19. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Govt. of India. 20. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No /2017-FC dt 29/01/ Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests & wildlife. Yours faithfully, ( ) Dy. Conservator of Forests (Central) Draft Stage-I : Industry Project भ रत सरक र GOVERNMENT OF INDIA पर य वरण, वन और जलवयर पररवर न म त रयलर ; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: Date :. To, Sub: The Addl. Chief Secretary (Forest),...,...,..., Diversion of ha of Reserved / Protected forest land for Industry project in State Govt. of. Ref :Minutes of Meeting of FAC/ REC letter No. dated.. Sir, I am directed to invite a reference to State Govt. letter No.. dated..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, The proposal was considered and approved by the FAC / REC in its meeting held on. for issuance of Inprinciple approval. Therefore, the undersigned, on behalf of the Central Government conveys In-principle approval for diversion of ha of Reserved / Protected forest land for Industry project subject to the following terms and conditions:- 1. Compensatory afforestation: 44 P a g e

45 a) Compensatory afforestation shall be taken up by the Forest Department over.. ha Non-forest land / degraded forest land (Compartment no. / Khasra No., Village-, Tehsil-., District- ) at the cost of the User Agency. As far as practicable a mixture of local indigenous species will be planted and monoculture of a species has to be avoided. b) The non-forest land shall be transferred and mutated in favour of Forest Department. 2. The cost of compensatory afforestation at the prevailing wage rates as per compensatory afforestation scheme and the cost of survey, demarcation and erection of permanent pillars if required on the CA land shall be deposited in advance with the Forest Department by the project authority. The CA will be maintained for 10 years. The scheme may include appropriate provision for anticipated cost increase for works scheduled for subsequent years. 3. NPV: a) The State Government shall charge the Net Present Value(NPV) for the ha forest area to be diverted under this proposal from the User Agency as per the orders of the Hon ble Supreme Court of India dated 30/10/2002, 01/08/2003, 28/03/2008, 24/04/2008 and 09/05/2008 in IA No. 566 in WP (C) No. 202/1995 and as per the guidelines issued by the Ministry vide letters No. 5-1/1998-FC (Pt.II) dated 18/09/2003, as well as letter No. 5-2/2006-FC dated 03/10/2006 and 5-3/2007-FC dated 05/02/2009 in this regard. b) Additional amount of the NPV of the diverted forest land, if any, becoming due after finalization of the same by the Hon ble Supreme Court of India on receipt of the report from the Expert Committee, shall be charged by the State Government from the User Agency. The User Agency shall furnish an undertaking to this effect. 4. The cost of felling of trees shall be deposited by the User Agency with the State Forest Department. 5. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 6. All the funds received from the user agency under the project shall be transferred/ deposited to CAMPA fund only through e.portal ( 7. The compliance report shall be uploaded on e.portal ( After receipt of compliance report on fulfillment of above conditions from the State Government, proposal will be considered for final approval under Section 2 of the Forest (Conservation) Act, 1980 by this office. The order for transfer of forest land to user agency shall not be done by the State Government till Formal approval / Stage-II approval for diversion of forest land is issued from this office. Yours faithfully, ( ) Dy. Conservator of Forests (Central) Draft Stage-II : Industry Project भ रत सरक र GOVERNMENT OF INDIA पर य वरण, वन और जलवयर पररवर न म त रयलर ; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: Date :. 45 P a g e

46 To, The Addl. Chief Secretary (Forest),...,...,..., Sub: Diversion of ha of Reserved / Protected forest land for Industry project. Ref: 1) This office In-principle approval letter No...dated.. 2) State Govt. letter No...dated.. 3) Online payment transaction date.. Sir, I am directed to invite a reference to State Govt. letter No.... dated..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, The Central Government vide letter (1) referred above had agreed in principle for diversion of ha Reserved / Protected Forest land of above forest land for the purpose mentioned above subject to the fulfilment of certain conditions of In-principle approval. The State Government vide letter (2) referred above has reported compliance on the fulfillment of all the stipulated conditions of In-principle approval. Now therefore, the undersigned is hereby directed to convey formal approval of the Government of India under Section 2 of the Forest (Conservation) Act, 1980 for diversion of ha of Reserved / Protected forest land for Industry project subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ha non-forest / degraded forest land (Compartment / Khasra No., Village-, Tahsil-.., District-..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department for the purpose of compensatory afforestation shall be declared as Reserved Forest under Section-4 or Protected Forest under Section-29 of the Indian Forest Act, 1927 or under the relevant Section(s) of the State Forest Act. The Nodal Officer, Forest (Conservation) Act, 1980 may report compliance within a period of six (6) months from the date of grant of final approval and send a copy of the original notification declaring the non-forest land under Section 4 or Section 29 of the Indian Forest Act, 1927, or under the relevant section of the State Forest Act as the case may be, to this Office for information and record; 4. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 5. User Agency shall restrict the felling of trees to minimum numbers in the diverted forest land and trees shall be felled under strict supervision of the State Forest Department. 6. User Agency shall obtain the Environmental Clearance as per the provisions of the Environmental (Protection) Act, The user agency shall maintain green belt (33%) within the allotted area as per the directions of the concerned Divisional Forest Officer. 8. No labour camp shall be established on the forest land. 9. The User Agency shall provide firewood preferably alternate fuels to the labourers and the staff working at the site so as to avoid any damage and pressure on forest areas. 10. The boundary of the diverted forest land shall be suitably demarcated on ground at the project cost as per the directions of concerned Divisional Forest Officer. 11. The forest land shall not be used for any purpose other than that specified in the project proposal. 46 P a g e

47 12. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Central Government. 13. The concerned Divisional Forest Officer, will monitor and take necessary mitigative measures to ensure that there is no adverse impact on the forests in the surrounding area. 14. The User Agency and the State Government shall ensure compliance of all the Court orders, provisions, rules, regulations and guidelines for the time being in force as applicable to the project. 15. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No /2017-FC dt 29/01/ Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests &wildlife. The State Government shall ensure compliance of all the above conditions. Yours faithfully, (..)..(C) Draft Stage-I : Irrigation Project भ रत सरक र GOVERNMENT OF INDIA पर य वरण, वन और जलवयर पररवर न म त रयलर ; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: Date :. To, Sub: The Addl. Chief Secretary (Forest),...,...,..., Diversion of. ha Reserved / Protected Forest land for construction of. Irrigation project in state Govt... Ref : Minutes of Meeting of FAC / REC letter No. dated.. Sir, I am directed to invite a reference to State Govt. letter No.. dated.. on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, The proposal was considered and approved by the FAC / REC in its meeting held on. for issuance of In-principle approval. Therefore, the undersigned, on behalf of the Central Government conveys In-principle approval for diversion of. ha Reserved / Protected Forest land for construction of. Irrigation project in state Govt... subject to the following terms and conditions:- 1. Compensatory afforestation: a) Compensatory afforestation shall be taken up by the Forest Department over.. ha Non-forest land / degraded forest land (Compartment no. / Khasra No., Village-, Tehsil- 47 P a g e

48 ., District- ) at the cost of the User Agency. As far as practicable a mixture of local indigenous species will be planted and monoculture of a species has to be avoided. b) The non-forest land shall be transferred and mutated in favour of Forest Department. 2. The cost of compensatory afforestation at the prevailing wage rates as per compensatory afforestation scheme and the cost of survey, demarcation and erection of permanent pillars if required on the CA land shall be deposited in advance with the Forest Department by the project authority. The CA will be maintained for 10 years. The scheme may include appropriate provision for anticipated cost increase for works scheduled for subsequent years. 3. NPV: a) The State Government shall charge the Net Present Value(NPV) for the ha forest area to be diverted under this proposal from the User Agency as per the orders of the Hon ble Supreme Court of India dated 30/10/2002, 01/08/2003, 28/03/2008, 24/04/2008 and 09/05/2008 in IA No. 566 in WP (C) No. 202/1995 and as per the guidelines issued by the Ministry vide letters No. 5-1/1998-FC (Pt.II) dated 18/09/2003, as well as letter No. 5-2/2006-FC dated 03/10/2006 and 5-3/2007-FC dated 05/02/2009 in this regard. b) Additional amount of the NPV of the diverted forest land, if any, becoming due after finalization of the same by the Hon ble Supreme Court of India on receipt of the report from the Expert Committee, shall be charged by the State Government from the User Agency. The User Agency shall furnish an undertaking to this effect. 4. The cost of felling of trees shall be deposited by the User Agency with the State Forest Department. 5. Copy of approved Catchment Area Treatment (CAT) Plan shall be submitted in accordance to para no. 4.8(i) of Forest (Conservation) Act, 1980 Handbook, if applicable. 6. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 7. All the funds received from the user agency under the project shall be transferred/ deposited to CAMPA fund only through e.portal ( 8. The compliance report shall be uploaded on e.portal ( After receipt of compliance report on fulfillment of above conditions from the State Government, proposal will be considered for final approval under Section 2 of the Forest (Conservation) Act, 1980 by this office. The order for transfer of forest land to user agency shall not be done by the State Government till Formal approval / Stage-II approval for diversion of forest land is issued from this office. Yours faithfully, ( ) Dy. Conservator of Forests (Central) Draft Stage-II : Irrigation Project भ रत सरक र GOVERNMENT OF INDIA पर य वरण, वन और जलवयर पररवर न म त रयलर ; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: Date :. 48 P a g e

49 To, Sub: The Addl. Chief Secretary (Forest),...,...,..., Diversion of. ha Reserved / Protected Forest land for construction of. Irrigation project in state Govt... Ref: 1) This office In-principle approval letter No...dated.. 2) State Govt. letter No...dated.. 3) Online payment transaction date.. Sir, I am directed to invite a reference to State Govt. letter No.... dated..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, The Central Government vide letter (1) referred above had agreed in principle for diversion of ha Reserved / Protected Forestland of above forest land for the purpose mentioned above subject to the fulfilment of certain conditions of In-principle approval. The State Government vide letter (2) referred above has reported compliance on the fulfillment of all the stipulated conditions of In-principle approval. Now therefore, the undersigned is hereby directed to convey formal approval of the Government of India under Section 2 of the Forest (Conservation) Act, 1980 for diversion of ha Reserved / Protected Forest land for construction of. Irrigation project in state Govt... subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ha non-forest / degraded forest land (Compartment / Khasra No., Village-, Tahsil-.., District-..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department for the purpose of compensatory afforestation shall be declared as Reserved Forest under Section-4 or Protected Forest under Section-29 of the Indian Forest Act, 1927 or under the relevant Section(s) of the StateForest Act. The Nodal Officer, Forest (Conservation) Act, 1980 may report compliance within a period of six (6) months from the date of grant of final approval and send a copy of the original notification declaring the non-forest land under Section 4 or Section 29 of the Indian Forest Act, 1927, or under the relevant section of the State Forest Act as the case may be, to this Office for information and record; 4. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 5. The felling of trees shall be restricted to FRL-4 meter only and felling of trees shall be carried out by the State Forest Department. Number of trees to be removed shall be kept at barest minimum during the execution of the project. 6. User Agency shall obtain Environmental Clearance as per the provisions of the Environmental (Protection) Act, 1986, if applicable. 7. User agency shall undertake afforestation along the periphery of the reservoir. 8. The layout plan of the proposal shall not be changed without prior approval of Central Government. 9. No labour camp shall be established on the forest land. 10. Sufficient firewood, preferably the alternate fuel, shall be provided by the User Agency to the labourer after purchasing the same from the State Forest Department or the Forest Development Corporation or any other legal source of alternate fuel. 49 P a g e

50 11. The boundary of the diverted forest land shall be suitably demarcated on ground at the project cost, as per the directions of the concerned Divisional Forest Officer. 12. No additional or new path will be constructed inside the forest area for transportation of construction materials for execution of the project work. 13. The period of diversion under this approval shall be co-terminus with the period of lease to be granted in favour of the user agency or the project life, whichever is less. 14. The forest land shall not be used for any purpose other than that specified in the project proposal. 15. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Govt. of India. 16. The User Agency and the State Government shall ensure compliance of all the Court orders, provisions, rules, regulations and guidelines for the time being in force as applicable to the project. 17. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No /2017-FC dt 29/01/ Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests & wildlife. Yours faithfully, ( ) Dy. Conservator of Forests (Central) Draft Stage-I : Mining Project भ रत सरक र GOVERNMENT OF INDIA पर य वरण, वन और जलवयर पररवर न म त रयलर ; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: Date :. To, The Addl. Chief Secretary (Forest),...,...,..., Sub: Diversion of ha of Reserved / Protected forest land for Mining project. Ref :Minutes of Meeting of FAC/ REC letter No. dated.. Sir, I am directed to invite a reference to State Govt. letter No.. dated..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, The proposal was considered and approved by the FAC / REC in its meeting held on. for issuance of Inprinciple approval. Therefore, the undersigned, on behalf of the Central Government conveys In-principle approval for diversion of ha of Reserved / Protected forest land for Mining project subject to the following terms and conditions:- 1. Compensatory afforestation: 50 P a g e

51 a) Compensatory afforestation shall be taken up by the Forest Department over.. ha Non-forest land / degraded forest land (Compartment no. / Khasra No., Village-, Tehsil-., District- ) at the cost of the User Agency. As far as practicable a mixture of local indigenous species will be planted and monoculture of a species has to be avoided. b) The non-forest land shall be transferred and mutated in favour of Forest Department. 2. The cost of compensatory afforestation at the prevailing wage rates as per compensatory afforestation scheme and the cost of survey, demarcation and erection of permanent pillars if required on the CA land shall be deposited in advance with the Forest Department by the project authority. The CA will be maintained for 10 years. The scheme may include appropriate provision for anticipated cost increase for works scheduled for subsequent years. 3. NPV: a) The State Government shall charge the Net Present Value(NPV) for the ha forest area to be diverted under this proposal from the User Agency as per the orders of the Hon ble Supreme Court of India dated 30/10/2002, 01/08/2003, 28/03/2008, 24/04/2008 and 09/05/2008 in IA No. 566 in WP (C) No. 202/1995 and as per the guidelines issued by the Ministry vide letters No. 5-1/1998-FC (Pt.II) dated 18/09/2003, as well as letter No. 5-2/2006-FC dated 03/10/2006 and 5-3/2007-FC dated 05/02/2009 in this regard. b) Additional amount of the NPV of the diverted forest land, if any, becoming due after finalization of the same by the Hon ble Supreme Court of India on receipt of the report from the Expert Committee, shall be charged by the State Government from the User Agency. The User Agency shall furnish an undertaking to this effect. 4. The cost of felling of trees shall be deposited by the User Agency with the State Forest Department. 5. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 6. All the funds received from the user agency under the project shall be transferred/ deposited to CAMPA fund only through e.portal ( 7. The compliance report shall be uploaded on e.portal ( After receipt of compliance report on fulfillment of above conditions from the State Government, proposal will be considered for final approval under Section 2 of the Forest (Conservation) Act, 1980 by this office. The order for transfer of forest land to user agency shall not be done by the State Government till Formal approval / Stage-II approval for diversion of forest land is issued from this office. Yours faithfully, ( ) Dy. Conservator of Forests (Central) Draft Stage-II : Mining Project भ रत सरक र GOVERNMENT OF INDIA पर य वरण, वन और जलवयर पररवर न म त रयलर ; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: Date :. To, 51 P a g e

52 The Addl. Chief Secretary (Forest),...,...,..., Sub: Diversion of ha of Reserved / Protected forest land for Mining project. Ref: 1) This office In-principle approval letter No...dated.. 2) State Govt. letter No...dated.. 3) Online payment transaction date.. Sir, I am directed to invite a reference to State Govt. letter No.... dated..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, The Central Government vide letter (1) referred above had agreed in principle for diversion of ha Reserved / Protected Forest land of above forest land for the purpose mentioned above subject to the fulfilment of certain conditions of In-principle approval. The State Government vide letter (2) referred above has reported compliance on the fulfillment of all the stipulated conditions of In-principle approval. Now therefore, the undersigned is hereby directed to convey formal approval of the Government of India under Section 2 of the Forest (Conservation) Act, 1980 for diversion of ha of Reserved / Protected forest land for Mining project subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ha non-forest / degraded forest land (Compartment / Khasra No., Village-, Tahsil-.., District-..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department for the purpose of compensatory afforestation shall be declared as Reserved Forest under Section-4 or Protected Forest under Section-29 of the Indian Forest Act, 1927 or under the relevant Section(s) of the StateForest Act. The Nodal Officer, Forest (Conservation) Act, 1980 may report compliance within a period of six (6) months from the date of grant of final approval and send a copy of the original notification declaring the non-forest land under Section 4 or Section 29 of the Indian Forest Act, 1927, or under the relevant section of the State Forest Act as the case may be, to this Office for information and record; 4. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 5. User Agency shall restrict the felling of trees to minimum numbers in the diverted forest land and trees shall be felled under strict supervision of the State Forest Department. 6. User Agency shall obtain the Environmental Clearance as per the provisions of the Environmental (Protection) Act, The User Agency either itself or through the State Forest Department shall undertake fencing, protection and afforestation of the safety zone area (7.5 meter strip shall be kept within the mining lease or mining cluster, as applicable and such other areas as specified in the approved mining plan) at the project cost. Area of safety zone of a mining lease shall be a part of the total area of the mining lease. 8. The period of diversion of the said forest land shall be co-terminus with the period of the mining lease granted under the Mines and Minerals (Development & Regulating) Act, 1957 or Rules framed thereunder. 9. The user agency shall undertake mining and reclamation of the mined out area as per the approved mining plan and the directions of the concerned Divisional Forest Officer. 10. No labour camp shall be established on the forest land. 52 P a g e

53 11. The User Agency shall provide firewood preferably alternate fuels to the labourers and the staff working at the site so as to avoid any damage and pressure on forest areas. 12. The boundary of the diverted forest land, mining lease area and safety zone shall be suitably demarcated on ground at the project cost as per the directions of concerned Divisional Forest Officer. 13. The forest land shall not be used for any purpose other than that specified in the project proposal. 14. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Central Government. 15. The change in the layout plan of the mining lease, if required, shall be done as prescribed in the MoEF&CC Guideline F. No /2017-FC dt 29/01/ The concerned Divisional Forest Officer, will monitor and take necessary mitigative measures to ensure that there is no adverse impact on the forests in the surrounding area. 17. The User Agency and the State Government shall ensure compliance of all the Court orders, provisions, rules, regulations and guidelines for the time being in force as applicable to the project. 18. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No /2017-FC dt 29/01/ Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests &wildlife. The State Government shall ensure compliance of all the above conditions. Yours faithfully, Draft Approval letter : Prospecting proposals (..)..(C) भ रत सरक र GOVERNMENT OF INDIA पर य वरण, वन और जलवयर पररवर न म त रयलर ; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: Date :. To, Sub: The Addl. Chief Secretary (Forest),...,...,..., Diversion of ha of Reserved / Protected forest land for Prospecting proposals in State Govt. of. Ref : The State Govt.. letter No. dated.. Sir, I am directed to invite a reference to State Govt. letter No.. dated..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, The proposal was considered by the Central Government for issuance of approval. Now the undersigned, on behalf of the Central Government conveys approval for diversion of ha of Reserved / Protected forest land for prospecting subject to the following terms and conditions:- 53 P a g e

54 1. The User Agency shall be allowed exploratory drilling of a maximum of.. borehole of diameter over ha of forest land. 2. The prior approval of Govt. of India under Section 2 of FC Act for prospecting in this forest area under consideration is only for resource assessment and mapping and does not confer in any manner any right to the State Government to divert such forest land under Section 2(ii) of Forest (Conservation) Act, 1980 for mining purpose in future in favour of this user agency or any other mining company on the plea that forest clearance for prospecting has been granted. 3. Charges towards NPV & CA as applicable shall be realized by the State Govt. from the User agency & deposited in Ad-hoc CAMPA fund through e-portal. 4. User agency shall seek permission of concerned Divisional Forest Officer before entering into the forest area and borehole shall be dug with prior permission of the concerned Divisional Forest Officer and also furnish detailed report thereof on completion of the project. 5. Proper plugging of borehole shall be made after exploration activities are complete to the satisfaction of the concerned Divisional Forest Officer. 6. No tree felling shall be undertaken for exploration activities. Project activities shall be restricted to clearing of bushes and lopping of tree branches if any for the purpose of site preparation. 7. The user agency shall be responsible for any loss to the flora and fauna in the surrounding. Any damage done in this regard shall be compensated by the user agency from the project cost as per assessment of the concerned Divisional Forest Officer. 8. No new road shall be constructed by the user agency for transporting prospecting tools and machines. The user agency may use the existing forest road/ path with prior information to the concerned Divisional Forest Officer. The area used for path during the prospecting work shall be restored to its original status of forest after completion of prospecting work. 9. No other construction activities shall be done by the user agency on forest land. Existing path and roads only will be used by the user agency for the purpose of prospecting activities and drilling of borehole will be limited to no. with diameter of.. within forest land will be dug. 10. Any change in the diameter of borehole and number of bore holes will be reported to the Regional Office in advance for consideration and recommendations to the Central Government. 11. Adequate measures shall be taken by the user agency to ensure that prospecting activities do not harm the wildlife in the area. Any damage done in this context, shall be compensated by the user agency as per assessment, by the concerned Divisional Forest Officer. 12. No labour camp shall be established on the forest land and no work shall be allowed after sunset In case, rights over forest land proposed to be used for prospecting purpose, has already been settled in favour of eligible claimants as per provisions of the Forest Rights Act, 2006, the claimants shall either be compensated appropriately or location of borehole by suitably re-located. 14. Initially the permission for prospecting will be granted for two years from the date of issue of this approval which can be extended for one more year with convincing justification from the State Government for extension. 15. In case of violations of conditions by the user agency, the permission for prospecting of minerals shall be suspended by the concerned Divisional Forest Officer. Further it shall be enquired by the Nodal Officer (FCA) of the State Government and report to be submitted to the Regional Office for appropriate action. 16. The samples collected during the prospecting shall be used purely for investigation purposes and shall in no case be used for trade or commerce purpose. 17. To minimize disturbance to the wildlife, user agency shall take all possible measures to minimize noise during prospecting operations and halt the prospecting activities during night and during such periods in the day as may be advised by the concerned Chief Wildlife Warden, concern State Forest Department. 18. The user agency and the State Government shall ensure compliance to provisions of the MoEFCC Guidelines F. No /2009-FC dated 4th July, 2014 issued by the Ministry regarding drilling in the forest land. 54 P a g e

55 19. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No /2017-FC dated 29/01/ The State Government and user agency shall comply the provisions of the all Acts, Rules, Regulations, guidelines, NGT order & Hon ble Court Order (s) pertaining to this project, if any, for the time being in force, as applicable to the project. Yours faithfully, ( ) Dy. Conservator of Forests (C) Draft Stage-I : Railway Project भ रत सरक र GOVERNMENT OF INDIA पर य वरण, वन और जलवयर पररवर न म त रयलर ; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: Date :. To, The Addl. Chief Secretary (Forest),..., Sub: Diversion of. ha Reserved / Protected Forest land for construction of Railway... of State Govt.... Ref : Minutes of Meeting of FAC / REC letter No. dated.. Sir, I am directed to invite a reference to State Govt. letter No.. dated.. on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, The proposal was considered and approved by the FAC / REC in its meeting held on. for issuance of Inprinciple approval. Therefore, the undersigned, on behalf of the Central Government conveys In-principle approval for diversion of. ha Reserved / Protected Forest land for construction of Railway...subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ha non-forest / degraded forest land (Compartment / Khasra No., Village-, Tahsil-.., District-..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department. 4. The cost of compensatory afforestation at the prevailing wage rates as per compensatory afforestation scheme and the cost of survey, demarcation and erection of permanent pillars if required on the CA land shall be deposited in advance with the Forest Department by the project authority. The CA will be maintained for 10 years. The scheme may include appropriate provision for anticipated cost increase for works scheduled for subsequent years. 5. NPV: a) The State Government shall charge the Net Present Value(NPV) for the ha forest area to be diverted under this proposal from the User Agency as per the orders of the Hon ble Supreme Court of India dated 30/10/2002, 01/08/2003, 28/03/2008, 24/04/2008 and 09/05/2008 in IA No. 566 in WP (C) No. 55 P a g e

56 202/1995 and as per the guidelines issued by the Ministry vide letters No. 5-1/1998-FC (Pt.II) dated 18/09/2003, as well as letter No. 5-2/2006-FC dated 03/10/2006 and 5-3/2007-FC dated 05/02/2009 in this regard. b) Additional amount of the NPV of the diverted forest land, if any, becoming due after finalization of the same by the Hon ble Supreme Court of India on receipt of the report from the Expert Committee, shall be charged by the State Government from the User Agency. The User Agency shall furnish an undertaking to this effect. 6. User agency shall restrict the felling of trees to minimum number in the diverted forest land and the trees shall be felled under the strict supervision of the State Forest Department and the cost of felling of trees shall be deposited by the User Agency with the State Forest Department. 7. All the funds received from the user agency under the project shall be transferred/ deposited to CAMPA fund only through ( 8. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 9. Speed regulating signage will be erected along the railway line at regular intervals in the Protected areas/ Forest Areas. 10. The user agency shall provide suitable under / over passes in Protected area / Forest Area as per recommendations of CWLW / NBWL / FAC / REC. 11. User Agency shall obtain Environmental Clearance as per the provisions of the Environmental (Protection) Act, 1986, if applicable. 12. The layout plan of the proposal shall not be changed without prior approval of Central Government. 13. No labour camp shall be established on the forest land. 14. Sufficient firewood, preferably the alternate fuel, shall be provided by the User Agency to the labourer after purchasing the same from the State Forest Department or the Forest Development Corporation or any other legal source of alternate fuel. 15. The boundary of the diverted forest land shall be suitably demarcated on ground at the project cost, as per the directions of the concerned Divisional Forest Officer. 16. No additional or new path will be constructed inside the forest area for transportation of construction materials for execution of the project work. 17. The period of diversion under this approval shall be co-terminus with the period of lease to be granted in favour of the user agency or the project life, whichever is less. 18. The forest land shall not be used for any purpose other than that specified in the project proposal. 19. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Govt. of India. 20. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No /2017-FC dt 29/01/ Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests & wildlife. 22. The compliance report shall be uploaded on e.portal ( After receipt of compliance report on fulfillment of above conditions from the State Government, proposal will be considered for final approval under Section 2 of the Forest (Conservation) Act, 1980 by this office. The order for transfer of forest land to user agency shall not be done by the State Government till Formal approval / Stage-II approval for diversion of forest land is issued from this office. Yours faithfully, ( ) Dy. Conservator of Forests (Central) 56 P a g e

57 No: To, The Addl. Chief Secretary (Forest),..., Sub: Draft Stage-II: Railway Project भ रत सरक र GOVERNMENT OF INDIA पर य वरण, वन और जलवयर पररवर न म त रयलर ; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE Date :. Diversion of. ha Reserved / Protected Forest land for construction of Railway... of State Govt.... Ref: 1) This office In-principle approval letter No..dated.. 2) State Govt. letter No...dated.. 3) Online payment transaction date.. Sir, I am directed to invite a reference to State Govt. letter No.... dated..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, The Central Government vide letter (1) referred above had agreed in principle for diversion of ha Reserved / Protected Forest land of above forest land for the purpose mentioned above subject to the fulfilment of certain conditions of In-principle approval. The State Government vide letter (2) referred above has reported compliance on the fulfillment of all the stipulated conditions of In-principle approval. Now therefore, the undersigned is hereby directed to convey formal approval of the Government of India under Section 2 of the Forest (Conservation) Act, 1980 for diversion of. ha Reserved / Protected Forest land for construction of Railway... of State Govt.... subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ha non-forest / degraded forest land (Compartment / Khasra No., Village-, Tahsil-.., District-..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department for the purpose of compensatory afforestation shall be declared as Reserved Forest under Section-4 or Protected Forest under Section-29 of the Indian Forest Act, 1927 or under the relevant Section(s) of the StateForest Act. The Nodal Officer, Forest (Conservation) Act, 1980 may report compliance within a period of six (6) months from the date of grant of final approval and send a copy of the original notification declaring the non-forest land under Section 4 or Section 29 of the Indian Forest Act, 1927, or under the relevant section of the State Forest Act as the case may be, to this Office for information and record; 4. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 5. Speed regulating signage will be erected along the railway line at regular intervals in the Protected areas/ Forest Areas. 6. The user agency shall provide suitable under / over pass in Protected area / Forest Area as per recommendations of CWLW / NBWL / FAC / REC. 57 P a g e

58 7. User Agency shall obtain Environmental Clearance as per the provisions of the Environmental (Protection) Act, 1986, if applicable. 8. The layout plan of the proposal shall not be changed without prior approval of Central Government. 9. No labour camp shall be established on the forest land. 10. Sufficient firewood, preferably the alternate fuel, shall be provided by the User Agency to the labourer after purchasing the same from the State Forest Department or the Forest Development Corporation or any other legal source of alternate fuel. 11. The boundary of the diverted forest land shall be demarcated on ground at the project cost as per the directions of the concerned DFO. 12. No additional or new path will be constructed inside the forest area for transportation of construction materials for execution of the project work. 13. The period of diversion under this approval shall be co-terminus with the period of lease to be granted in favour of the user agency or the project life, whichever is less. 14. The forest land shall not be used for any purpose other than that specified in the project proposal. 15. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Govt. of India. 16. The User Agency and the State Government shall ensure compliance of all the Court orders, provisions, rules, regulations and guidelines for the time being in force as applicable to the project 17. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No /2017-FC dt 29/01/ Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests & wildlife. Yours faithfully, ( ) Dy. Conservator of Forests (Central) Draft Stage-I : Road Project भ रत सरक र GOVERNMENT OF INDIA पर य वरण, वन और जलवयर पररवर न म त रयलर ; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: Date :. To, Sub: The Addl. Chief Secretary (Forest),..., Diversion of. ha Reserved / Protected Forest land for construction of Road... of State Govt.... Ref : Minutes of Meeting of FAC / REC letter No. dated.. Sir, I am directed to invite a reference to State Govt. letter No.. dated.. on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, P a g e

59 The proposal was considered and approved by the FAC / REC in its meeting held on. for issuance of Inprinciple approval. Therefore, the undersigned, on behalf of the Central Government conveys In-principle approval for diversion of. ha Reserved / Protected Forest land for construction of Road... of State Govt....subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ha non-forest / degraded forest land (Compartment / Khasra No., Village-, Tahsil-.., District-..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department. 4. The cost of compensatory afforestation at the prevailing wage rates as per compensatory afforestation scheme and the cost of survey, demarcation and erection of permanent pillars if required on the CA land shall be deposited in advance with the Forest Department by the project authority. The CA will be maintained for 10 years. The scheme may include appropriate provision for anticipated cost increase for works scheduled for subsequent years. 5. NPV: a) The State Government shall charge the Net Present Value(NPV) for the ha forest area to be diverted under this proposal from the User Agency as per the orders of the Hon ble Supreme Court of India dated 30/10/2002, 01/08/2003, 28/03/2008, 24/04/2008 and 09/05/2008 in IA No. 566 in WP (C) No. 202/1995 and as per the guidelines issued by the Ministry vide letters No. 5-1/1998-FC (Pt.II) dated 18/09/2003, as well as letter No. 5-2/2006-FC dated 03/10/2006 and 5-3/2007-FC dated 05/02/2009 in this regard. b) Additional amount of the NPV of the diverted forest land, if any, becoming due after finalization of the same by the Hon ble Supreme Court of India on receipt of the report from the Expert Committee, shall be charged by the State Government from the User Agency. The User Agency shall furnish an undertaking to this effect. 6. User agency shall restrict the felling of trees to minimum number in the diverted forest land and the trees shall be felled under the strict supervision of the State Forest Department and the cost of felling of trees shall be deposited by the User Agency with the State Forest Department. 7. All the funds received from the user agency under the project shall be transferred/ deposited to CAMPA fund only through e.portal ( 8. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 9. User agency shall raise strip plantation on both sides and central verge of the road as per the IRC norms. 10. Speed regulating signage will be erected along the road at regular intervals in the Protected areas/ Forest Areas. 11. The user agency shall provide suitable under / over pass in Protected area / Forest Area as per recommendations of CWLW / NBWL / FAC / REC. 12. User Agency shall obtain Environmental Clearance as per the provisions of the Environmental (Protection) Act, 1986, if applicable. 13. The layout plan of the proposal shall not be changed without prior approval of Central Government. 14. No labour camp shall be established on the forest land. 15. Sufficient firewood, preferably the alternate fuel, shall be provided by the User Agency to the labourer after purchasing the same from the State Forest Department or the Forest Development Corporation or any other legal source of alternate fuel. 16. The boundary of the diverted forest land shall be suitably demarcated on ground at the project cost, as per the directions of the concerned Divisional Forest Officer. 17. No additional or new path will be constructed inside the forest area for transportation of construction materials for execution of the project work. 59 P a g e

60 18. The period of diversion under this approval shall be co-terminus with the period of lease to be granted in favour of the user agency or the project life, whichever is less. 19. The forest land shall not be used for any purpose other than that specified in the project proposal. 20. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Govt. of India. 21. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No /2017-FC dt 29/01/ Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests & wildlife. 23. The compliance report shall be uploaded on e.portal ( After receipt of compliance report on fulfillment of above conditions from the State Government, proposal will be considered for final approval under Section 2 of the Forest (Conservation) Act, 1980 by this office. The order for transfer of forest land to user agency shall not be done by the State Government till Formal approval / Stage-II approval for diversion of forest land is issued from this office. Yours faithfully, ( ) Dy. Conservator of Forests (Central) Draft Stage-II : Road Project भ रत सरक र GOVERNMENT OF INDIA पर य वरण, वन और जलवयर पररवर न म त रयलर ; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: Date :. To, Sub: The Addl. Chief Secretary (Forest),...,...,..., Diversion of. ha Reserved / Protected Forest land for construction of Road... of State Govt.... Ref: 1) This office In-principle approval letter No..dated.. 2) State Govt. letter No...dated.. 3) Online payment transaction date.. Sir, I am directed to invite a reference to State Govt. letter No.... dated..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, The Central Government vide letter (1) referred above had agreed in principle for diversion of ha Reserved / Protected Forestland of above forest land for the purpose mentioned above subject to the fulfilment of certain conditions of In-principle approval. The State Government vide letter (2) referred above has reported compliance on the fulfillment of all the stipulated conditions of In-principle approval. 60 P a g e

61 Now therefore, the undersigned is hereby directed to convey formal approval of the Government of India under Section 2 of the Forest (Conservation) Act, 1980 for diversion of. ha Reserved / Protected Forest land for construction of Road... of State Govt.... subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ha non-forest / degraded forest land (Compartment / Khasra No., Village-, Tahsil-.., District-..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department for the purpose of compensatory afforestation shall be declared as Reserved Forest under Section-4 or Protected Forest under Section-29 of the Indian Forest Act, 1927 or under the relevant Section(s) of the StateForest Act. The Nodal Officer, Forest (Conservation) Act, 1980 may report compliance within a period of six (6) months from the date of grant of final approval and send a copy of the original notification declaring the non-forest land under Section 4 or Section 29 of the Indian Forest Act, 1927, or under the relevant section of the State Forest Act as the case may be, to this Office for information and record; 4. User agency shall restrict the felling of trees to minimum numbers in the diverted forest land and the trees shall be felled under the strict supervision of the State Forest Department and cost of felling of trees shall be deposited by the User Agency with the State Forest Department. 5. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 6. User agency shall raise strip plantation on both sides and central verge of the road as per the IRC norms. 7. Speed regulating signage will be erected along the road at regular intervals in the Protected areas/ Forest Areas. 8. The user agency shall provide suitable under / over pass in Protected area / Forest Area as per recommendations of CWLW / NBWL / FAC / REC. 9. The User Agency shall obtain Environmental Clearance as per the provisions of the Environmental (Protection) Act, 1986, if applicable. 10. The layout plan of the proposal shall not be changed without prior approval of Central Government. 11. No labour camp shall be established on the forest land. 12. Sufficient firewood, preferably the alternate fuel, shall be provided by the User Agency to the labourer after purchasing the same from the State Forest Department or the Forest Development Corporation or any other legal source of alternate fuel. 13. The boundary of the diverted forest land shall be suitably demarcated on ground at the project cost, as per the directions of the concerned Divisional Forest Officer. 14. No additional or new path will be constructed inside the forest area for transportation of construction materials for execution of the project work. 15. The period of diversion under this approval shall be co-terminus with the period of lease to be granted in favour of the user agency or the project life, whichever is less. 16. The forest land shall not be used for any purpose other than that specified in the project proposal. 17. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Govt. of India. 18. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No /2017-FC dt 29/01/ Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests & wildlife. Yours faithfully, 61 P a g e

62 ( ) Dy. Conservator of Forests (Central) Draft Stage-I : Thermal Power Project भ रत सरक र GOVERNMENT OF INDIA पर य वरण, वन और जलवयर पररवर न म त रयलर ; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: Date :. To, The Addl. Chief Secretary (Forest),...,...,..., Sub: Diversion of ha of Reserved / Protected forest land for Thermal Power Project project. Ref : Minutes of Meeting of FAC/ REC letter No. dated.. Sir, I am directed to invite a reference to State Govt. letter No.. dated..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, The proposal was considered and approved by the FAC / REC in its meeting held on. for issuance of Inprinciple approval. Therefore, the undersigned, on behalf of the Central Government conveys In-principle approval for diversion of ha of Reserved / Protected forest land for Thermal Power Project project subject to the following terms and conditions:- 1. Compensatory afforestation: a) Compensatory afforestation shall be taken up by the Forest Department over.. ha Non-forest land / degraded forest land (Compartment no. / Khasra No., Village-, Tehsil-., District- ) at the cost of the User Agency. As far as practicable a mixture of local indigenous species will be planted and monoculture of a species has to be avoided. b) The non-forest land shall be transferred and mutated in favour of Forest Department. 2. The cost of compensatory afforestation at the prevailing wage rates as per compensatory afforestation scheme and the cost of survey, demarcation and erection of permanent pillars if required on the CA land shall be deposited in advance with the Forest Department by the project authority. The CA will be maintained for 10 years. The scheme may include appropriate provision for anticipated cost increase for works scheduled for subsequent years. 3. NPV: a) The State Government shall charge the Net Present Value(NPV) for the ha forest area to be diverted under this proposal from the User Agency as per the orders of the Hon ble Supreme Court of India dated 30/10/2002, 01/08/2003, 28/03/2008, 24/04/2008 and 09/05/2008 in IA No. 566 in WP (C) No. 202/1995 and as per the guidelines issued by the Ministry vide letters No. 5-1/1998-FC (Pt.II) dated 18/09/2003, as well as letter No. 5-2/2006-FC dated 03/10/2006 and 5-3/2007-FC dated 05/02/2009 in this regard. 62 P a g e

63 b) Additional amount of the NPV of the diverted forest land, if any, becoming due after finalization of the same by the Hon ble Supreme Court of India on receipt of the report from the Expert Committee, shall be charged by the State Government from the User Agency. The User Agency shall furnish an undertaking to this effect. 4. The cost of felling of trees shall be deposited by the User Agency with the State Forest Department. 5. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 6. All the funds received from the user agency under the project shall be transferred/ deposited to CAMPA fund only through e.portal ( 7. The compliance report shall be uploaded on e.portal ( After receipt of compliance report on fulfillment of above conditions from the State Government, proposal will be considered for final approval under Section 2 of the Forest (Conservation) Act, 1980 by this office. The order for transfer of forest land to user agency shall not be done by the State Government till Formal approval / Stage-II approval for diversion of forest land is issued from this office. Yours faithfully, ( ) Dy. Conservator of Forests (Central) Draft Stage-II : Thermal Power Project भ रत सरक र GOVERNMENT OF INDIA पर य वरण, वन और जलवयर पररवर न म त रयलर ; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: Date :. To, The Addl. Chief Secretary (Forest),...,...,..., Sub: Diversion of ha of Reserved / Protected forest land for Thermal Power Project project. Ref: 1) This office In-principle approval letter No...dated.. 2) State Govt. letter No...dated.. 3) Online payment transaction date.. Sir, I am directed to invite a reference to State Govt. letter No.... dated..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, The Central Government vide letter (1) referred above had agreed in principle for diversion of ha Reserved / Protected Forest land of above forest land for the purpose mentioned above subject to the fulfilment of certain conditions of In-principle approval. 63 P a g e

64 The State Government vide letter (2) referred above has reported compliance on the fulfillment of all the stipulated conditions of In-principle approval. Now therefore, the undersigned is hereby directed to convey formal approval of the Government of India under Section 2 of the Forest (Conservation) Act, 1980 for diversion of ha of Reserved / Protected forest land for Thermal Power Project of State Govt.. subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ha non-forest / degraded forest land (Compartment / Khasra No., Village-, Tahsil-.., District-..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department for the purpose of compensatory afforestation shall be declared as Reserved Forest under Section-4 or Protected Forest under Section-29 of the Indian Forest Act, 1927 or under the relevant Section(s) of the StateForest Act. The Nodal Officer, Forest (Conservation) Act, 1980 may report compliance within a period of six (6) months from the date of grant of final approval and send a copy of the original notification declaring the non-forest land under Section 4 or Section 29 of the Indian Forest Act, 1927, or under the relevant section of the State Forest Act as the case may be, to this Office for information and record; 4. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 5. User Agency shall restrict the felling of trees to minimum numbers in the diverted forest land and trees shall be felled under strict supervision of the State Forest Department. 6. The State Govt. shall ensure that no non-forest / construction activity shall be carried out by the user agency within specified distance beyond HFL of River, if thermal power plant is located on the bank of river. 7. The user agency shall ensure that ash produced due to the unit shall not pollute the air and water of the nearby areas for which, green belt shall be maintained around the proposed unit and necessary plantation in the nearby villages / habitation should be carried out in consultation with the local people. 8. User agency shall undertake afforestation along the periphery of the reservoir, if thermal power plant is reservoir based project. 9. The user agency shall also utilize the ash generated by supplying for construction of road project within the 100 Km radius and also facilitate supply of ash to brick industries as per latest fly ash notification. 10. User Agency shall obtain Environmental Clearance as per the provisions of the Environmental (Protection) Act, 1986, if applicable. 11. The layout plan of the proposal shall not be changed without prior approval of Central Government. 12. No labour camp shall be established on the forest land. 13. Sufficient firewood, preferably the alternate fuel, shall be provided by the User Agency to the labourer after purchasing the same from the State Forest Department or the Forest Development Corporation or any other legal source of alternate fuel. 14. The boundary of the diverted forest land shall be suitably demarcated on ground at the project cost, as per the directions of concerned Divisional Forest Officer. 15. No additional or new path will be constructed inside the forest area for transportation of construction materials for execution of the project work. 16. The User Agency and the State Government shall ensure compliance of all the Court orders, provisions, rules, regulations and guidelines for the time being in force as applicable to the project. 17. The period of diversion under this approval shall be co-terminus with the period of lease to be granted in favour of the user agency or the project life, whichever is less. 18. The forest land shall not be used for any purpose other than that specified in the project proposal. 64 P a g e

65 19. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Govt. of India. 20. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No /2017-FC dt 29/01/ Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests & wildlife. Yours faithfully, ( ) Dy. Conservator of Forests (Central) Draft Stage-I : Transmission Line Project No: भ रत सरक र GOVERNMENT OF INDIA पर य वरण, वन और जलवयर पररवर न म त रयलर ; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE Date :. To, The Addl. Chief Secretary (Forest),..., Sub: Diversion of. ha Reserved / Protected Forest land for construction of Transmission Line... of State Govt.... Ref : Minutes of Meeting of FAC / REC letter No. dated.. Sir, I am directed to invite a reference to State Govt. letter No.. dated.. on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, The proposal was considered and approved by the FAC / REC in its meeting held on. for issuance of Inprinciple approval. Therefore, the undersigned, on behalf of the Central Government conveys In-principle approval for diversion of. ha Reserved / Protected Forest land for construction of Transmission Line... of State Govt....subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ha non-forest / degraded forest land (Compartment / Khasra No., Village-, Tahsil-.., District-..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department. 4. The cost of compensatory afforestation at the prevailing wage rates as per compensatory afforestation scheme and the cost of survey, demarcation and erection of permanent pillars if required on the CA land shall be deposited in advance with the Forest Department by the project authority. The CA will be maintained for 10 years. The scheme may include appropriate provision for anticipated cost increase for works scheduled for subsequent years. 5. NPV: a) The State Government shall charge the Net Present Value(NPV) for the ha forest area to be diverted under this proposal from the User Agency as per the orders of the Hon ble Supreme Court of India 65 P a g e

66 dated 30/10/2002, 01/08/2003, 28/03/2008, 24/04/2008 and 09/05/2008 in IA No. 566 in WP (C) No. 202/1995 and as per the guidelines issued by the Ministry vide letters No. 5-1/1998-FC (Pt.II) dated 18/09/2003, as well as letter No. 5-2/2006-FC dated 03/10/2006 and 5-3/2007-FC dated 05/02/2009 in this regard. b) Additional amount of the NPV of the diverted forest land, if any, becoming due after finalization of the same by the Hon ble Supreme Court of India on receipt of the report from the Expert Committee, shall be charged by the State Government from the User Agency. The User Agency shall furnish an undertaking to this effect. 6. User agency shall restrict the felling of trees to minimum number in the diverted forest land and the trees shall be felled under the strict supervision of the State Forest Department and the cost of felling of trees shall be deposited by the User Agency with the State Forest Department. 7. All the funds received from the user agency under the project shall be transferred/ deposited to CAMPA fund only through e.portal. 8. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 9. The User agency in consultation with the State Forest Department prepare a detailed scheme for creation and maintenance of plantation of dwarf species (preferably medicinal plants) in right of way under the transmission line for execution of the said scheme to the State Forest Department. 10. The user agency at its cost shall provide bird deflectors, which are to be fixed on upper conductor of transmission line at suitable intervals to avoid bird hits. 11. The User Agency shall comply with the guidelines for laying transmission lines through forest areas issued by Ministry vide letter no. 7-25/2012-FC dated 05/05/2014 & 19/11/ User Agency shall obtain Environmental Clearance as per the provisions of the Environmental (Protection) Act, 1986, if applicable. 13. The layout plan of the proposal shall not be changed without prior approval of Central Government. 14. No labour camp shall be established on the forest land. 15. Sufficient firewood, preferably the alternate fuel, shall be provided by the User Agency to the labourer after purchasing the same from the State Forest Department or the Forest Development Corporation or any other legal source of alternate fuel. 16. The boundary of the diverted forest land shall be suitably demarcated on ground at the project cost, as per the directions of the concerned Divisional Forest Officer. 17. No additional or new path will be constructed inside the forest area for transportation of construction materials for execution of the project work. 18. The period of diversion under this approval shall be co-terminus with the period of lease to be granted in favour of the user agency or the project life, whichever is less. 19. The forest land shall not be used for any purpose other than that specified in the project proposal. 20. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Govt. of India. 21. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No /2017-FC dt 29/01/ Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests & wildlife. 23. The compliance report shall be uploaded on e.portal ( After receipt of compliance report on fulfillment of above conditions from the State Government, proposal will be considered for final approval under Section 2 of the Forest (Conservation) Act, 1980 by this office. The order for transfer of forest land to user agency shall not be done by the State Government till Formal approval / Stage-II approval for diversion of forest land is issued from this office. 66 P a g e

67 Yours faithfully, ( ) Dy. Conservator of Forests (Central) Draft Stage-II : Transmission Line Project भ रत सरक र GOVERNMENT OF INDIA पर य वरण, वन और जलवयर पररवर न म त रयलर ; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: Date :. To, Sub: The Addl. Chief Secretary (Forest),..., Diversion of. ha Reserved / Protected Forest land for construction of Transmission Line... of State Govt.... Ref: 1) This office In-principle approval letter No..dated.. 2) State Govt. letter No...dated.. 3) Online payment transaction date.. Sir, I am directed to invite a reference to State Govt. letter No.... dated..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, The Central Government vide letter (1) referred above had agreed in principle for diversion of ha Reserved / Protected Forest land of above forest land for the purpose mentioned above subject to the fulfilment of certain conditions of In-principle approval. The State Government vide letter (2) referred above has reported compliance on the fulfillment of all the stipulated conditions of In-principle approval. Now therefore, the undersigned is hereby directed to convey formal approval of the Government of India under Section 2 of the Forest (Conservation) Act, 1980 for diversion of. ha Reserved / Protected Forest land for construction of Transmission Line... of State Govt.... Subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ha non-forest / degraded forest land (Compartment / Khasra No., Village-, Tahsil-.., District-..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department for the purpose of compensatory afforestation shall be declared as Reserved Forest under Section-4 or Protected Forest under Section-29 of the Indian Forest Act, 1927 or under the relevant Section(s) of the StateForest Act. The Nodal Officer, Forest (Conservation) Act, 1980 may report compliance within a period of six (6) months from the date of grant of final approval and send a copy of the original notification declaring the non-forest land under Section 4 or Section 29 of the Indian Forest Act, 1927, or under the relevant section of the State Forest Act as the case may be, to this Office for information and record; 67 P a g e

68 4. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 5. The user agency at its cost shall provide bird deflectors, which are to be fixed on upper conductor of transmission line at suitable intervals to avoid bird hits. 6. The User Agency shall comply with the guidelines for laying transmission lines through forest areas issued by Ministry vide letter no. 7-25/2012-FC dated 05/05/2014 & 19/11/ User Agency shall obtain Environmental Clearance as per the provisions of the Environmental (Protection) Act, 1986, if applicable. 8. The layout plan of the proposal shall not be changed without prior approval of Central Government. 9. No labour camp shall be established on the forest land. 10. Sufficient firewood, preferably the alternate fuel, shall be provided by the User Agency to the labourer after purchasing the same from the State Forest Department or the Forest Development Corporation or any other legal source of alternate fuel. 11. The boundary of the diverted forest land shall be suitably demarcated on ground at the project cost, as per the directions of the concerned Divisional Forest Officer. 12. No additional or new path will be constructed inside the forest area for transportation of construction materials for execution of the project work. 13. The period of diversion under this approval shall be co-terminus with the period of lease to be granted in favour of the user agency or the project life, whichever is less. 14. The forest land shall not be used for any purpose other than that specified in the project proposal. 15. The User Agency and the State Government shall ensure compliance of all the Court orders, provisions, rules, regulations and guidelines for the time being in force as applicable to the project. 16. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Govt. of India. 17. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No /2017-FC dt 29/01/ Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests & wildlife. Yours faithfully, ( ) Dy. Conservator of Forests (Central) No: Draft Stage-I : Underground Gas / water pipeline / OFC Project भ रत सरक र GOVERNMENT OF INDIA पर य वरण, वन और जलवयर पररवर न म त रयलर ; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE Date :. To, The Addl. Chief Secretary (Forest),..., Sub: Diversion of. ha Reserved / Protected Forest land for construction of Underground Gas / Water pipeline / OFC... of State Govt.... Ref : Minutes of Meeting of FAC / REC letter No. dated.. 68 P a g e

69 Sir, I am directed to invite a reference to State Govt. letter No.. dated.. on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, The proposal was considered and approved by the FAC / REC in its meeting held on. for issuance of Inprinciple approval. Therefore, the undersigned, on behalf of the Central Government conveys In-principle approval for diversion of. ha Reserved / Protected Forest land for construction of Underground Gas / Water pipeline / OFC... of State Govt....subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ha non-forest / degraded forest land (Compartment / Khasra No., Village-, Tahsil-.., District-..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department. 4. The cost of compensatory afforestation at the prevailing wage rates as per compensatory afforestation scheme and the cost of survey, demarcation and erection of permanent pillars if required on the CA land shall be deposited in advance with the Forest Department by the project authority. The CA will be maintained for 10 years. The scheme may include appropriate provision for anticipated cost increase for works scheduled for subsequent years. 5. NPV: a) The State Government shall charge the Net Present Value(NPV) for the ha forest area to be diverted under this proposal from the User Agency as per the orders of the Hon ble Supreme Court of India dated 30/10/2002, 01/08/2003, 28/03/2008, 24/04/2008 and 09/05/2008 in IA No. 566 in WP (C) No. 202/1995 and as per the guidelines issued by the Ministry vide letters No. 5-1/1998-FC (Pt.II) dated 18/09/2003, as well as letter No. 5-2/2006-FC dated 03/10/2006 and 5-3/2007-FC dated 05/02/2009 in this regard. b) Additional amount of the NPV of the diverted forest land, if any, becoming due after finalization of the same by the Hon ble Supreme Court of India on receipt of the report from the Expert Committee, shall be charged by the State Government from the User Agency. The User Agency shall furnish an undertaking to this effect. c) Full exemption of NPV in case of laying of underground OFC cable provided no felling of trees is involved and area proposed for diversion is outside of Protected Area as per the MoEFCC Guideline F. No. 5-3/2007-FC dated 05/02/2009. d) Full exemption of NPV in case of laying of underground drinking water pipeline 4 dia provided no felling of trees is involved, non-commercial project, area proposed for diversion is outside of Protected Area and total forest land required for project is less than 1.00 ha as per the MoEFCC Guideline F. No. 5-3/2007-FC dated 05/02/ User agency shall restrict the felling of trees to minimum number in the diverted forest land and the trees shall be felled under the strict supervision of the State Forest Department and the cost of felling of trees shall be deposited by the User Agency with the State Forest Department. 7. All the funds received from the user agency under the project shall be transferred/ deposited to CAMPA fund only through e.portal. 8. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 9. The pipeline shall be laid down 1.5 meter below the ground and after lying down of pipe line the ground will be leveled. 10. User Agency shall obtain Environmental Clearance as per the provisions of the Environmental (Protection) Act, 1986, if applicable. 11. The layout plan of the proposal shall not be changed without prior approval of Central Government. 69 P a g e

70 12. No labour camp shall be established on the forest land. 13. Sufficient firewood, preferably the alternate fuel, shall be provided by the User Agency to the labourer after purchasing the same from the State Forest Department or the Forest Development Corporation or any other legal source of alternate fuel. 14. The boundary of the diverted forest land shall be suitably demarcated on ground at the project cost, as per the directions of the concerned Divisional Forest Officer. 15. No additional or new path will be constructed inside the forest area for transportation of construction materials for execution of the project work. 16. The period of diversion under this approval shall be co-terminus with the period of lease to be granted in favour of the user agency or the project life, whichever is less. 17. The forest land shall not be used for any purpose other than that specified in the project proposal. 18. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Govt. of India. 19. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No /2017-FC dt 29/01/ Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests & wildlife. 21. The compliance report shall be uploaded on e.portal ( After receipt of compliance report on fulfillment of above conditions from the State Government, proposal will be considered for final approval under Section 2 of the Forest (Conservation) Act, 1980 by this office. The order for transfer of forest land to user agency shall not be done by the State Government till Formal approval / Stage-II approval for diversion of forest land is issued from this office. Yours faithfully, ( ) Dy. Conservator of Forests (Central) Draft Stage-II : Underground Gas / water pipeline / OFC Project भ रत सरक र GOVERNMENT OF INDIA पर य वरण, वन और जलवयर पररवर न म त रयलर ; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: Date :. To, Sub: The Addl. Chief Secretary (Forest),..., Diversion of. ha Reserved / Protected Forest land for construction of Underground Gas / Water pipeline / OFC... of State Govt.... Ref: Sir, 1) This office In-principle approval letter No..dated.. 2) State Govt. letter No...dated.. 3) Online payment transaction date.. 70 P a g e

71 I am directed to invite a reference to State Govt. letter No.... dated..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, The Central Government vide letter (1) referred above had agreed in principle for diversion of ha Reserved / Protected Forest land of above forest land for the purpose mentioned above subject to the fulfilment of certain conditions of In-principle approval. The State Government vide letter (2) referred above has reported compliance on the fulfillment of all the stipulated conditions of In-principle approval. Now therefore, the undersigned is hereby directed to convey formal approval of the Government of India under Section 2 of the Forest (Conservation) Act, 1980 for diversion of. ha Reserved / Protected Forest land for construction of Underground Gas / Water pipeline / OFC... of State Govt.... Subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ha non-forest / degraded forest land (Compartment / Khasra No., Village-, Tahsil-.., District-..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department for the purpose of compensatory afforestation shall be declared as Reserved Forest under Section-4 or Protected Forest under Section-29 of the Indian Forest Act, 1927 or under the relevant Section(s) of the StateForest Act. The Nodal Officer, Forest (Conservation) Act, 1980 may report compliance within a period of six (6) months from the date of grant of final approval and send a copy of the original notification declaring the non-forest land under Section 4 or Section 29 of the Indian Forest Act, 1927, or under the relevant section of the State Forest Act as the case may be, to this Office for information and record; 4. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 5. The pipeline shall be laid down 1.5 meter below the ground and after lying down of pipe line the ground will be leveled. 6. User Agency shall obtain Environmental Clearance as per the provisions of the Environmental (Protection) Act, 1986, if applicable. 7. The layout plan of the proposal shall not be changed without prior approval of Central Government. 8. No labour camp shall be established on the forest land. 9. Sufficient firewood, preferably the alternate fuel, shall be provided by the User Agency to the labourer after purchasing the same from the State Forest Department or the Forest Development Corporation or any other legal source of alternate fuel. 10. The boundary of the diverted forest land shall be suitably demarcated on ground at the project cost, as per the directions of the concerned Divisional Forest Officer. 11. No additional or new path will be constructed inside the forest area for transportation of construction materials for execution of the project work. 12. The period of diversion under this approval shall be co-terminus with the period of lease to be granted in favour of the user agency or the project life, whichever is less. 13. The forest land shall not be used for any purpose other than that specified in the project proposal. 14. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Govt. of India. 15. The User Agency and the State Government shall ensure compliance of all the Court orders, provisions, rules, regulations and guidelines for the time being in force as applicable to the project. 16. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No /2017-FC dt 29/01/ P a g e

72 17. Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests & wildlife. Yours faithfully, ( ) Dy. Conservator of Forests (Central) Draft : Forest Village Relocation भ रत सरक र GOVERNMENT OF INDIA पर य वरण, वन और जलवयर पररवर न म त रयलर ; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: Date :. To, The Addl. Chief Secretary (Forest),...,...,..., Sub: Diversion of ha of Reserved / Protected forest land for Forest Village relocation project. Ref: State Govt. letter No...dated.. Sir, I am directed to invite a reference to State Govt. letter No.... dated..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, The undersigned is hereby directed to convey formal approval of the Government of India under Section 2 of the Forest (Conservation) Act, 1980 for diversion of ha of Reserved / Protected forest land for Forest Village relocation project subject to the following terms and conditions:- 1. Legal status of the diverted forest land shall be changed to revenue land. 2. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 3. User Agency shall restrict the felling of trees to minimum numbers in the diverted forest land and trees shall be felled under strict supervision of the State Forest Department. 4. Land vacated in the protected area due to relocation of Village shall be developed as per approved Wildlife Management Plan / NTCA guideline / CWLW. 5. No fragmentation of forests should take place due to the relocation project. 6. The boundary of the diverted forest land shall be suitably demarcated on ground at the project cost as per the directions of concerned Divisional Forest Officer. 7. The forest land shall not be used for any purpose other than that specified in the project proposal. 8. The User Agency and the State Government shall ensure compliance of all the Court orders, provisions, rules, regulations and guidelines for the time being in force as applicable to the project 9. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No /2017-FC dt 29/01/ P a g e

73 10. Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests &wildlife. The State Government shall ensure compliance of all the above conditions. Yours faithfully, (..)..(C) Draft Stage-I : Wind Power Project No: भ रत सरक र GOVERNMENT OF INDIA पर य वरण, वन और जलवयर पररवर न म त रयलर ; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE {ks=h; dk;kzy;] if'pe {ks= Regional Office, Western Region ^^dsunzh; i;kzoj.k Hkou** Kendriya Paryavaran Bhavan fyud jksm ua0&3,link Road No. 3 E-5,jfo'kadj uxj/ravi Shankar Nagar Hkksiky ¼e0iz0½/Bhopal (M.P.) Phone No & , QSDl ua-@fax No v.kqmkd / rowz.bpl-mef@nic.in Date :. To, Sub: The Addl. Chief Secretary (Forest),...,...,..., Diversion of ha of Reserved / Protected forest land for establishment of Wind Power project. Ref :Minutes of Meeting of FAC/ REC letter No. dated.. Sir, I am directed to invite a reference to State Govt. letter No.. dated..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, The proposal was considered and approved by the FAC / REC in its meeting held on. for issuance of Inprinciple approval. Therefore, the undersigned, on behalf of the Central Government conveys In-principle approval for diversion of ha of Reserved / Protected forest land for Wind Power project subject to the following terms and conditions:- 1. Compensatory afforestation: a) Compensatory afforestation shall be taken up by the Forest Department over.. ha Non-forest land / degraded forest land (Compartment no. / Khasra No., Village-, Tehsil-., District- ) at the cost of the User Agency. As far as practicable a mixture of local indigenous species will be planted and monoculture of a species has to be avoided. b) The non-forest land shall be transferred and mutated in favour of Forest Department. 2. The cost of compensatory afforestation at the prevailing wage rates as per compensatory afforestation scheme and the cost of survey, demarcation and erection of permanent pillars if required on the CA land shall be deposited in advance with the Forest Department by the project authority. The CA will be maintained for 10 years. The scheme may include appropriate provision for anticipated cost increase for works scheduled for subsequent years. 3. NPV: 73 P a g e

74 a) The State Government shall charge the Net Present Value (NPV) for the ha forest area to be diverted under this proposal from the User Agency as per the orders of the Hon ble Supreme Court of India dated 30/10/2002, 01/08/2003, 28/03/2008, 24/04/2008 and 09/05/2008 in IA No. 566 in WP (C) No. 202/1995 and as per the guidelines issued by the Ministry vide letters No. 5-1/1998-FC (Pt.II) dated 18/09/2003, as well as letter No. 5-2/2006-FC dated 03/10/2006 and 5-3/2007-FC dated 05/02/2009 in this regard. b) The State Government shall charge 50 % of the minimum rate of NPV irrespective of eco-class in which the project lies provided minimum tree felling is involved as per MoEF&CC guideline No. 5-3/2007-FC dated 05/02/2009 and the orders of Hon ble Supreme Court of India order dated 24/04/2008. c) Additional amount of the NPV of the diverted forest land, if any, becoming due after finalization of the same by the Hon ble Supreme Court of India on receipt of the report from the Expert Committee, shall be charged by the State Government from the User Agency. The User Agency shall furnish an undertaking to this effect. 4. The cost of felling of trees to minimum number of trees shall be deposited by the User Agency with the State Forest Department. 5. The State Government shall charge a lease rent at the rate of Rs. 30,000/- per MW from user agency as a lump-sum onetime payment for the entire period of lease as per MoEF&CC guideline No. 8-84/2002-FC dated 16/12/ The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 7. All the funds received from the user agency under the project shall be transferred/ deposited to CAMPA fund only through e.portal ( 8. The compliance report shall be uploaded on e.portal ( After receipt of compliance report on fulfillment of above conditions from the State Government, proposal will be considered for final approval under Section 2 of the Forest (Conservation) Act, 1980 by this office. The order for transfer of forest land to user agency shall not be done by the State Government till Formal approval / Stage-II approval for diversion of forest land is issued from this office. Yours faithfully, ( ) Dy. Conservator of Forests (Central) Draft Stage-II : Wind Power Project भ रत सरक र GOVERNMENT OF INDIA पर य वरण, वन और जलवयर पररवर न म त रयलर ; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: Date :. To, The Addl. Chief Secretary (Forest),...,..., 74 P a g e

75 ..., Sub: Diversion of ha of Reserved / Protected forest land for Wind Power project. Ref: 1) This office In-principle approval letter No...dated.. 2) State Govt. letter No...dated.. 3) Online payment transaction date.. Sir, I am directed to invite a reference to State Govt. letter No.... dated..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, The Central Government vide letter (1) referred above had agreed in principle for diversion of ha Reserved / Protected Forest land of above forest land for the purpose mentioned above subject to the fulfilment of certain conditions of In-principle approval. The State Government vide letter (2) referred above has reported compliance on the fulfillment of all the stipulated conditions of In-principle approval. Now therefore, the undersigned is hereby directed to convey formal approval of the Government of India under Section 2 of the Forest (Conservation) Act, 1980 for diversion of ha of Reserved / Protected forest land for Wind Power project subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ha non-forest / degraded forest land (Compartment / Khasra No., Village-, Tahsil-.., District-..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department for the purpose of compensatory afforestation shall be declared as Reserved Forest under Section-4 or Protected Forest under Section-29 of the Indian Forest Act, 1927 or under the relevant Section(s) of the StateForest Act. The Nodal Officer, Forest (Conservation) Act, 1980 may report compliance within a period of six (6) months from the date of grant of final approval and send a copy of the original notification declaring the non-forest land under Section 4 or Section 29 of the Indian Forest Act, 1927, or under the relevant section of the State Forest Act as the case may be, to this Office for information and record; 4. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 5. User Agency shall restrict the felling of trees to minimum numbers in the diverted forest land and trees shall be felled under strict supervision of the State Forest Department. 6. User Agency shall obtain the Environmental Clearance as per the provisions of the Environmental (Protection) Act, User Agency shall demarcate the project area as per the directions of concerned Divisional Forest Officer. 8. The vane tips of the wind turbine shall be painted with orange colour to avoid bird hits. 9. The lease period shall be for a period of 30 years as per MOEF&CC guideline F. No. 8-84/2002-FC dated 14/05/ Any tree felling shall be done only when it is unavoidable, and that too under strict supervision of the State Forest Department and at the cost of the project. 11. The layout plan of the proposal shall not be changed without the prior approval of the Central Government. 12. The State Government and user agency shall undertake implementation of mitigation measures to be obtained by the user agency from BNHS/ WII or any other National level reputed agency dealing with bird conservation. 75 P a g e

76 13. The User Agency shall provide firewood preferably alternate fuels to the labourers and the staff working at the site so as to avoid any damage and pressure on forest areas. 14. The State Government and user agency shall complied with the other standard conditions in vogue as per this MoEF&CC guidelines as amended from time to time for Wind Power Project. 15. No labour camp shall be established on the forest land. 16. The User Agency and the State Government shall ensure compliance of all the Court orders, provisions, rules, regulations and guidelines for the time being in force as applicable to the project 17. The forest land shall not be used for any purpose other than that specified in the project proposal. 18. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Central Government. 19. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No /2017-FC dt 29/01/ Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests &wildlife. The State Government shall ensure compliance of all the above conditions. Yours faithfully, (..)..(C) 76 P a g e

77 Shrawan Kumar Verma, DIG (FC) Agenda No. 1 F. No. 8-04/2016-FC Sub: Diversion of ha of Reserved forest land for the development of special Economic Zone and Industrial Park at Village Siracha, navinal, Dhrub, mundra, Baroi, Gorasama, Luni, bhadreshwar, Ta. Mundra, dist. Kutch in facour of Adnai Group, Mundra port and Special Economic. The State Government of Gujarat vide their letter No. FCA-1014/10-11/14/S.F-66/F dated was submitted the above subject proposal seeking prior approval of Central Government in accordance with section-2 of the Forest (Conservation) Act, It was reported by the state Govt. in their forwarding letter dated (Pg. 4/c) that area of Siracha village is important for conservation of Indian Bird and Wolf, hence 100 ha of siracha village may be excluded from the diversion and exact location of 100 ha from the total demanded land of siracha village can be decided at the time of formal approval. 2. In SIR (Pg.84/c) carried out by the CF, Kachchh Circle, Bhuj was observed the following: - (i) As per M/s Mundra Port, the proposed area will be the part of total 10,000 ha of the proposed SEZ. The SEZ means the infrastructural development and depot of different business partners. The forest land is 15 % of the proposed SEZ and can be developed as green cover within the infrastructural development. It will be holistic development of the area. (ii) The Siracha Reserved Forest is just adjoining to the power plants of the M/s Mundra Port. About 100 ha of the Siracha Reserved Forests conserved one the best Acacia nilotica forests in the Kachch district and presently acting as carbon sink of the power project. The trees of Acacia nilotica are of about years old big trees. There are breeding of inland birds and wolf also exists in the forests. (iii) Earlier in favour of M/s Mundra Port, the reserved forests area of ha for laying of Railway line No /97- FC, MoEF, New Delhi, dated , and ha & ha for development of port based SEZ vide No. 8-2/1999-FC (pt.), MoEF, New Delhi, dated were diverted. But conditions laid out in-principle approval in later Forest (Conservation) Act, 1980 case are not fulfilled by the user agency. Therefore, these conditions should be fulfilled by the user agency than only this proposal may kindly be considered. 3. In part-iii of the prescribed form A of application (pg.42/n), the CCF, Kachchh Circle, Bhuj stated the following specific recommendation : i. The user agency has already diverted the reserved forest of ha for the same cause, so this proposed area can be developed as forests only within SEZ. Therefore, there is no need for any diversion of forest land for the same cause. ii. iii. iv. If this proposal is considered for the diversion than the forest of Siracha of an area of may be excluded because of the unique prominent Acacia nilotica forest in the district. The area is coastal area so at least 100 mt belt toward sea may be developed as green shelter belt only. For proposed compensatory afforestation land, the Murachvan area is adjoining to forest area and favorable to wildlife. But the remaining two areas Junachay and Amara are not adjoining to any forest areas. Also, they are only grazing areas for local peoples. These areas are not b28 v. eing recommended to accept as compensatory lands. vi. Therefore, these proposed Junachay and Amara areas may kindly be replace with either at Nanamo dungar having dominant indigenous trees cover, Keero dungar having Caracal site and breeding site for migratory birds or land in Abdasa taluka, having GIB habitat. 4. Site Inspection Report (SIR) by the Regional Office: The SIR for an area of ha was carried out by the CF (Central), RO, Bhopal along with other officers from regional office, Bhopal, State forest Department and Representatives of the User Agency on The SIR is reproduced below: 77 P a g e

78 i. Legal status of forest land proposed for diversion: Reserved Forest :( ha ha) = ha ii. How the land proposed for diversion is to be utilized? For Special Economic Zone (setup with self-contained facilities as park, distribution centre, commercial complexes, water supply, drainage, roads, school, hospital, township, cinema hall, air field, railway station etc. Site specific lay out plan showing extent of forest land for various facilities has not been made available. iii. Whether the proposal involves any construction of building (including residential) or not?: Yes, the proposal involves construction of commercial complexes, housing complexes, cinema halls, schools etc are proposed to be constructed in the area as part of SEZ. iv. Total cost of Project at present: Rs 625 crore as mentioned in the proposal during v. Wildlife :- Whether the forest area proposed for diversion is important from Wildlife point of view or not. : Proposed area is not a part of any protected area but 100 ha forest land in Siracha village is important for the conservation of bird life and Wolf and old Acacia-nilotica trees found in the Sircacha forest area. vi. vii. Aerial distance from the nearest boundary of any protected area: The project site is located outside 10 km. Vegetation: The entire stretch of forest has been invaded with Prosopis juliflora which is an exotic species from Maxico. This is an invasive weed which does not allow any other vegetation to come up in the area. This species though looks green to the eyes and one feels that there is green vegetation, the fact is that this species is harmful to the local indigenous species and the bio-diversity of the area. In fact Prosopis juliflora should be eradicated and replaced with local indigenous species. The plant has a short stumpy trunk and has been counted as tree for the purpose. Here and there other species are also seen that includes: Khair (Acacia catechu), Ziziphus (Zizyphus mauritiana), Palas (Butea monosperma), Tendu (Diospyros melanoxylon), Prosopis juliflora, Kardhai (Anogeissus pendula), and Reonjha (Acacia leucophloea). a. Trees to be felled: Total no. of trees proposed to be felled: (as in 2004) (The vegetation includes primarily growth of Prosopis juliflora) b. Effect of removal on the general ecosystem in the area: - There will not be any significant adverse impact on the general ecosystem by way of removal of trees in the proposed area as enough provisions have been made in Part V of the proposal to maintain green belt in Siracha and Luni villages and 100 meters green belt towards the sea side and 33 meters on either side of the water courses passing through the forest land to compensate the loss of vegetation. Most of the forest area is infested with patches of Prosopis juliflora which is an invasive alien species. viii. ix. Background of the proposal: As per the policy of the Govt. of India Special Economic Zone are intended to be developed as self- contained township for industrial and commercial with required infrastructure for industrial/commercial activities like water supply, sewerage, adequate power supply, effluent treatment facility, rail, road, port and airport connectivity for easy movement of cargo and service personnel and world class township having composite social infrastructure like schools, colleges, banks, hospitals, post offices, super market, parks, cinema halls, hotels etc. and world class commercial complexes for housing and offices of international trading and industrial organization for setting up their activities. Compensatory Afforestation: A Whether land proposed / selected for Compensatory Afforestation is suitable from plantation and management point of view? There are different versions about the suitability of CA area as can be seen in Part II and Part III of the proposal. 78 P a g e

79 B C Whether land for compensatory afforestation is f r e e f r o m e n c r o a c h m e n t a n d o t h e r encumbrances? Whether land for compensatory afforestation is important from religious or archaeological point of view? D Land identified for raising compensatory Afforestation is in how many patches? Whether patches area compact or not? Yes No Land indentified for CA is in 03 (three) patches in Kutch Forest Division ha. E Maps with details. Yes (enclosed with proposal) F Compensatory afforestation area should be clearly shown on the map, patches wise and their contiguity to the forest area, etc Yes, enclosed with proposal G Total financial outlay of 10 years CA programme : Rs 18,41,23, (including 04 years plantation and other chargess) x. Whether proposal involves violation of Forest (Conservation) Act, 1980? If yes, a detailed report on violation including the action taken against the concerned officer: As reported by the State government, there is no violation of Forest (Conservation) Act, 1980 in the forest land proposed for diversion. xi. xii. Whether proposal involves rehabilitation of displaced persons? If yes, whether rehabilitation plan has been approved by the State Government;No. Reclamation Plan: Details and Financial allocation: NA xiii. Cost benefit ratio: 1:4.95 as calculated in xiv. xv. xvi. xvii. xviii. xix. Utility of Project: The forest land is required for establishment of Special Economic Zone extending to ha of area. This project will provide direct and indirect employment to thousands of persons which will include unskilled, skilled and technical experts from various fields. SEZ is also to be developed as a hub for various economic activities which will link India with other nations through sea route for export and import purposes. However, during the site visit the user agency did not provide any lay out of the plan indicating as to how the user agency proposed to utilize the forest land. Number of Scheduled Caste / Scheduled Tribe involved in the Project Not mentioned by the user agency. Compliance of FRA 2006: It has been observed that the Certificate duly signed by the District Collector as per proforma prescribed under the provisions of the FRA has not been furnished. Whether the land being diverted has any socio-cultural/religious value? Whether any sacred groves or very old growing of trees of forests exist in the area proposed for diversion? : No. Recommendation of Nodal Officer/ PCCF and the State Government: The Nodal Officer and the State Government have recommended the proposal for approval with certain conditions. Observations made during field visit: The State government was asked vide letter dated and reminder dated to provide KML file for ha after deducting ha of forest area in Siracha village. However, vide letter dated , the State Government suggested that the Regional Office, during its visit to the site should decide as to which part of Siracha forest is to be excluded. 79 P a g e

80 a. Site specific lay out plan showing extent of forest land for various facilities has not been made available. Therefore it was not possible to link as to what is required to come in which part of the forest land. So it could not be established whether bare minimum forest land has been sought by the user agency for various facilities. b. During the site visit no significant wildlife was seen in Siracha forest. Acacia nilotica trees are located only in one corner of the Siracha forest. There are significant blanks in the Siracha area and the forest is infested with Prosopis juliflora. The entire forest land at Mundra is infested with Prosopis juliflora and is interspersed with local indigenous species. Varieties of bird life could be seen in the Mundra forest areas. c. It was informed by the DFO that no mangroves are included in the forest land proposed for diversion. d. During the visit 280 ha of mangrove plantation raised by the user agency was also shown. near Luni, Mundra, Hamira Mora and Bhadreshwar and village. This plantation is doing very well. It was also informed that in other part of the State about 2600 ha of mangrove plantations have been raised. This effort is appreciable. e. It was also observed that in the non-forest land in the control of the user agency, road side plantations have been done. Species such as Azadiracta indica, Alstonia scholaris, Peltophorum, Ficus infectoria, Cassia fistula, Ashok tree and other fruit bearing trees have been used for the purpose and they are doing very well. xx. It is recommended that the proposal for diversion of ha may be considered for approval subject to the following conditions: a. The forest land which is to be kept under green cover, should be planted with indigenous species by the user agency such as Neem, Acacia nilotica, Skis, Mango, Palm, Phyllanthus, Alstonia, palm and other fruit bearing trees etc which come up nicely in these coastal areas and Prosopis juliflora which is an alien invasive weed should be eradicated in a phased manner with a definite action plan. b. Those local indigenous species may be planted along the course of water ways which help conserve soil by the user agency. c. The 100 ha forest land, meant for conservation of old Acacia nilotica trees and small wildlife in Siracha forest, which is to be excluded from the ha forest land proposed for diversion, shall be demarcated by the State Forest Department as it was not possible to make any suggestions to this effect during the brief field visit. d. All the stipulations made in Part V of the proposal shall be binding on the user agency. e. Provisions of FRA shall be complied with and a certificate in prescribed format duly signed by the District Collector, Kachch should be submitted by the user agency. f. Detailed component wise break up of SEZ facilities, clearly showing requirement of forest land, has to be made available for consideration of the proposal. g. State Government has proposed three sites for raising CA on non-forest land. In this regard observations made by the CCF in Part III of the proposal may be seen. 5. After examining the proposal and SIR of Regional Office, the State Govt. of Gujarat was requested vide their Ministry s letter dated (Pg a/c) to furnish the para-wise reply on the points indicated in referred letter. The State Govt. vide their letter no. FCA-1014/10-11/14/S. F-66/F dated (pg /c) has submitted their response/explanation. The information/clarification sought by the Ministry and reply given thereof by the State Govt. are as follows: Point No. Observation of MoEF&:CC Reply of State Govt. 1. The complete compliance on Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 has not been submitted. With regard to gram sabha resolution, notification issued by GoI in 2009 with regard to FRA Act-2006, it has been submitted by user agency that public hearing was done on 5 th October, 2010 in Kutch District and local public of Siracha, Navinal, Zarpara, Dhrub, Nana papaya, Mota Papaya, Chasara, Baroi, Gorasama, Luni & Vadala villages were participants in the hearing. As per FCA Act 4(A)- gram sabha resolution is not required in the cases where project requires public hearing. In order to get environment clearance public hearing is compulsory under EPA has been conducted on 5/10/ P a g e

81 2. A Compact Disk containing of Shape file / KML file for the proposed forest land for diversion ad proposed area for Compensatory Afforestation under this project is not given. therefore resolution of gram sabha is not required. Moreover such provision is clearly specified in the FCA 4 (a). The compact disc having kml file/shape file of lands was submitted to Regional Office, Bhopal. However, as requested, the same for as provided by user agency is being submitted here. But the shape file for CA sites is not given. 3. Detailed component wise break up of SEZ facilities has not been given With regard to the suitability of CA area, the Conservator of Forests, Katchchh Circle suggested that two areas Junachay and Amara are not adjoining to any forest areas and they are only grazing areas for cattle belongs to local people and suggested that these areas are not being recommended to be accepted as compensatory land. The Conservator of Forests, Katchchh Circle observed that the user agency has already diverted the reserved forest of ha for the same cause, so this proposed area can be developed as forests only within SEZ. Therefore, there is no need for any diversion of forest land for the same cause. In addition, he suggested that the conditions as stipulated in the proposal for diversion of ha for laying of Railway line No /97-FC dated and ha & ha for development of port based SEZ vide letter No. 8-2/1999-FC (pt.) dated in favour of M/s Mundra Port should be fulfilled by the user agency, than only this proposal would be considered. If this proposal is considered for the diversion than the forest of Siracha of an area of may be excluded because of the unique prominent Acacia nilotica forest in the district. Detailed component-wise break up of SEZ facilities, as submitted by user agency, in their project and submitted vide their letter Dtd. 16 th August 2016 is submitted herewith. User agency has given undertaking that if forest department will not accept this area as CA areas, will be changed and new CA areas will be provided before the issuance of final approval. In this regard, it is reported by the State Govt. that GoI has issued the approval for developed of SEZ in Mundra area of ha. Based on recommendation of GoG. The details of land availed for the SEZ as given below: Land Details Ha Alredy notified area: (Land allotted for port 6456 backup area, Govt. Land allotted to GMB leased to APSEZ, land for port backup area (railway) & govt. land allotted to APSEZ for SEZ project Diverted forest land ( ha) Total The total land availed for SEZ is ha. for making up the 10,000 ha, as required for SEZ, user agency has applied forest land for diversion i.e ha. the said area is in the middle of the above availed land and some portion of is in continuity the notified area. As per conditions of SEZ Act 2006, this land would be required to continuity of SEZ project. Also the alternative land which is near the forest land available i.e. agricultural land & Gauchar land is prohibited as per SEZ rules which agency cannot propose for SEZ purpose. Prima facia requirement of the Customs Department is that the processing zones of SEZs should be located on contiguous pieces of land and that there should be overall contiguity in the various components of the SEZ project. With no alternative option other than to opt for forest land mentioned above, user agency has applied forest land for diversion i.e ha forest land. In this regard detailed report regarding the compliance of conditions, as stipulated in the diversion of ha for laying of railway line no.8-163/97-fc dtd. 24/7/2004 and 1840 ha. for development of port based SEZ, vide letter no.8-2/1999 FC dtd. 27/2/2009, in favour of Mundra Port, have already been fulfilled by user agency as well as APCCF (Land) & Nodal 81 P a g e

82 officer (FCA) has mentioned vide letter Dated 21/03/17 that bank guarantee of Rs.7.75 crore is submitted by user agency. It is further reported that while recommending the proposal, CF kutch had made observation that patch of forest 100 ha in Siracha village, possess good vegetation and is good for wildlife and wildlife habitat, however, recommendation was made to exclude the entire 394 ha of forest Siracha village. This inconsistency was noticed and accordingly, recommendation was made to exclude forest of 100 ha in Siracha village form diversion in this proposal and 1476 ha. land was proposed. The exact location of 100 ha. will be decided at the time of formal approval. Meanwhile User agency has reiterated their need of 100 ha. of Siracha village mentioning the area is not habitat for observed wild animals but is route for movement and not having exotic/indigenous floral species. For taking the above decision our office, instructed APCCF land for conducting a fresh survey in the area to assess the present situation. The systematic survey in forest area of Siracha was done by forest staff of Kutch and report was submitted. The report and its basis of observation from wild life perspective were largely not from presence/existence/variety of wildlife but from aspects of potential of area for wildlife. Further, user agency represented that this 100 ha of forest area is integrated area which has its functional integration with future expansion and have no other option and therefore have dire need of this area and expressed its willingness to pay for five times the NPV for this 100 Ha Patch in line with FCA provision of addressing the situation of diversion of wildlife protested area. Thus, the forest area of 100 hectare of Siracha village, which falls within the overall forest land requirement of ha for the above mentioned project is recommended to be included within overall diversion, subject to following condition: (a) User agency will be required to pay five times the NPV for the 100 hectares of forest area coming under diversion for non-forest use for the above project. (b) While giving due regard to the technical lay out planning of critically important facilities, the user agency unless unavoidable and as far as possible-will try to retain the bigger, mature and old trees of Acacia Nilotica, prosopis cineraria, Azadirechta indica, Phoenix dactylifa in 100 hectares of forest land siracha village which is recommended for diversion under FCA, The State Govt. has further recommended the area of ha. of forestland for diversion under Forest (Conservation) Act, 1980 as detailed below: 82 P a g e

83 Sr. No. Village Survey No. Taluka & District 1 Mundra 141 pt Ta.Mundra,Dist.Kutch Total Area ha. 2 Baroi 207pt Ta.Mundra,Dist.Kutch Dhrub 169pt Ta.Mundra,Dist.Kutch Gorasama 52pt Ta.Mundra,Dist.Kutch Luni 468pt Ta.Mundra,Dist.Kutch Bhadreshwar 733pt Ta.Mundra,Dist.Kutch Navinal 223pt Ta.Mundra,Dist.Kutch Siracha 295pt Ta.Mundra,Dist.Kutch Danderi(Siracha) 295pt Ta.Mundra,Dist.Kutch Siracha 295pt Ta.Mundra,Dist.Kutch Sub-Total , 94,657 trees are required to be cut in the demanded area. 8. from the perusal of SIR it is learnt that the forest land is required for the purpose of Commercial complex, Water supply, Drainage, Road, Schools, Hospitals, Township,Airfield, Railway Station etc. Without site specific layout plan of the area. It is difficult to ascertain the need for forest land for different components. Some of the land use suggested above are contrary to FCA guidelines 4.5(i) and 4.5 (ii) that says the Central Govt. will not entertain any proposal for diversion of forest land for construction of dwelling houses. State Govt. under it recommendation at point no. 12. had clearly said that diverted forest land shall not be utilized for Golf Course, Beach Resort, Park or Residential purpose or any other activity prohibited by FCA, 1980 and /or guidelines there under. 9. In connection with suitability of CA land, the State Govt. was informed that User agency has given undertaking that if forest department will not accept this area as CA areas, will be changed and new CA areas will be provided before the issuance of final approval. 10. The above facts with SIR done by Regional Office, Bhopal was considered by FAC in its meeting held on and after thorough deliberations and discussion with the user agency,the FAC recommended that the proposal may be submitted for consideration of FAC after receiving the comments from the state Government on the following observation : (i) Detailed land use plan has not been submitted and therefore the State government shall provide detailed land use of the whole area including forest and non-forest land. (ii) State government will analyse and examine the land use plan and submit a proposal for diversion of forest land for non forestry purpose for only those land use which are permissible under the guideline of FCA (iii) MOEF &CC had accorded prior approval under section 2(ii) of FC Act 1980 in favour of M/s Mundra Port, for diversion of reserved forests area of ha for laying of Railway line vide letter No /97-FC, MoEF, New Delhi, dated , and ha & ha for development of port based SEZ vide No. 8-2/1999-FC (pt.), dated It has been brought to the notice of FAC that the conditions laid out in these approvals under Forest (Conservation) Act, 1980 have not been fulfilled / complied by the user agency. The state government shall submit complete compliance of all stipulations of past approvals under section 2(ii) of FCA (iv) Site inspection was carried out by the regional office for ha whereas state government has now recommended the proposal for total ha, which include 100 ha of Acacia nilotica patch, with condition that the same may be diverted by allowing user agency to pay five times of NPV of forest area. This patch is a part of 394 ha of forest of Sircha village which CF Kutch had recommended to be excluded. Regional office may inspect the area again and give specific comments on exclusion/inclusion of 100 ha or 394 ha into the proposal. (v) State government may kindly give justification for notifying the forest area as part of SEZ (special economic Zone) without seeking prior permission under the provision of Forest conservation act P a g e

84 (vi) It is reported that the part of Non forest area is being utilized as SEZ and now the proposal is for the balance patches of forest area which are required to be included in SEZ to make the total area as ha. From the review of the map and justification of the state it is learnt that it is statutory requirement of custom department that for processing zone of SEZ it should be located on contiguous pieces of land and that there should be over all contiguity in the various components of SEZ. State Government had further justified that there is no option than to opt for the diversion of forest land to be included in the SEZ. The State Government may be asked why this matter was not brought to the notice of FAC earlier. (vii) State government shall give very specific recommendation regarding suitability of Compensatory afforestation land. (viii) State government shall submit complete compliance of FRA. 11. Accordingly, the State Govt. and Regional office, Bhopal were requested to furnish the information as sought by FAC in its meeting held on (Pg /c). 12. The State Government vide their letter no. FCA-1014/10-11/14/S.F-66/F dated (Pg /c) has submitted their compliance. The point-wise information as sought by the Ministry and reply thereof given by the State Govt. are as follows. S. N. Observation of MoEF&CC Reply of State Govt. i. Detailed land use plan has not been submitted and therefore the State government shall provide detailed land use of the whole area including forest and non-forest land. ii. State government will analyse and examine the land use plan and submit a proposal for diversion of forest land for non-forestry purpose for only those land use which are permissible under the guideline of FCA iii. MOEF &CC had accorded prior approval under section 2(ii) of FC Act In this regard, the State Govt. reported that the user agency has submitted details pocket wise land use plan as per the FCA, 1980 guideline and is attached in their reply as Annexure-A (pg. 803/c), as submitted to CCF, Kutch & Nodal Officer. Detailed land use plan is in accordance with their project needs and project components. User agency has provided detailed land use plan and has given confirmation that diverted forest area for only those land uses which are permissible under the guideline of FCA, The details of proposed land use are as follows: Proposed land use Area in ha. Power Plant 1000 MW X Copper Smelter Plant 1 MT capacity Coal to Polygeneration 10 MT capacity CFS & warehousing Engineering Cluster 5.21 Mix Industrial cluster viz engineering ware house etc and social Infrastructure as per FCA 1980 guidelines viz schools, hospitals/ dispensary, community halls, cooperatives, etc. CFS & warehousing Commercial Airport with MRO, Storage yards, fuel tankers, terminals etc. Engineering Cluster with Water front for manufacturing and assembly of Crane, Boilers, project cargo, port operation equipment, etc and Liquid storage tanks farm Total In this regard, the State Govt. reported that that compliance of all conditions put forward in Final Approval given by the 84 P a g e

85 iv in favour of M/s Mundra Port, for diversion of reserved forests area of ha for laying of Railway line vide letter No /97-FC, MoEF, New Delhi, dated , and ha & ha for development of port based SEZ vide No. 8-2/1999-FC (pt.), dated It has been brought to the notice of FAC that the conditions laid out in these approvals under Forest (Conservation) Act, 1980 have not been fulfilled / complied by the user agency. The state government shall submit complete compliance of all stipulations of past approvals under section 2(ii) of FCA 1980 Site inspection was carried out by the regional office for ha whereas state government has now recommended the proposal for total ha, which include 100 ha of Acacia nilotica patch, with condition that the same may be diverted by allowing user agency to pay five times of NPV of forest area. This patch is a part of 394 ha of forest of Sircha village which CF Kutch had recommended to be excluded. Regional office may inspect the area again and give specific comments on exclusion/inclusion of 100 ha or 394 ha into the proposal. v. State Government may kindly give justification for notifying the forest area as part of SEZ (special economic Zone) without seeking prior permission under Govt. of India conditions has been given as Annexure-B (pg /c). In principal approval has been granted by Govt. of India vide letter No. 8-2/1999-FC (PT) dated for land admeasuring 1840 ha and ha to Adani Ports and SEZ Ltd for development of port based Special Economic Zone. Compliance of conditions laid down in In-principle approval granted by the Govt. of India the User Agency has been given as Annexure-B (pg /c). For the condition No. 8 of in principle approval no. 8-2/1999-FC (PT) dated , ha. Land is transferred in the name of Forests & Environment Department out of ha Land of which was possessed by GEDA. For the Conditions No. 17, 18 & 19 of Memorandum No. FCA-1009(10-14) SF-18-K dated , the user agency has given the Bank Guarantee of Rs.7,73,00, User agency has provided detailed compliance of all conditions put forward in Final Approval given by the Govt. of India conditions and which is enclosed as Annexure-B (pg /c). In this regard, the State Govt. reported that at one point of time in 2009, the then Conservator of Forest, Kutch has directed to exclude an area of 394 ha in Village Siracha stating that 100 ha patch possess good vegetation and presence of wild animals. The State Govt. accordingly recommended final proposal with deduction of 100 ha land out of this 394 h in Jan, However, User agency requested State Govt. for the resurvey of the Siracha land stating that the Wild life report is quite old i.e. of 2009 and at present no wildlife and exotic vegetation is available in that area. The survey was carried out by CCF, Kutch office and founded that there was negligible movement of wildlife as per report and Acacia Nilotica is present only in one corner of the land parcel. Further, the area of 100 ha of Siracha is in close proximity to existing power plant and as represented by user agency this Forest land of Siracha is necessary for their expansion of Power Plant, due to integration with existing power plant. User agency has also represented and agreed to pay 5 times NPV in line with FCA provision of addressing the situation of diversion of Wild life protected area. User agency feels that there is no other alternative for 100 ha land and for that DCF Kutch East has recommended not to exclude 100 ha land. But, as per reference of Minutes of Meeting of Forest Advisory Committee held on , APCCF, Regional Office, Bhopal has conducted the site inspection once again on to decide for 100 ha Siracha forest land. Previously, it was done on So now this aspect pertains to Regional Office Bhopal and its further report on latest site inspection report. In this regard, the State Govt. reported that Ministry of Commerce and Industry, Govt of India has granted in principle permission for total ha of Special Economic Zone (SEZ) to User Agency in 2001 under State Govt s Exim Policy In the meantime, user 85 P a g e

86 the provision of Forest conservation act agency has acquired 6456 ha land in piece meal through private land, direct allotted Govt land and Govt land allotment through Gujarat Maritime Board. As and when user agency got the possession of land, it was further notified as SEZ Area after getting approval from Ministry of Commerce and Industry, GoI. Further, the area of 1840 ha and 168 ha forest land has been diverted to APSEZL by Forest Department in Nov-2009 has also been notified for SEZ area in April-2015 and March-2012 respectively. vi. It is reported that the part of non- forest area is being utilized as SEZ and now the proposal is for the balance patches of forest area which are required to be included in SEZ to make the total area as ha. From the review of the map and justification of the state it is learnt that it is statutory requirement of custom department that for processing zone of SEZ it should be located on contiguous pieces of land and that there should be over all contiguity in the various components of SEZ. State Government had further justified that there is no option than to opt for the diversion of forest land to be included in the SEZ. The State Government may be asked why this matter was not brought to the notice of FAC earlier Thus, as of now total 8464 ha of area has been declared as SEZ Area. The area declared as SEZ area earlier is adjacent to various pockets of this 1576 ha forest land, which is proposed for diversion by User Agency. The area of 1576 ha as proposed for allotment by User Agency has not been declared as SEZ Area as it is not in their possession. As informed by user agency, they will approach Ministry of Commerce and Industry, Govt of India to declare this area as SEZ area only after the area is diverted to User Agency. Ministry of Commerce and Industry, Govt. of India has granted in principle permission for establishing SEZ in total 10,000 ha. of Special Economic Zone (SEZ) to User Agency in 2001 under State Govt. s Exim Policy That the forest land, is required to complete the SEZ land requirement for establishing SEZ has been mentioned in the original proposal and has been provided in various comments, offered by user agency and this office. Thus, as of now total 8464 ha of area, acquired in piece meal through Private land, Direct Govt. allotted land and Govt. land allotment through Gujarat Maritime Board has been declared as SEZ area. As informed by user agency, they will approach Ministry of Commerce and Industry, Govt. of India to declare this area as SEZ area only after the area is diverted to User Agency. In this regard, the State Govt. reported that the proposal of User Agency for area under consideration is adjoining to already declared as SEZ of 8464 ha land. There is no other land except Forest Land. Hence, User agency has proposed for diversion of Forest Land. Ministry of Commerce and Industries, Govt. of India has granted In-principle permission for establishing SEZ in total ha of Special Economic Zone (SEZ) to User Agency in 2001 under State Government s Exim Policy, That the land is required to complete the SEZ land requirement for establishing SEZ has been mentioned in the original proposal and has been provided in various comments, offered by user agency and his office. It is statutory requirement of customs department that for processing zone of SEZ, it should be located on contiguous pieces of land and that there should be over all contiguity in the various components of SEZ. This aspect has been 86 P a g e

87 vii. State Government shall give very specific recommendation regarding suitability of Compensatory afforestation land. submitted by the State Government earlier, in its project justification and other clarifications provided. The State Govt. stated that the detailed scheme for Compensatory Afforestation and land suitability was already prepared in Sept-2008 while processing the proposal. But, as per the opinion of then Conservator of Forests, Kutch that Non-Forest Land of Junachy and Amara area offered as CA land by User Agency is not adjacent to existing forest land and therefore not suitable for afforestation. However, as per the latest resolution of State Government dated whenever the Non-forest land being offered as Compensatory Afforestation land is not possible to be contiguous to existing forest land and if the area of diversion is 100 ha or more area the CA land should not be less than a patch of 25 ha. Considering this guideline the CA offered land at Junachy and Amara was found suitable. State Government vide its GR dated has provided guidelines for suitability of private land for compensatory land. Considering this guideline, the CA offered land at Junachy and Amara was found suitable. Suitability Certificates along with scheme of Compensatory Afforestation and land suitability for land area of ha of Village Murachban, Ta. Lakhpat, ha of Village Junachy, Ta.Lakhpat and 790 ha of Village Amara, Ta.Nakhatrana have been provided by DCF accordingly. However, User Agency has given undertaking if forest department is not ready to accept proposed CA land as mentioned above, it will be changed and new CA areas will be provided before the issuance of final approval. viii. State Government shall submit complete compliance of FRA. The State Govt. stated that an Undertaking has been given by the User Agency that all formalities as per the Guidelines of Forest Rights Rules-2006 of Government of India will be completed before final approval. So, Undertaking of User Agency may be provided. 13. The Ministry vide it s letter dated requested the Regional Office, Bhopal to inspect the area again and give specific recommendations on the exclusion / inclusion of 100 hectares or 394 hectares of forest area in the proposal Accordingly, Accordingly, the SIR (Pg /c) has been carried out by the APCCF, RO, Bhopal and the SIR is reproduced below: The Government of Gujarat vide its letter dated applied for diversion of ha of Reserved Forest for the development of Special Economic Zone and Industrial park at village Siracha and other adjoining villages of District Kutch in favour of Adani Group, Mundra Port and Special Economic Zone Ltd, Ahmedabad. However, the same proposal also contained a recommendation to exclude 100 ha of forest area of Siracha village which was considered important for wild life conservation thus in effect asking diversion for only ha only. Accordingly, Ministry vide its letter dated directed the Regional Office to inspect the forest and submit Site Inspection Report. The same was conducted by the Regional Office on and final Site Inspection Report was submitted to the Ministry vide Regional Office letter dated As per the request of the State Government, the Regional Office also recommended diversion of only ha and while recommending stipulated that 100 ha of forest area which is to be excluded from ha shall be demarcated by the State Forest Department as it was not possible to make any suggestion to this effect during the brief field visit. After examining the proposal, MOEF&CC asked for the certain clarifications from the State Government vide its letter dated which inter alia included the issue of forest land of Siracha village also. The State Government in its 87 P a g e

88 reply dated not only reiterated its request for diversion of ha earlier recommended for diversion but in addition, on the request of the User Agency, further recommended the diversion of 100 ha of Siracha village also. As per the State Government letter, the revised recommendations were made after it instructed APCCF (Land) to conduct a fresh survey in the area to assess the present situation and the same was done by forest staff of Kutch. The recommendation was made subject to the following two conditions: (a) The User Agency will be required to pay the five time the NPV for the 100 ha of forest area coming under diversion non-forest use for the project ; (b) While giving regard to the technical layout planning of critically important facilities, the User Agency unless unavoidable and as far as possible will try to retain the bigger, mature and old trees of Acacianilotica, Prosopis cineraria, Azadirechtaindica, Phoenix dactylifa in 100 ha of forest land in Siracha village which is recommended for diversion under FCA, As per the direction of MOEF&CC, the project area was inspected by APCCF(Central) on with the specific and the only objective of evaluating the recommendation of the State Government of Gujarat to include 100 ha of ha of Siracha village into the project after its diversion under Forest Conservation Act, APCCF(Central) was accompanied by Shri U.D. Singh, APCCF (Land), GOG, Shri P.S. Randhava, CCF, Kutch and the senior officers from the User Agency. Based on my field observations during inspection, the discussions held at the time of inspection with User Agency officers as well as officers of State Forest Department, I recommend the consideration of diversion of hectares of forest area of Siracha village for the following reasons: I. The forest land of Siracha village is adjoining the existing power plant of the User Agency. During field inspection the User Agency representatives informed that the forest land of Siracha village is required for the expansion of the existing power plant which was initially developed keeping in view the future expansion. Therefore, for the expansion of existing power plant, the User Agency has no option for alternative site and its requirement are integral for implementation, operation and expansion of future component. In this connection, the enclosed map may kindly be perused (pg /c). II. III. IV. The Siracha forest land is an isolated patch of forest measuring (Map prepared by BISAG enclosed). Though, it is good forest, however, since it is surrounded from all sides by habitation and various kinds of infrastructure it does not, therefore, possess high conservation value. During inspection, I found no major signs of wild life. The last Inspection Report of Regional Office, Bhopal dated also under paragraph 19 mentions that during site visit, no significant wild life was seen. With the full development of SEZ, its conservation value would be further undermined. It the CA area is developed contiguous to an existing large forest area with good potential for conservation the loss on account of ha of forest area would be adequately compensated. Generation of power is one of the key requirements for the development of the country. The 3000 MW proposed to be generated, as informed by the User Agency, through the said expansion of adjoining power plant near Siracha, in my well-considered opinion, would be far less detrimental to the overall environment as compared to another standalone thermal power plant established elsewhere to produce same amount of power. The main reason for this is that such a standalone power plant in the hinterland would he supplied huge quantity of required coal transported through railway or road whereas the proposed expanded thermal power plant would be fed coal by a conveyor system (as informed by User Agency during inspection) from Mundraport to the power plant. Secondly the expansion would use the existing sea water facility for cooling and consumptive purpose thus avoiding use of huge quantity of fresh water if the new plant were to come up elsewhere (copy of relevant portion of EC enclosed). Thirdly, the expansion would use the existing infrastructure facilities for evacuation of power. The State Government has recommended payment of five times the NPV for the 100 hectares of forest area coming under diversion for non-forest use for the project. 14. The above facts related to the proposal was placed before FAC in its meeting held on and the Committee and the Committee observed as follows: (i) The present proposal is for diversion of ha of reserved forest for non-forestry purpose for the development of port based multipurpose SEZ by Adani Ports and Special Economic Zone Limited (APSEZL) in Mundra coast in Kutch district of Gujarat. 88 P a g e

89 (ii) Adani Ports and Special Economic Zone Limited (APSEZ) is a private multi-port operator. The company was earlier known as Mundra Port & Special Economic Zone Ltd (MPSEZ) and it changed its name to "Adani Ports and Special Economic Zone Limited (APSEZL)" on January 6, (iii) Adani Ports and Special Economic Zone Limited (APSEZL): In 1994, the Gujarat Maritime Board (GMB) approved setting up a captive jetty at the Port of Mundra. The Adani group initiated its activities in Mundra in In 1998, a joint sector company, the Gujarat Adani Port Ltd. (GAPL), was incorporated. In 2001, the Port of Mundra signed a concession agreement with GMB for development, operation, and maintenance of the port at Mundra. (iv) According to the State Government, the Ministry of Commerce and Industry, Government of India granted in principle permission for total ha of Mudra Special Economic Zone (MSEZ) in 2001 under State Government s Exim Policy Under SEZ Act 2005 a Special Economic Zone (SEZ) at Mundra was notified in The Mundra Special Economic Zone was merged with GAPL of Adani Group. The combined company was renamed Mundra Port and Special Economic Zone Limited (MPSEZL) under Adani Group. (v) Forest Clearances granted to MPSEZL: a. On 26 th June 1998 the proposal for 2400 ha of Forest land for M/s Adani Chemicals was submitted by the State Government which was rejected by Forest Advisory Committee (FAC) on the ground that the area contains lakh mangrove trees. On 17 th July 2002, FAC asked for a fresh proposal to be submitted due to high impacts of the project and its location in an ecologically fragile region. On 26 th September 2002 FAC recommends 1840 ha of forest land out of the revised proposal for 1850 ha. 10 ha of interspersed mangrove forests was kept out. However, the proposal was granted in principle approval on 13 th May 2004 by MoEF to M/s Adani Chemicals for diversion of ha of forest land in only one consolidated patch in survey area number 169/36 for salt washery and desalination plant for diversion of 1840 ha of forestland for high purity salt works. The EC was also granted to Adani Chemicals Limited for the establishment of high purity salt works, involving an area of ha, of this 1850 ha is forestland, for which the in-principle forest clearance was granted in May The Forest Clearance (FC) and EC letters specify that 10 ha of interspersed mangrove forest, which was deleted from the proposed area shall be transferred back to the state government and maintained at the project cost. b. On 23 rd June 2004 MoEF granted approval for change of user agency from M/s Adani Chemicals Ltd to M/s Mundra SEZ Ltd. However on 5 th September 2007, the MPSEZ Ltd requested the MoEF to amend the In principle approval to include phasing out of payments for the diversions of the forest land and changing the name to Mundra Port and SEZ Ltd (MPSEZL); and also for change of land use in Master Plan also in favour of MPSEZ Ltd. c. However on 27 th March 2008 FAC rejected the change of land use to carry out activities related to the Master Plan of the MPSEZL which was against purposes (high purity salt works and salt washery) for which the forest land was earlier diverted. The FAC noted, the proposed land use completely changes the scope and purpose of the original diversion accorded...the state government may be advised to submit the proposal afresh. d. The application for fresh forest clearance for 1840 ha came up before the Forest Advisory Committee (FAC) of the MoEF in March Thereafter on 17 th April 2008, the FAC considers and recommended the proposal following a representation by MPSEZL dated 3 rd April This came under the scanner of CEC. On 16 th July 2008 Central Empowered Committee reported on the FAC reconsideration decision to divert 1840 ha ha of forest land. The report concludes, the CEC is of the view that the recommendations of the FAC in the present case may not be accepted and the present request by the user agency for the diversion of forest land in a phased manner as part of the expansion of the Mundra Port and SEZ Limited may be rejected. On 3 rd October 2008 Supreme Court's order in the TN Godavarman case, as Regards the proposed land use, the State Government may furnish a fresh proposal to the FAC within a reasonable time. e. A fresh application was made by MPSEZL and was granted in-principle approval for forest land of ha (1840 ha ha) on The final approval was granted by MoEF on with specific and standard conditions. 89 P a g e

90 f. The proposed land use for diversion of 1840 ha of forest land as recommended by the State Government was as under: S. No. Description of Items Area (Ha) 1. Port incl. Jetties, Basine, harbour, barge Berths, Tug Berths and their Immediate back-up Areas for Cargo handling area, Crane movement area, circulation areas etc Container Freight Stations (CFS) including closed areas, Open Container Storage areas, Godowns & Closed Storage Areas for Bulk & Liquid Cargos including Rail sidings etc Open Stock Yards & Open Hard Stands incl. rail sidings etc. for coal, Iron Ore, Steel, Cement, FIM, Pipes etc. 5. Transport & Utiliti Corridor including Railway Lines, Roads, Drains, water Pipelines, Oil & Gas Pipelines, Sewage Pipelines, Sea-Water Intake Channel, Outlet Channel/Pipelines, Transmission Lines, Conveyors, Telecom / Data Transmission Lines, Buildings etc Green Belt, etc Total And the proposed land use for diversion of ha of forest land as recommended by the State Government was as under: S. No. Description of Items Area (Ha) 1. Container Freight Stations (CFS) including Closed areas, Open Storage areas, Circulation areas etc Light / Medium Industries CBD / Offices, Roads, Drains, Water Pipelines, Oil & Gas Pipelines, Sewage Pipelines, electricity Lines, Telecom / Data Transmission Lines, other Buildings etc Green Belt Development Total (vi) The final approval was granted by MoEF on with specific and standard conditions. (vii) Details of notified Adani Port Special Economic Zone: According to the project authority, the project involves development of SEZ of the ha of SEZ, the plot area, ha is notified in different point of time. On May 27, 2009, the Ministry of Commerce and Industry re-notified and consolidated the SEZ area of ha. After forest clearance, the Ministry of Commerce and Industry de-notified 1840 ha of Mundra SEZ on 25 th November The details of SEZ notification is as under: Notification of SEZ Area Notified as SEZ (ha) March 4, 2006, GPCB issued a site clearance certificate to Mundra SEZ Limited for airstrip development at survey No. 52/53 of Village Goersana in Mundra. June 23, 2006, Ministry of Commerce and Industry notified multi product SEZ under GAPL of ha in Mundra and Anjartalukas P a g e

91 September 6, 2006, Ministry of Commerce and Industry transferred the notified multi product SEZ under GAPL of ha in Mundra and Anjartalukas to M/s Mundra Port and Special Economic Zone Limited. May 10, 2007, Ministry of Commerce and Industry notified power SEZ under Adani Power Private Limited of ha in Tunda and Siracha villages July 3, 2007, Ministry of Commerce and Industry notified an additional area of ha was notified as part of the SEZ June 23, 2006, Ministry of Commerce and Industry notified an additional area of ha as part of the multi product SEZ under MPSEZL May 2, 2008, Ministry of Commerce and Industry notified an additional area of ha under the multi product SEZ in favor of MPSEZL August 11, 2008, Ministry of Commerce and Industry notified an additional area of ha under the multi product SEZ in favor of MPSEZL Total May 27, 2009, Ministry of Commerce and Industry re-notified and consolidated the SEZ area of ha (viii) The APSEZL again proposed in 2010 to develop another ha including 1840 ha already diverted and another 1670 ha of government land including ha of forest land. APSEZL however approached the Forest Department vide ref no APSEZL/APCCF (land)/f-01/ dated 10th June 2013 for the entire ha Reserved forest. (ix) The State Government of Gujarat vide their letter No. FCA-1014/10-11/14/S.F-66/F dated had submitted the proposal for additional ha of all remaining forest land to consolidate all land holding in the proposed APSEZ which was submitted for diversion in The proposal was considered earlier in the FAC meeting dated also. The details of forest land is as under: Village Survey No. Hect. Siracha 295/paiki Siracha 295/paiki Navinal 223/paiki Dhurb Mundra 169/paiki 141/paiki Baroi 207/paiki Goarsama 52/paiki Luni 468/paiki Bhadreshwar 733/paiki (x) The application was submitted by Mundra Special Economic Zone Limited (MSEZL) in old application form in March 2005 for Mundra Special Economic Zone (MSEZ) for following purposes: MSEZ is proposed to be set up with self-contained facilities like Ind. Park Complex, Distribution Center, Commercial Complexes, Housing Complexes, Utilities like Water Supply, Drainage, Roads, Lighting, Social Infrastructure like schools, colleges, hospitals, townships, open air theatre, amusement park, etc. and provision for Air-field, helipad, railway station, roads (SH& NH), etc. over a total area of about 10,000 hectares. This 10,000 hectares land is required to be in contiguous blocks as far as possible in the area identified which includes Govt. Waste Land, Forest Land, Private Land, etc. The development will be as per the detailed project report. The class SEZs set up at JEBEL ALI-FTZ Dubai and SHENZEN PORT HONGKONG. (xi) Justification for the diversion of forest land was given as under: As per the policy of the Government India, SEZs are intended to be developed as self-contained township for industrial and commercial with required infrastructure for industrial/commercial activities like water supply, sewerage, 91 P a g e

92 adequate power supply, effluent treatment facilities, rail, road, port and airport connectivity for easy movement of cargo and service personnel and world class township having composite social infrastructure like schools, colleges, banks, hospitals, post offices, super markets, amusement parks and gardens, recreation centers and cinema halls and hotels and restaurants and world class commercial complexes for housing the offices of international trading and industrial organizations for setting up their activities in the Special Economic Zone. In the case of Mundra SEZ, after eliminating the existing populated areas, contiguous land available are Government was land and forest land without useful vegetation and private uncultivable land. Moreover, the land in question is located in the vicinity of Mundra Port and railway line. The forest land proposed for diversion is within the overall boundary of the Mundra SEZ project. There is significant vegetation on the proposed forest land and the particular lands cannot be avoided for making contiguous land blocks. Moreover, the sea facing forest lands offer ideal scope for development of various SEZ activities without really sacrificing any forest. For all the above said development contiguous blocks of lands are required to facilitate proper area planning. Moreover, SEZ project is supposed to be in vicinity of sea port for providing easy movement of bulk cargoes. For the industries located in SEZ, re-export facilities will be excellent and will have benefits of some special privileges. The SEZ industries will generate huge employment for the country and benefits of value addition accrue to the nation while the benefits of duty exemption are availed by entrepreneurs locating their industrial units in SEZ. (xii) The proposal was recommended by the DFO on and the Chief Conservator of Forests Kuchchh Circle recommended the proposal on to the Nodal officer FCA Gujarat with the following observation: 1. The user agency has already diverted the reserved forest of ha for the same cause, so this proposed area can be developed as forests only within SEZ. Therefore, there is no need for any diversion of forest land for the same cause. 2. If this proposal is considered for the diversion than the forest of Siracha of an area of may be excluded because of the unique prominent Acacia nilotica forest in the district. 3. The area is coastal area so at least 100 mt belt toward sea may be developed as green shelter belt only. 4. For proposed compensatory afforestation land, the Murachvan area is adjoining to forest area and favourable to wildlife. But the remaining two areas Junachay and Amara are not adjoining to any forest areas. Also, they are only grazing areas for local peoples. So, as CF, undersigned does not recommend to accept these areas as compensatory lands. 5. Therefore, these proposed Junachay and Amara areas may kindly be replaced with either at Nanamodungar having dominant indigenous trees cover, Keerodungar having Caracal site and breeding site for migratory birds or land in Abdasa taluka, having GIB habitat. (xiii) The Nodal Officer FCA recommended the proposal on to the with following recommendations: The user agency has submitted proposal for diversion of ha of forest land for the purpose of developing SEZ. However, it is recommended for ha area, subject to following conditions: 1. There exist rights of local people as per forest settlement reports in the area. These rights may either be continued as such or the user agency should provide alternative at their cost. 2. As Siracha RF supports good patches of Deshi Babool (Acacia nilotica) and small wildlife, these patches, totaling to ha area will be conserved in situ as Green Belt by the user agency. 3. User agency shall provide right of way of not less than 8 mts width within Dhrub RF area for the proposed diversion of 24 ha which has been excluded from the proposal of the user agency. 4. The non-forest land to Compensatory Afforestation shall be transferred to the Department duly demarcated and surveyed by DILR and after barbed wire fencing or trench mound fencing shall be provided by the user agency as decided by CCF, Kachchh. 5. User agency will develop green shelter belt of not less than 100 mts. width all along the adjoining coastal land of the proposed area under diversion. 6. Permission of the competent authority shall be obtained by the user agency for developing the area as SEZ. 7. It user agency fails to develop the area with 5 years from the date of the formal approval, the remaining area shall be reverted back to the Forest Department without payment of any refund or compensation of any kind. 92 P a g e

93 (xiv) The State Government has recommended the proposal on subject to the following conditions: Diversion of ha of forest land of Reserved forest land for development of Special Economic Zone and Industrial Park at village-siracha, Navinal, Dhurab, Mundra, Borai, Gorasama, Luni, Bhadreshwar, Taluka. Mundra, Distt., Kutch in favour of Adani Group Mundra Port and Special Economic Zone Ltd, Ahmedabad this proposal is recommended subject to the following conditions: 1 The user agency shall make necessary arrangements for right of the way for the local people from the diverted land. Plan of such arrangement with the consent of local people shall be submitted before the formal approval to this proposal. 2 All the conditions as recommended by the Chief Wildlife Warden shall be complied with the User Agency. (A copy is enclosed in this proposal) 3 The User Agency shall develop and maintain a green belt at Siracha Village for in situ conservation of Indian Birds and Wolfs, hence 100 ha. area of Siracha village may be excluded from the diversion. Exact location of 100 ha. from the total demanded land of Siracha village can be decided at the time of formal approval. 4 If 122 ha. of Village Zarpapa- 683 ha., of GMB or any other revenue land is allotted for this SEZ then equivalent land from land shall be reduced from the demanded forest land for this SEZ. 5 The Compensatory Afforestation land shall be surveyed at the cost of User Agency and erect pillars and barbed wire fencing or trench under the consultation of CCF, Kutch Circle. 6 The user agency shall develop the 100 mts shelter belt at adjoining sea side. 7 Approval of Developing SEZ shall be obtained by the User Agency from concerned authority. 8 The diverted shall be utilized for the purpose of the SEZ within 5(five) years from the date of the formal approval. If the user agency fails to do so, the unutilized forest land shall be recovered by the Forest Department. 9 The User Agency shall obtain Environment Clearance, CRZ Clearance before the commencement of the work. 10 The Compensatory Afforestation land shall be handed over to the State Forest Department without any liability and encroachment before the formal approval to this proposal. 11 All the conditions of the formal approval of ha forest land shall be diverted shall be complied with before the formal approval of this proposal (a) 3770 ha non-forest land of Kutch district shall be transferred to the state Forest Department before the formal approval to this proposal for the Ghorad Sanctuary. (b) Compensatory Afforestation for the approval of ha of forest land shall be transferred to the State Forest Department before the formal approval to this proposal. (c) The User agency shall pay the cost of fencing in Compensatory Afforestation land to the State Forest Department before the formal approval to this proposal. (d) The user agency shall pay the difference amount of 5.35 Crores for the firewood estimation from ha forest land before the formal approval to this proposal. (e) Any other conditions of the formal approval of the ha diverted forest land before the formal approval of this proposal. 12 Diverted forest land shall not be utilized for Golf Course, Bench Resort, Park or Residential purposes or any other activity prohibited by FCA 1980 and/or guidelines there under. 13 The user agency shall comply the additional conditions of processing fee, Registration fee, Additional Compensatory Afforestation Land, Amount for Additional Compensatory Afforestation Land and additional Compensatory Afforestation Land and additional amount as per Government of Gujarat s GR No. FCA-1013/11-10/SF-24/F Dated The user agency shall comply the provisions of Forest Right Act, 2006 before the formal approval of this proposal. 15 Recommendations of the Nodal Officer is submitted by its letter no. JMN/29B/A/806/ dated (A copy is enclosed in this proposal) 93 P a g e

94 (xv) The said proposal was considered earlier also by the FAC in its meeting held on and based on the facts made available on the date of FAC meeting, the following information were sought from the State Government: (i) (ii) Detailed land use plan has not been submitted and therefore the State government shall provide detailed land use of the whole area including forest and non-forest land. State government will analyse and examine the land use plan and submit a proposal for diversion of forest land for non- forestry purpose for only those land use which are permissible under the guideline of FCA (iii) MOEF&CC had accorded prior approval under section 2(ii) of FC Act, in favour of M/s Mundra Port, for diversion of reserved forest area of ha, for laying of Railway line vide letter No /97FC, MoEF, New Delhi, dated , and ha. & ha. for development of port based SEZ vide No. 8-2/1999-FC(Pt), dated It has been fulfilled/complied by the user agency. The State Government shall submit complete compliance of all stipulations of past approvals under section 2(ii) of FCA, (iv) Site inspection was carried out by the regional office for ha whereas state government has now recommended the proposal for total ha, which include 100 ha of Acacia nilotica patch, with condition that the same may be diverted by allowing user agency to pay five times of NPV of forest area. This patch is a part of 394 ha of forest of Sircha village which CF Kutch had recommended to be excluded. Regional office may inspect the area again and give specific comments on exclusion/inclusion of 100 ha or 394 ha into the proposal. (v) State Government may kindly give justification for notifying the forest area as part of SEZ (special economic Zone) without seeking prior permission under the provision of Forest conservation act (vi) It is reported that the part of non- forest area is being utilized as SEZ and now the proposal is for the balance patches of forest area which are required to be included in SEZ to make the total area as ha. From the review of the map and justification of the state it is learnt that it is statutory requirement of custom department that for processing zone of SEZ it should be located on contiguous pieces of land and that there should be over all contiguity in the various components of SEZ. State Government had further justified that there is no option than to opt for the diversion of forest land to be included in the SEZ. The State Government may be asked why this matter was not brought to the notice of FAC earlier. (vii) State Government shall give very specific recommendation regarding suitability of Compensatory afforestation land. (viii) State Government shall submit complete compliance of FRA. (xvi) Accordingly, the State Govt. and Regional office, Bhopal was requested vide the Ministry s letter dated to furnish the information as sought by FAC in its meeting held on The State Government vide their letter no. FCA-1014/10-11/14/S.F-66/F dated has submitted their compliance report as under: S. No. i. & ii Reply of State Govt. In this regard, the State Govt. reported that the user agency has submitted details pocket wise land use plan as per the FCA, 1980 guideline and is attached in their reply as Annexure-A (pg. 803/c), as submitted to CCF, Kutch & Nodal Officer. Detailed land use plan is in accordance with their project needs and project components. User agency has provided detailed land use plan and has given confirmation that diverted forest area for only those land uses which are permissible under the guideline of FCA, The details of proposed land use are as follows: Proposed land use Power Plant 1000 MW X 3 Area in ha Copper Smelter Plant 1 MT capacity 125 Coal to Polygeneration 10 MT capacity CFS & warehousing P a g e

95 Engineering Cluster 5.21 Mix Industrial cluster viz engineering ware house etc and social Infrastructure as per FCA 1980 guidelines viz schools, hospitals/ dispensary, community halls, cooperatives, etc. CFS & warehousing Commercial Airport with MRO, Storage yards, fuel tankers, terminals etc. Engineering Cluster with Water front for manufacturing and assembly of Crane, Boilers, project cargo, port operation equipment, etc and Liquid storage tanks farm Total iii. iv. v. In this regard, the State Govt. reported that compliance of all conditions put forward in final Approval given by the Govt. of India. In principal approval has been granted by Govt. of India vide letter No. 8-2/1999-FC (PT) dated for land admeasuring 1840 ha and ha to Adani Ports and SEZ Ltd for development of port based Special Economic Zone. Compliance of conditions laid down in Inprinciple approval granted by the Govt. of India. For the condition No. 8 of in principle approval no. 8-2/1999-FC (PT) dated , ha land is transferred in the name of Forests & Environment Department out of ha land of which was possessed by GEDA. For the Conditions No. 17, 18 & 19 of Memorandum No. FCA-1009(10-14) SF-18-K dated , the user agency has given the Bank Guarantee of Rs User agency has provided detailed compliance of all conditions put forward in Final Approval given by the Govt. of India In this regard, the State Govt. reported that at one point of time in 2009, the then Conservator of Forest, Kutch has directed to exclude an area of 394 ha in Village Siracha stating that 100 ha patch possess good vegetation and presence of wild animals. The State Govt. accordingly recommended final proposal with deduction of 100 ha land out of this 394 h in Jan, However, User agency requested State Govt. for the re-survey of the Siracha land stating that the Wild life report is quite old i.e. of 2009 and at present no wildlife and exotic vegetation is available in that area. The survey was carried out by CCF, Kutch office and founded that there was negligible movement of wildlife as per report and Acacia Nilotica is present only in one corner of the land parcel. Further, the area of 100 ha of Siracha is in close proximity to existing power plant and as represented by user agency this Forest land of Siracha is necessary for their expansion of Power Plant, due to integration with existing power plant. User agency has also represented and agreed to pay 5 times NPV in line with FCA provision of addressing the situation of diversion of Wild life protected area. User agency feels that there is no other alternative for 100 ha land and for that DCF Kutch East has recommended not to exclude 100 ha land. But, as per reference of Minutes of Meeting of Forest Advisory Committee held on , APCCF, Regional Office, Bhopal has conducted the site inspection once again on to decide for 100 ha Siracha forest land. Previously, it was done on So now this aspect pertains to Regional Office Bhopal and its further report on latest site inspection report. In this regard, the State Govt. reported that Ministry of Commerce and Industry, Govt of India has granted in principle permission for total ha of Special Economic Zone (SEZ) to User Agency in 2001 under State Govt s Exim Policy In the meantime, user agency has acquired 6456 ha land in piece meal through private land, direct allotted Govt land and Govt land allotment through Gujarat Maritime Board. As and when user agency got the possession of land, it was further notified as SEZ Area after getting approval from Ministry of Commerce and Industry, GoI. Further, the area of 1840 ha and 168 ha forest land has been diverted to APSEZL by Forest Department in Nov-2009 has also been notified for SEZ area in April-2015 and March-2012 respectively. Thus, as of now total 8464 ha of area has been declared as SEZ Area. The area declared as SEZ area earlier is adjacent to various pockets of this 1576 ha forest land, which is proposed for diversion by User Agency. The area of 1576 ha as proposed for allotment 95 P a g e

96 vi. vii. viii. by User Agency has not been declared as SEZ Area as it is not in their possession. As informed by user agency, they will approach Ministry of Commerce and Industry, Government of India to declare this area as SEZ area only after the area is diverted to User Agency. Ministry of Commerce and Industry, Govt. of India has granted in principle permission for establishing SEZ in total 10,000 ha of Special Economic Zone (SEZ) to User Agency in 2001 under State Govt. s Exim Policy That the forest land, is required to complete the SEZ land requirement for establishing SEZ has been mentioned in the original proposal and has been provided in various comments, offered by user agency and this office. Thus, as of now total 8464 ha of area, acquired in piece meal through Private land, Direct Govt. allotted land and Govt. land allotment through Gujarat Maritime Board has been declared as SEZ area. As informed by user agency, they will approach Ministry of Commerce and Industry, Govt. of India to declare this area as SEZ area only after the area is diverted to User Agency. In this regard, the State Govt. reported that the proposal of User Agency for area under consideration is adjoining to already declare as SEZ of 8464 ha land. There is no other land except Forest Land. Hence, User agency has proposed for diversion of Forest Land. Ministry of Commerce and Industries, Govt. of India has granted In-principle permission for establishing SEZ in total ha of Special Economic Zone (SEZ) to User Agency in 2001 under State Government s Exim Policy, That the land is required to complete the SEZ land requirement for establishing SEZ has been mentioned in the original proposal and has been provided in various comments, offered by user agency and his office. It is statutory requirement of customs department that for processing zone of SEZ, it should be located on contiguous pieces of land and that there should be over all contiguity in the various components of SEZ. This aspect has been submitted by the State Government earlier, in its project justification and other clarifications provided. The State Govt. stated that the detailed scheme for Compensatory Afforestation and land suitability was already prepared in Sept-2008 while processing the proposal. But, as per the opinion of then Conservator of Forests, Kutch that Non-forest Land of Junachy and Amara area offered as CA land by User Agency is not adjacent to existing forest land and therefore not suitable for afforestation. However, as per the latest resolution of State Government dated whenever the Nonforest land being offered as Compensatory Afforestation land is not possible to be contiguous to existing forest land and if the area of diversion is 100 ha or more area the CA land should not be less than a patch of 25 ha. Considering this guideline the CA offered land at Junachy and Amara was found suitable. State Government vide its GR dated has provided guidelines for suitability of private land for compensatory land. Considering this guideline, the CA offered land at Junachy and Amara was found suitable. Suitability Certificates along with scheme of Compensatory Afforestation and land suitability for land area of ha of Village Murachban, Taluka. Lakhpat, ha of Village Junachy, Taluka.Lakhpat and 790 ha of Village Amara, Taluka.Nakhatrana have been provided by DCF accordingly. However, User Agency has given undertaking if forest department is not ready to accept proposed CA land as mentioned above, it will be changed and new CA areas will be provided before the issuance of final approval. The State Govt. stated that an Undertaking has been given by the User Agency that all formalities as per the Guidelines of Forest Rights Rules-2006 of Government of India will be completed before final approval. So, undertaking of User Agency may be provided. (xvii) After the FAC meeting on , the Ministry vide it s letter dated requested the Regional Office, Bhopal to inspect the area again and give specific recommendations on the exclusion / inclusion of 100 hectares or 394 hectares of forest area in the proposal. The Regional office inspected the project area on with the specific and the only objective of evaluating the recommendation of the State Government of Gujarat to include 100 ha of ha of Siracha village into the project. SIR was done along with Shri U.D. Singh, APCCF (Land), GOG, Shri P.S. Randhava, CCF, Kutch and the senior officers from the User Agency. Based on the field observations during inspection, the discussions held at the time of inspection with User Agency officers as well as officers of State Forest 96 P a g e

97 Department, Regional office recommended the proposal for consideration of diversion of hectares of forest area of Siracha village for the following reasons: a) The forest land of Siracha village is adjoining the existing power plant of the User Agency. During field inspection the User Agency representatives informed that the forest land of Siracha village is required for the expansion of the existing power plant which was initially developed keeping in view the future expansion. Therefore, for the expansion of existing power plant, the User Agency has no option for alternative site and its requirement are integral for implementation, operation and expansion of future component. b) The Siracha forest land is an isolated patch of forest measuring (Map prepared by BISAG). Though, it is good forest, however, since it is surrounded from all sides by habitation and various kinds of infrastructure it does not, therefore, possess high conservation value. During inspection, regional office found no major signs of wild life. The last Inspection Report of Regional Office, Bhopal dated also under paragraph 19 mentions that during site visit, no significant wild life was seen. With the full development of SEZ, its conservation value would be further undermined. It the CA area is developed contiguous to an existing large forest area with good potential for conservation the loss on account of ha of forest area would be adequately compensated. c) Generation of power is one of the key requirements for the development of the country. The 3000 MW proposed to be generated, as informed by the User Agency, through the said expansion of adjoining power plant near Siracha, in regional office s well-considered opinion, would be far less detrimental to the overall environment as compared to another standalone thermal power plant established elsewhere to produce same amount of power. The main reason for this is that such a standalone power plant in the hinterland would be supplied huge quantity of required coal transported through railway or road whereas the proposed expanded thermal power plant would be fed coal by a conveyor system (as informed by User Agency during inspection) from Mundraport to the power plant. Secondly the expansion would use the existing sea water facility for cooling and consumptive purpose thus avoiding use of huge quantity of fresh water if the new plant were to come up elsewhere. Thirdly, the expansion would use the existing infrastructure facilities for evacuation of power. d) The State Government has recommended payment of five times the NPV for the 100 hectares of forest area coming under diversion for non-forest use for the project. In other words the APCCF (C), Regional Office has recommended the diversion of ha of good forest, citing reason that it will have no future conservation value, for future expansion of TTP by APSEZL albeit at 5 times the NPV. 15. Form the documents examined by the FAC in meeting dated it is learnt that the Mundra special economic zone is proposed to set up with self-contained facilities like Industrial park complex, distribution centre, commercial complexes, Housing complexes, utilities like water supply, drainage, roads,lighting, social infrastructure like school, colleges, hospitals, townships, open air theatre, recreation centre, cinema hall, amusement park etc and provision for air field, helipad,railway station, roads(sh &N.H) etc. over total area. The User Agency has now agreed to change the land use of forest land as informed by State Govt. vide its letter dated and the proposed changed land use of forest land is now indicated under para 16 above. FAC deliberated on the fact that establishment of port based SEZ is necessary for the development of the country. On analysis through DSS it is observed that most of the forest area and revenue areas are under non forestry use and some patches of forest areas are available inside SEZ. In view of the clarification submitted by the State Government vide letter dated , FAC recommends the grant of In- principle approval for the diversion of ha ( ha) of forest land subject to general standard and following specific conditions: i The Nodal officer, FCA had recommended in 2010 that though the user agency has submitted proposal for diversion of ha of forest land for the purpose of developing SEZ only ha area may be diverted excluding 24 ha in Dhrub RF, subject to specific conditions. It was recommended that the user agency shall provide right of way of not less than 8 mts width for 24 ha which has been excluded from the proposal of the user agency. The details of settlement of rights shall be provided. 97 P a g e

98 ii The diverted forest land measuring ha. shall be maintained as green area within the APSEZ and the diversion for non-forestry purpose will be considered only on case to case basis by the ministry for the purpose required for SEZ. iii Diverted forest land shall not be proposed to be utilized for Golf Course, Beach Resort, Park or Residential purposes, or any other activity prohibited by FCA 1980 and/or guidelines there under iv From the DSS analysis it is observed that Aerodrome already exists in the zone. The diverted forest land will not be proposed for the construction of private Aerodrome as demanded by the use agency. The forest land may be considered, in future on merits, in case of commercial Airport is developed with the approval of DGCA. v The detailed existing land use with maps of all forest land ha (1840ha ha) for which the approval was granted vide and details of complete land use including forest land for the existing private Aerodrome and power plants within the SEZ may be provided. vi 100 meter wide green shelter belt along the sea coast except in the waterfront area shall be included in the Master Plan of APSEZ. vii Complete compliance of CRZ regulations shall be ensured. viii All the conditions as recommended by the Chief Wildlife Warden shall be complied with the User Agency. ix The Compensatory Afforestation land shall be surveyed at the cost of User Agency and erect pillars and barbed wire fencing or trench under the consultation of CCF, Kutch Circle. x Compensatory afforestation shall be raised over identified non -forest land equivalent to the diverted forest land diverted and at least 1000 plants per hectare ( hectares x 1000 = plants) shall be planted with provision for ten years on subsequent maintenance. xi 25% of revised CA cost will be deposited extra by the user agency for soil and moisture conservation (SMC) activities on the CA land. xii Complete compliance of Forest Right Act 2006 to be done for the ha of forest land by the State Government. xiii To provide protection to the existing wildlife a patch of natural forest in Luni to Harmiramora village shall be kept as green belt without carrying out any activities in that area as recommended by the CCF Kutch Circle vide letter dated to PCCF Wildlife Gujarat. The recommendation of the Chief wildlife warden Gujarat sent vide No WLP/663/32/B/ /2014 dated must be complied. xiv The State Government will inform about the status of the land measuring 122 ha in village Jarapara and 683 ha of land belonging to GMB has been transferred to APSEZL. This area need to be deducted from the proposed forest land diversion as recommended by the State Government. xv State government will provide the terms and conditions on which the forest is proposed to be transferred on lease to the use agency The detail of lease period, terms, conditions and consideration, if any, may be provided. xvi All other conditions imposed in the approval granted for diversion of ha (1840ha ha) forest land on shall be complied. 16. Taking in to consideration the recommendation of FAC as mentioned in para (15) above, the proposal for diversion of ha (originally proposed ha.-24 ha.) of forest land for the development of Special Economic Zone and Industrial Park at Village - Siracha, Navinal, Dhrub, Mundra, Baroi, Gorasama, Luni, Bhadreshwar, Ta. Mundra, Dist. Kutch in favour of Adnai Group, Mundra Port and Special Economic Zone Ltd., Ahmedabad was processed for approval of competent authority with general, standard conditions and specific conditions as indicated in para 15 above. 17. Further, the project proponent has given a representation vide their letter dated which has been received in the Ministry on requesting for deletion/ amending of specific conditions imposed by FAC. A copy of the said representation may kindly be seen at pg With the approval of competent authority, it has been decided by this Ministry to examine the representation of user agency by the State Govt. before taking any further action on the instant proposal and the point wise comments of state government along with specific recommendation may be solicited for final decision. Accordingly, the State Govt. vide this Ministry s letter dated requested for the same. 19. Now the Govt. of Gujarat vide their letter No. FCA-1014/10-11/14/S.F-66/F dated (pg /c) informed that the State Government has sought a report from Nodal Officer (FCA), Revenue Department and Gujarat Maritime Board (GMB) and based on which the comments of State government are given. The justification of user agency and comments of State Govt. as given on each recommended specific condition are as follows: 98 P a g e

99 S. N. Specific Conditions as recommended by FAC on (1) The Nodal officer, FCA had recommended in 2010 that though the user agency has submitted proposal for diversion of ha. of forest land for the purpose of developing SEZ only area may be diverted excluding 24 ha in Dhrub RF, subject to specific conditions. It was recommended that the user agency shall provide right of way of not less than 8 mts width for 24 ha which has been excluded from the proposal of the user agency. The details of settlement of rights shall be provided. (2) The diverted forest land measuring ha shall be maintained as green area within the APSEZ and the diversion for non-forestry purpose will be considered only on case to case basis by the Ministry for the purpose required for SEZ. Justification of User agency: APSEZ had submitted proposal for diversion of ha in 2004, which includes Dhrub RF area admeasuring ha (pocket no-05). Later in 2009, six applicants have demanded 4 ha. each for warehousing and storage as part of same land making it total of 24 ha. Against their application, the Nodal Officer had raised queries to applicants on their proposal of 24 ha during 2014 & 2015, but no response was received from any applicant. Based on the fact, Nodal officer has finally considered total area of ha in Dhrub RF for diversion to APSEZL as per its application and recommended against APSEZ proposal on 21 st Jan Hence, there is neither pending request from any user nor requirement of any right of way, and accordingly the APSEZL proposal for diversion of ha. forest land is required to be considered in totality without deduction of 24 ha. Therefore, it is requested to amend the said condition accordingly. Diversion of ha of forest land is proposed for various industrial activities. Pocket wise land use plan as per FCA, 1980 guidelines were submitted to CCF, Kutch & Nodal officer, which has been clearly mentioned in the Agenda no-03, F. No. 8-04/2016-FC at pg. no 19 & 20 under point no 16 sr.(i) and (ii) of Minutes of Meeting of Forest Advisory Committee held on 25/01/2018. SEZ is being defined as area nomenclature by the Ministry for setting up an industrial infrastructure and facilities which has been already classified in detail. Detail land use plan for 1576 ha. has been submitted with proposal is attached once again for ready reference. Hence, the condition of 'the diverted forest land measuring ha shall be maintained as green area...' is Comments of Govt. of Gujarat (GOG): The Nodal officer s recommendation relating to 6 proposals involving total 24 ha. area was on the basis of diversion applications received in the year The State Government had not forwarded these proposals to Govt. of India for diversion under FCA. The State Government has recommended for the diversion of the ha. area to APSEZ in totality. In light of the decision taken by the State Government, recommendation made by the then Nodal Officer, way back in 2010 in this regard should not have been considered and only the latest / revised recommendation of State Government should only be taken into consideration. Then Nodal officer (FCA) in the year 2015 had sought various documents from those six user agencies but they didn t respond to Nodal Officer (FCA). Thus, Nodal Officer (FCA) came to conclusion that those user agencies were not serious for their proposals and as the APSEZ had demanded the land way back in the year 2005 so the recommendation was made in favour of APSEZ. The user agency has already submitted details regarding proposed land use plan which may kindly be considered. As it is going to be part of SEZ area, the permission for case to case basis proposals under FCA may be relooked by FAC. It is felt that this condition may be modified. If entire area under diversion is asked to be maintained as green area, then the purpose of making diversion application under FCA 1980 is not served. 99 P a g e

100 (3) Diverted forest land shall not be proposed to be utilized for Golf Course, Beach Resort, Park or Residential purposes, or any other activity prohibited by FCA 1980 and/or guidelines there under. (4) From the DSS analysis it is observed that Aerodrome already exists in the zone. The diverted forest land will not be proposed for the construction of private Aerodrome as demanded by the user agency. The forest land may be considered, in future on merits, in case of commercial Airport is developed with the approval of DGCA. (5) The detailed existing land use with maps of all forest land ha (1840ha ha) for which the approval was granted vide required to be modified as ''the diverted forest land measuring ha. shall be utilized for various industrial activities / purposes as per FCA, 1980 guidelines. User agency has been agreed upon this condition. Existing Aerodrome in the SEZ consist of runway strip with 2000mt. length. As per DGCA guidelines, to handle various cargos and big size of air planes it requires runway strip to expand up to 4000mt. length along with ancillaries, aviation related industries and other necessary facilities. Hence utilization of diverted forest land is crucial for expansion of existing aerodrome facilities even before the development of Commercial Airport. Adani group company Mundra International Airport Pvt. ltd is going to develop this airport. The TOR Dated 4th May 2016 issued by MoEF and Aerodrome License-Public use Dated 16th Feb 2018 issued by DGCA, GOI is attached herewith for your ready reference which is the authority in the country for civil aviation activities hence it is not a Private airport but a airport under PUBLIC USE CATAGORY duly approved by DGCA. Therefore. the statement of MOM i.e. 'diverted forest land will not be proposed for the construction of private Aerodrome' needs to be deleted as user agency has not proposed for development of private Aerodrome but it is for development of Public use category Aerodrome duly approved by DGCA. NO FOREST LAND IS USED FOR EXISTING AERODROME AND POWER PLANT. Please find enclosed maps for land use Plan for No Comments needed. User agency has submitted detailed justification regarding requirement of land for commercial airport. For ready reference conceptual development draft plan (Map) is attached herewith (Pg. 1237/c). The demanded pockets of forest land are adjoining to the existing airport. The existing air strip facilities are proposed to expand from 2.00 km. to 4.00 km. length and demanded forest area falls on the either side of the existing air strip. The area demanded is for the run way expansion and related infrastructure facilities. The demanded pockets of forest land on the either side are pocket no. 9 and pocket no. 10 respectively ha. and ha. The Representation made by the user agency may kindly be looked into in light of license/approval by DGCA (Pg /c). The User Agency has submitted detailed land use map pertaining to ha (Pg.1240/c). As per the map it is clear that the existing aerodrome and power plant are not in forest land but within SEZ. 100 P a g e

101 and details of complete land use including forest land for the existing private Aerodrome and power plants within the SEZ may be provided. (6) 100 meter wide green shelter belt along the sea coast except in the waterfront area shall be included in the Master Plan of APSEZ. (7) Complete compliance of CRZ regulations shall be ensured (8) All the conditions as recommended by the Chief Wildlife Warden shall be complied with the User Agency ha, existing private Aerodrome and power plants within the SEZ which clearly show that forest land is not used for existing Aerodrome and power plant. Some part of the proposed diversion of ha. of forest land is located on Sea coast. Sea coast and waterfront are one and same, which is excluded as per MOM therefore condition is not applicable and required to be deleted. User agency has been agreed upon this condition. The FAC has recorded the recommendation of the Chief wildlife warden Gujarat sent vide No. WLP/663/32/B/ /2014 dated however the matter has been reviewed by Forest department GOG wherein CCF Kutch has resurveyed both villages Siracha and Luni with respect to the status of presence of wildlife and exotic vegetation and submitted their inspection report on which clearly states that no wildlife activities exist in Siracha and Luni villages. Report Dated is attached for ready reference.state Government has forwarded the proposal vide their letter FCA /14/S.F-66/F Dated to MOEF, New Delhi and recommended to deduct 100ha.area from forest land of Siracha village as per earlier report. However, User agency has made several submissions for no existence of wildlife and exotic vegetation presently in those area and submitted technical justification for the crucial need of 100ha. for their development proposal. The user agency had represented that some part of the proposed diversion is located on seacoast and waterfront. Upon scrutinizing the map for the proposed diversion, it is observed that areas proposed of Mundra survey no 141/P, Baroi-survey No.207/P, Goversama survey No.52/P, Luni-survey no.468/p and Bhadreshwar-survey no.733/p are having seafront. Hence, condition of 100 mt wide greenbelt in above villages only may be insisted excluding stretches where use of waterfront is inevitable. No comments needed. Chief Wildlife Warden had submitted his opinion vide letter date:30/05/2014 and made recommendation and stipulated nine conditions. One of the condition was to maintain 100 ha. area of Siracha and 240 ha. area of Luni village as Green Conservation Area, free from any construction, except for access to sea. The user agency had made representations to review the matter as the said area is crucial for them. A fresh survey of area was undertaken. Based on the fresh assessment and considering the crucial need of the area for user agency, the State Government vide letter dated:16/06/2017 submitted detailed explanation to GOI. State Government has recommended to divert whole ha. area with a condition to impose five times NPV for 100 ha. area of Siracha village and to make all possible attempts to retain bigger trees. Thus condition no.1 and 6 of Chief Wildlife Warden Gujarat recommendation stands modified up to that extent. All other conditions recommended by Chief Wildlife Warden Gujarat, i.e. condition no 2, 3,4,5,7,8 and 9 may be retained as it is. It is recommended that the user agency should comply with these conditions. 101 P a g e

102 (9) The Compensatory Afforestation land shall be surveyed at the cost of User Agency and erect pillars and barbed wire fencing or trench under the consultation of CCF, Kutch Circle. (10) Compensatory afforestation shall be raised over identified non forest land equivalent to the diverted forest land at least 1000 plants per hectare ( hectares x 1000 = plants) shall be planted with provision for ten years on subsequent maintenance. User agency has requested GOG to resurvey the area for the same. In the meantime after the FAC meeting dated 20th July MOEF, New Delhi also instructed to APCCF, Regional Office, Western Region,Bhopal for site inspection to verify the recommendation of GOG. Site inspection was carried out by APCCF, RO along with APCCF (Land) GOG and CCF Kutch on 26th Sep Report for the same was submitted to MOEF, New Delhi. In the meantime State Government has forwarded the proposal for diversion of entire ha.of forest land including 100ha.to MOEF, New Delhi on after above actions. Hence the condition related to recommendation of Chief Wildlife warden Gujarat sent vide No. WLP/663 /32 /B/ /2014 dated are now not applicable as the status mentioned therein are no more in existence presently with respect to wildlife and exotic vegetation and therefore this condition requires to be deleted referring to the latest report Dated which is attached herewith for ready reference. User agency has been agreed upon this condition. User agency has been agreed upon this condition. No comments needed. As per resolution of GoG dated 12/06/2015 (Pg /c) certain additional conditions are stipulated for user agencies beyond regular standard conditions as per the chapter 5 of FCA handbook like processing fees, registration fees, additional compensatory Afforestation land, additional NPV and CA Expense on additional CA land. 102 P a g e

103 (11) 25% of revised CA cost will be deposited extra by the user agency for soil and moisture conservation (SMC) activities on the CA land. (12) Complete compliance of Forest Right Act 2006 to be done for the ha of forest land by the State Government (13) To provide protection to the existing wildlife a patch of natural forest in Luni to Harmiramora village shall be kept as green belt without carrying out any activities in that area as recommended by the CCF Kutch Circle vide letter dated to PCCF Wildlife Gujarat. The recommendation of the Chief wildlife warden Gujarat sent vide No. WLP/663/32/B/ /2014 dated must be complied. (14) The state Government will inform about the status of the land admeasuring 122 ha. in village jarapara and 683ha. of land belonging to GMB has been transferred to APSEZL. This area need to be deducted from the proposed forest land diversion as recommended by the State Government. User agency has been agreed upon this condition. User agency has been agreed upon this condition. Same as condition no (8). The land admeasuring 122ha. in village Jarpara and 683ha.of land belonging to GMB are not transferred to APSEZL.The FAC s recommendation of deduction of 122ha. will be applicable only if 122 ha land in village Jarpara is transferred by State Government to APSEZL as an additional area. The 683ha.of land will never be transferred to APSEZ. It will be given to APSEZ only on lease rental basis valid till concession period. Therefore the said condition is required to be deleted. No comments needed. No comments needed. Same as described for point (8) above The FAC.s recommendation of deduction of 122 ha.will be applicable only if 122 ha. land in village Jarpara is transferred by State Government to APSEZL.As per the report of state revenue department total ha. land has been transferred to APSEZ for notified SEZ area in form of sale in village Jarapara (Pg.1246/c). In this report it is not clear that the ha. Land is part of above ha. Area of land. The same will be clarified before final approval. At present the condition may be retained. As per user agency claim that the 683 ha. of land will never be transferred to APSEZ as it is belonging to GMB. The user agency has also claimed that the 683 ha of land has been given to the user agency on lease by GMB till FY GMB is yet to clarify the matter. Moreover, user agency has given undertaking (pg /c) that if any controversy regarding this land occurs, they undertake that they will reduce the same area from their 103 P a g e

104 (15) State govt. will provide the terms and conditions on which the forest is proposed to be transferred on lease to the user agency. The details of lease period, terms conditions and consideration, if any, may be provided. (16) All other conditions imposed in the approval granted for diversion of ha (1840ha ha) forest land on shall be complied. The land diversion to APSEZ is for SEZ purpose which does not have any period attached to it and therefore the forest land cannot have any time frame as well. It can have time frame only if the principal project has some time frame. So this condition of lease period, terms, condition will not applicable for this diversion. User agency has been agreed upon this condition. proposal before final allotment. At present the condition may be retained. The map of Entire SEZ notified area, GMB land leased to APSEZ, 683 ha. reclaimed land, ha. previously diverted forest area in the year 2009 and applied forest land area ha. area is attached herewith (pg. 1249/c). The terms and conditions will be in consonance with the provisions of the FCA and fulfilment of all the conditions stipulated their in. The User Agency is also required to fulfil additional conditions stipulated by the State Government. User agency supposed to strictly adhere to the provisions of FCA,1980. User Agency had furnished the bank guarantee towards the estimated cost of fencing 3770 ha Great Indian Bustard (GIB) area in Abdasa Taluka at the rate prevailing in the year However, the said land had been allotted only in the year Hence, the User Agency should bear the actual cost of fencing the area. 20. It is also informed by the State Govt. that the name of project is APSEZ [Adani Ports and Special Economic Zone Limited (APSEZL)] instead of MPSEZ Mundra Ports and Special Economic Zone Limited (MPSEZL)] and the same may be reflected in the report of Government of India. It is observed that the name of the project proponent has been changed from MPSEZL to APSEZL(pg. 1250/c). It is proposed that the facts of the above proposal may be placed before the FAC in its forthcoming meeting scheduled to be held in 30 th August, 2018 for its examination and appropriate recommendations. **** Agenda No. 2 Sub: F. No. 8-20/2018-FC Proposal for diversion of ha. of Forest Land for construction of Kaith Medium Irrigation Project in favour of Water Resources Department, Sagar District Madhya Pradesh State.-regarding. 1. The Addl. Principal Chief Conservator of Forests (Land Management) and Nodal Officer, the Forest (Conservation) Act, 1980, Government of Madhya Pradesh vide their letter No. F-3/83/2017/10-11/12/840 Bhopal dated (Pg /c) submitted a proposal to obtain prior approval of the Central Government, in terms of the Section-2 of the Forest (Conservation) Act, 1980 for diversion of ha. of Forest Land for construction of Kaith Medium Irrigation Project in favour of Water Resources Department, Sagar District Madhya Pradesh State. 2. After preliminary scrutiny the proposal the Ministry revealed the following shortcomings: (i) (ii) The State Government / User Agency have not submitted a copy of approved Catchment Area Treatment (CAT) Plan with the estimated cost of the plan. The recommendation of the Principal Secretary (Forests) has not been submitted in original with official seal and the same is required to be uploaded on the forest clearance web portal in respect of said project. 104 P a g e

105 (iii) (iv) (v) The user agency has not provided the shape file/kml of the CA for plantation and boundary of proposed forest. The purpose wise breakup of the forest land proposal for diversion has not been given. The user agency has not submitted undertakings to bear the cost of CA & NPV 3. The above shortcomings were communicated to the State Government of Madhya Pradesh vide this Ministry s letter dated 05 th April, 2018 (Pg. 118/c). The Addl. Principal Chief Conservator of Forests (Land Management) and Nodal Officer, the Forest (Conservation) Act, 1980, Government of Madhya Pradesh vide their letter No. F-3/83/2017/10-11/12/2155 Bhopal dated (Pg /c) has been submitted the information / documents in respect of this Ministry s letter dated and the same is placed in the file at (Pg /c). 4. Details indicated in the proposal submitted by the Government of Madhya Pradesh dated are as below: FACT SHEET Name of the Proposal Proposal for diversion of ha. of Forest Land for construction of Kaith Medium 1. Irrigation Project in favour of Water Resources Department, Sagar District Madhya Pradesh State. 2. Location: (i) State Madhya Pradesh. (ii) District Sagar. (iii) Category Irrigation. (iv) Total period for which the forest land is 100 proposed to be diverted (in year). 3. Detail of user agency (i) Name of the user agency Water Resources Department. (ii) Nature of user agency State Government. 4. Particular of Forests (i) Name of Forest Division Sagar South (T) (ii) Area of Forest land for Diversion Ha. (iii) Legal Status of Forest land Protected Forest = Ha. (iv) Density of Vegetation Area = Ha. Density = 0.3 Eco class = 3 5. Maps i. Differential GPS map of the area proposed for diversion Not given. ii. Differential GPS map of the area identified for raising CA iii. Survey of India toposheet on 1:50,000 scale showing the area proposed for diversion Not given. Not given. iv. Survey of India toposheet on 1:50,000 scale showing the area identified for CA (Pg. 179/c). v. Land use plan Not given. vi. Forest Cover map 6. Vegetation i. Species-wise and diameter class wise enumeration of trees. ii. Density 0.3 Not given. Details of Species wise and diameter class wise enumeration of trees are available in the file and the same is available at (Pg /C). iii. Number of trees to be felled 318 As reported by the State Government. iv. Working plan prescription for the forest land proposed for diversion. -Nil- 105 P a g e

106 7. Vulnerability of area to soil erosion No soil erosion. 8. Details of wildlife present in and around the Neel Gaay, Cheetal Mor. forest land proposed for diversion; 9. Approximate distance of proposed site for diversion from boundary of forest Whether forms part of National Park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant Corridor etc. (if so, the details of the area the comments of the Chief Wildlife Warden -Noto be annexed) 11. Whether any rare/ endangered/ unique species of flora and fauna found in the area if so, details -Nothereof. 12. Whether any protected archaeological/ heritage site/ defence establishment or any other important monument is located in the area. If so, the details thereof with NOC from competent -Noauthority, if required. 13. Whether the requirement of forest land as proposed by the User Agency in col.2 of Part-I is unavoidable and bare minimum for the project. If no, recommended area item-wise with details of alternatives examined. -Yes- 14. Whether any work in violation of the Act 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 -No- violation is still under progress. 15. Details of Compensatory Afforestation Scheme: i. Details of non-forest area/ degraded forest area identified for compensatory Afforestation, its distance from adjoining forest, number of patches, size of each patch. ii. Map showing non-forest/ degraded forest area identified for compensatory Afforestation and adjoining forest boundaries. iii. Detailed compensatory Afforestation scheme including species to be planted, implementing Agency, time schedule, cost structure etc. The Compensatory Afforestation proposed is non forest land (Revenue land) i.e ha. of nonforest land (Revenue land) for plantation in Sagar district village Daraia State of Madhya Pradesh. The CA scheme with the provisions of the maintenance for 10 years has been submitted and a copy of the same is available in the at page /c. (Pg. 179/c) District Sagar Area ha. Village Daraia Compartment /Khasra No. 413 iv. Total financial outlay for compensatory Afforestation scheme. v. Certificate from competent authority regarding suitability of area identified for compensatory Afforestation and from management point of view. To be signed by the concerned Deputy Conservatory of Forests. 16. Documentary evidence in support of settlement of rights in accordance with the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, Rs lakhs The Certificate from competent authority regarding suitability of area identified for Compensatory Afforestation copy of the same is available in the and the same is available at (Pg. 82/c). It is reported by the DFO, Sagar, Government of Madhya Pradesh In recent Site Inspection on ha of land was found to be encroached but SDM Sagar has certified that it will be evicted. The District Collector, Khandwa, Government of Madhya Pradesh has issued a FRA certificate vide his letter No dated certifying the information in respect of all clauses of the MoEF s 106 P a g e

107 2006 on the forest land proposed to be diverted enclosed. 17. Site Inspection Report of the Divisional Forest Officer in compliance to the conditions stipulated in the col. 7 (xi, xii) 8 and 9 previous approval. 18. Whether the project requires environment clearance. 19. Status of Wildlife clearance. Not applicable. advisory dated (Pg. 49/c) i.e. diversion of ha. 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, discussion on the proposal in meeting of concerned Gram Sabha (s) maintaining the prescribed quorum, etc. The concerned Gram Sabha (s) of Gram panchayat Bansiya & Narayanpur (S) in Sagar Tehsil. Documentary evidences in support of settlements of rights under the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 may kindly be seen at (Pg /c). The Site Inspection Report carried out by the Divisional Forest Officer, South Sagar, Madhya Pradesh, copy of the same may kindly be seen at (Pg /c). It is noticed by the DFO Sagar, the ha. is encroached but SDM Sagar has produced thus it will be evicted before CA work. Yes and the same are under process. However, EC has not been obtained by the State Government / user agency under the Environment (Protection) Act, However, the State Government has also reported that the Neel Gaay, and Chital are seen in adjoining forest areas. 20. Catchment Area Treatment Plan. The Catchment Area Treatment plan with estimated cost has been given and the copy of the same is placed in the file at (Pg /c). 21. Total command area of the project It is reported by the State Government of Madhya Pradesh the Command area of 5135 Ha. 22. Rehabilitation of Oustee Number of SC Families Number of ST families Number of Backward Families Copies of R&R Plan 23. Cost Benefit Analysis Cost benefit ratio of project is 1.68 Cost benefits Analysis report is placed in the file may kindly be seen at (Pg /c). 24. Total Cost of the project Rupees 16247/- Lakhs it is reported by the State Government. 25. Employment Potential Regular Employment = 50 Temporary Employment = Undertakings to bear the cost of CA and NPV The User Agency has given the under taking to bear the cost of NPV / CA (Pg /c). 27. Profile of the District / Department / Sagar Division. -No- Geographical Area of the Dist Ha. Total Forest Area Ha. Total area diverted since 1980 Area ha. Number of case - 13 Total area proposed for afforested since 1980 Degraded forest land ---- ha Penal CA over Forest land ha. Non-forest land ---- ha Total area afforested since Degraded forest land ---- ha 107 P a g e

108 Forest land ha. Non-forest land ha. 28. Recommendation with Specific conditions, (if any) DFO Recommended. (at page no. 114/c ) CF Recommended. (at page no. 115/c ) PCCF/ Nodal Officer (FCA) Recommended. (at page no. 116/c ) State Govt. Recommended. (at page no. 176/c ) 5. The Addl. Principal Chief Conservator of Forests (Land Management) and Nodal Officer, Forest (Conservation) Act, 1980, State Government of Madhya Pradesh vide its letter dated submitted following additional information pertaining to the proposal: (i) Purpose wise breakup of forest land proposed for diversion has been given by the State Government / project proponent. (ii) The proposed area is not a part of protected area. Proposed area is at 26 kms from the Nauradehi Wild Life Sanctuary. (iii) The Kaith Medium Irrigation project is of great importance from National point of view and also for development of agriculture and drinking water including generation of employment to those living in close vicinity of the project. In view of the above facts related to the proposal, it is proposed that proposal may be submitted to the Forest Advisory Committee (FAC), in its meeting scheduled to be held on **** Agenda No. 3 F. No. 8-52/2018-FC Sub: Diversion of ha of forest land closed under section 4 & 5 of PLPA 1900 in favour of Head- Administration, translation Health Science and Technology Institute, NCR Biotech Science Cluster, Faridabad for setting up of Translation Research Teaching and training in Biotechnology & Animal Research Laboratory alomg Gurugram-faridabad road, at village Bhankri under forest division and district Faridabad, Haryana - regarding. The Principal Chief Conservator of Forests, Government of Haryana vide their letter No. Admin-D /1534 Panchkula dated forwarded a fresh proposal to obtain prior approval of the Central Govt. in terms of the section-2 of the Forest (Conservation) Act, 1980 for diversion of ha of forest land closed under section 4 & 5 of PLPA 1900 in favour of Head-Administration, translation Health Science and Technology Institute, NCR Biotech Science Cluster, Faridabad for setting up of Translation Research Teaching and training in Biotechnology & Animal Research Laboratory alomg Gurugram-faridabad road, at village Bhankri under forest division and district Faridabad, Haryana. The facts related to the proposal as contained in the State Government s letter dated are given below in the form of fact sheet: 1. Name of the Proposal Diversion of ha of forest land closed under section 4 & 5 of PLPA 1900 in favour of Head-Administration, translation Health Science and Technology Institute, NCR Biotech Science Cluster, Faridabad for setting up of Translation Research Teaching and training in Biotechnology & Animal Research Laboratory alomg Gurugram-faridabad road, at village Bhankri under forest division and district Faridabad, Haryana. 2. Location: State Districts Category Haryana. Faridabad. Others. 108 P a g e

109 Total period for which the forest land is proposed to be diverted (in year). 3. Detail of user agency Name of the user agency Nature of user agency 4. Particular of Forests Name of Forest Division Area of Forest land for Diversion Legal Status of Forest land Density of Vegetation 5. Maps i. Differential GPS map of the area proposed for diversion ii. Differential GPS map of the area identified for raising CA iii. Survey of India toposheet on 1:50,000 scale showing the area proposed for diversion 99 National Capital Region Biotech Science Cluster. State Government. Faridabad Forest Division Ha. Not Given Not Given Not Given. Not Given. Not Given. iv. Survey of India toposheet on 1:50,000 scale showing the area identified for CA (Pg. 75A-75G/c). v. Land use plan Given at page 41-42/c. vi. Forest Cover map 6. Vegetation i. Species-wise and diameter class wise enumeration of trees. ii. Density Not given. Not applicable iii. Number of trees to be felled iv. Working plan prescription for the forest land proposed for diversion. 7. Vulnerability of area to soil erosion Area is not vulnerable from erosion point of view. 8. Details of wildlife present in and around the forest NA land proposed for diversion; 9. Approximate distance of proposed site for diversion from boundary of forest Whether the forest land proposed for diversion is located within eco-sensitive zone(esz) of the Protected Area notified Wildlife (Protection) Act, 1972 (Note: In case, ESZ of a protected area is not -Nonotified, then, 10 KM distance from boundary of the Protected Area should be treated as ESZ): 11. Whether forms part of National Park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant Corridor etc. (if so, the details of the area the comments of the Chief Wildlife Warden to be -Noannexed) 12. Whether any rare/ endangered/ unique species of flora and fauna found in the area if so, details -Nothereof. 13. Whether any protected archaeological/ heritage site/ defence establishment or any other important monument is located in the area. If so, the details thereof with NOC from competent authority, if -Norequired. 14. Whether the requirement of forest land as proposed by the User Agency in col.2 of Part-I is unavoidable and bare minimum for the project. If no, 109 P a g e

110 recommended area item-wise with details of alternatives examined. 15. Whether any work in violation of the Act 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 under progress. 16. Details of Compensatory Afforestation Scheme: i. Details of non-forest area/ degraded forest area identified for compensatory Afforestation, its distance from adjoining forest, number of patches, size of each patch. ii. iii. Map showing non-forest/ double degraded forest area identified for compensatory Afforestation and adjoining forest boundaries. Detailed compensatory Afforestation scheme including species to be planted, implementing Agency, time schedule, cost structure etc. -Yes- -No- The Compensatory Afforestation proposed is double degraded forest land i.e ha. of double degraded forest land for plantation in Mahendergarh district. The CA scheme with the provisions of the maintenance for 10 years has been submitted and a copy of the same is available at page 63-73/c. However, the DSS analysis found ha under CA. ((Pg. 75A-75G/c) District Mahendergarh Area ha, ha. Compartment iv. Total financial outlay for compensatory Afforestation scheme. v. Certificate from competent authority regarding suitability of area identified for compensatory Afforestation and from management point of view. To be signed by the concerned Deputy Conservatory of Forests. 17. Documentary evidence in support of settlement of rights in accordance with the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 on the forest land proposed to be diverted enclosed. 18. Site Inspection Report of the Divisional Forest Officer. Rs. 9,77,20, Whether the project requires environment clearance. 20. Status of Wildlife clearance. Not applicable 21. Rehabilitation of Oustee Number of SC Families Number of ST families -No- Number of Backward Families Copies of R&R Plan 22. Cost Benefit Analysis Not applicable 23. Total Cost of the project Rupees 50, lakh The Certificate from competent authority regarding suitability of area identified for Compensatory Afforestation copy of the same is available and the same is available at (Pg. 77 /c). Documentary evidences in support of settlements of rights under the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 has not submitted by the State Government. The Site Inspection Report carried out by the Divisional Forest Officer, Gurugram, Haryana, copy of the same may kindly be seen at (Pg. 65/c). No, as reported by user agency. 24. Employment Potential Regular Employment = 100 Temporary Employment = Undertakings to bear the cost of CA and NPV Given at page 59 and Profile of the District / Department / Damoh Division. Geographical Area of the Dist Ha. Total Forest Area Ha. Total area diverted since 1980 Area ha. Number of case Total area proposed for afforested since ha Degraded forest land ---- ha Penal CA over Forest land ha. 110 P a g e

111 Non-forest land ha Total area afforested since Degraded forest land ---- ha Forest land ---- ha. Non-forest land -----ha. 27. Recommendation with Specific conditions, (if any) DFO Recommended. (at page no /c ) CF Recommended. (at page no. 33/c ) PCCF/ Nodal Officer (FCA) Recommended. (at page no. 35/c ) State Govt. Recommended. (at page no. 37/c ) Observation: (i) (ii) (iii) (iv) The CA land proposed by the user agency was found to be ha whereas; a total of ha was reported as per the DSS analysis. The reason must be cleared from user agency. The detailed and comprehensive Compensatory Afforestation Scheme is not provided by the user agency. They have said that, they will invest 30% of total CA for soil and moisture conservation, whereas no such Soil and Water conservation plan is submitted by the user agency. It was observed by the DFO that 1153 trees and 7259 saplings are present in the area. It was not mentioned by the user agency that whether there any felling of trees are involved or not. If the accordingly the cost benefit ratio must be given by the user agency. In view of the above facts related to the proposal, it is proposed that proposal may be submitted to the Forest Advisory Committee (FAC), in its meeting scheduled to be held on **** Agenda No. 4 F. No. 8-40/2018-FC Sub: Proposal for diversion of ha of forest land for in favour of water resource department for construction of Judi Medium Irrigation project under the Chhattarpur and Damoh district in the State Govt. of Madhya Pradesh-reg. The Addl. Principal Chief Conservator of Forests (Land Management) and Nodal Officer, The Forest (Conservation) Act, 1980, Government of Madhya Pradesh vide their letter No. F-3/53/2016/10-11/5/1591 Bhopal dated forwarded a fresh proposal to obtain prior approval of the Central Govt. in terms of the section-2 of the Forest (Conservation) Act, 1980 for diversion of ha of forest land for in favour of water resource department for construction of Judi Medium Irrigation project under the Chhattarpur and Damoh district in the State Govt of Madhya Pradesh. The facts related to the proposal as contained in the State Government s letter dated and Site Inspection Report dated are given below in the form of fact sheet: Fact Sheet 1. Name of the Proposal Diversion of ha of forest land for in favour of water resource department for construction of Judi Medium Irrigation project under the Chhattarpur and Damoh district in the State Govt of Madhya Pradesh. 2. Location: State Districts Category Total period for which the forest land is proposed to be diverted (in year). 3. Detail of user agency Name of the user agency Nature of user agency Madhya Pradesh. Chhatarpur & Damoh. Irrigation. 99 Water Resources Department. State Government. 111 P a g e

112 4. Particular of Forests Name of Forest Division Area of Forest land for Diversion Legal Status of Forest land Density of Vegetation 5. Maps i. Differential GPS map of the area proposed for diversion ii. Differential GPS map of the area identified for raising CA iii. Survey of India toposheet on 1:50,000 scale showing the area proposed for diversion Chhatarpur (T), Damoh (T) Ha. Reserved Forest = ha. Protected Forest= ha. Revenue Forest= ha Area = Ha. Density = Eco class = 1 Not Given. Not Given. Not Given. iv. Survey of India toposheet on 1:50,000 scale showing the area identified for CA (Pg /c). v. Land use plan Not given. vi. Forest Cover map 6. Vegetation i. Species-wise and diameter class wise enumeration of trees. ii. Density 0.4 Not given. iii. Number of trees to be felled FRL = 10,559 FRL-2=0 FRL-4=0 Details of Species wise and diameter class wise enumeration of trees are available in the file and the same is available at (Pg /C). Total no. of 10,559 trees felled in proposed forest area. iv. Working plan prescription for the forest land proposed for diversion. RDF 7. Vulnerability of area to soil erosion Area is not vulnerable from erosion point of view. 8. Details of wildlife present in and around the forest land proposed for diversion; In applied area there is some wild animal habitat like animal Monkey, Jackal, Blue Bull, Commom Langur, Striped Hyaena, Sloth Beer, Sambhar, Barking Deer, Wild Dog, Common Indian Hare, Wild Boar, Indian Gozelle etc. 9. Approximate distance of proposed site for diversion from boundary of forest Whether the forest land proposed for diversion is located within eco-sensitive zone(esz) of the Protected Area notified Wildlife (Protection) Act, 1972 (Note: In case, ESZ of a protected area is not notified, then, 10 KM distance from boundary of the Protected Area should be treated as ESZ): 11. Whether forms part of National Park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant Corridor etc. (if so, the details of the area the comments of the Chief Wildlife Warden to be annexed) 12. Whether any rare/ endangered/ unique species of flora and fauna found in the area if so, details thereof. 13. Whether any protected archaeological/ heritage site/ defence establishment or any other important monument is located in the area. If so, the details -No- -No- -No- -No- 112 P a g e

113 thereof with NOC from competent authority, if required. 14. Whether the requirement of forest land as proposed by the User Agency in col.2 of Part-I is unavoidable and bare minimum for the project. If no, recommended area item-wise with details of alternatives examined. 15. Whether any work in violation of the Act 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 under progress. 16. Details of Compensatory Afforestation Scheme: i. Details of non-forest area/ degraded forest area identified for compensatory Afforestation, its distance from adjoining forest, number of patches, size of each patch. ii. Map showing non-forest/ degraded forest area identified for compensatory Afforestation and adjoining forest boundaries. iii. Detailed compensatory Afforestation scheme including species to be planted, implementing Agency, time schedule, cost structure etc. -Yes- -No- The Compensatory Afforestation proposed is non forest land i.e ha. of non-forest land for plantation in Chhatarpur district village Kasera. The CA scheme with the provisions of the maintenance for 10 years has been submitted and a copy of the same is available at page /c. The Compensatory Afforestation proposed is non forest land i.e ha. of non-forest land for plantation in Damoh district village Sakari. The CA scheme with the provisions of the maintenance for 10 years has been submitted and a copy of the same is available at page /c. The Compensatory Afforestation proposed is non forest land i.e ha. of non-forest land for plantation in Damoh district village Sakari. The CA scheme with the provisions of the maintenance for 10 years has been submitted and a copy of the same is available at page /c. (Pg /c) District Chhartpur, Damoh Area ha, ha, ha. Village Kasera, Sakari. Compartment No. P 236, 237, 238, 239,240; RF5, RF8, RF9, RF12 iv. Total financial outlay for compensatory Rs. 10,98,99, Afforestation scheme. v. Certificate from competent authority regarding The Certificate from competent authority regarding suitability of area identified for compensatory suitability of area identified for Compensatory Afforestation and from management point of Afforestation copy of the same is available and the same view. To be signed by the concerned Deputy is available at (Pg. 164 /c). Conservatory of Forests. 17. Documentary evidence in support of settlement of Documentary evidences in support of settlements of rights in accordance with the provisions of the rights under the Scheduled Tribe and Other Scheduled Tribes and Other Traditional Forest Traditional Forest Dwellers (Recognition of Forest Dwellers (Recognition of Forest Rights) Act, 2006 on Rights) Act, 2006 has not submitted by the State the forest land proposed to be diverted enclosed. Government. 18. Site Inspection Report of the Divisional Forest Officer. The Site Inspection Report carried out by the Divisional Forest Officer, Damoh, Madhya Pradesh, copy of the same may kindly be seen at (Pg /c). 19. Whether the project requires environment clearance. Yes, and the same is under process. 20. Status of Wildlife clearance. The State Government has reported that the animal Monkey, Jackal, Blue Bull, Commom Langur, Striped Hyaena, Sloth Beer, Sambhar, Barking Deer, Wild Dog, 113 P a g e

114 Common Indian Hare, Wild Boar, Indian Gozelle are seen in adjoining forest areas. However, the wild life clearance is required before Stage-II approval. 21. Catchment Area Treatment Plan The Draft CAT plan is seen at (Page /c). However, the approval of CAT plan is under process. 22. Total command area of the project It is reported by the State Government of Madhya Pradesh the Command area of 8500 Ha. 23. Rehabilitation of Oustee Number of SC Families Number of ST families Number of Backward Families Copies of R&R Plan 24. Cost Benefit Analysis Cost benefit ratio of project is 1.56 Cost benefits Analysis report is placed in the file may kindly be seen at (Pg /c). 25. Total Cost of the project Rupees Crore it is reported by the State Government. 26. Employment Potential Regular Employment = 125 Temporary Employment = Undertakings to bear the cost of CA and NPV Not Given. 28. Profile of the District / Department / Damoh Division. Geographical Area of the Dist Ha. Total Forest Area Ha. Total area diverted since 1980 Area ha. Number of case - 24 Total area proposed for afforested since 1980 Degraded forest land ---- ha Penal CA over Forest land ha. Non-forest land ---- ha Total area afforested since Degraded forest land ---- ha Forest land ha. Non-forest land ha. 29. Recommendation with Specific conditions, (if any) DFO Recommended. (at page no /c ) CF Recommended. (at page no /c ) PCCF/ Nodal Officer (FCA) Recommended. (at page no. 240/c ) State Govt. Recommended. (at page no. 241/c ) -No- SITE INSPECTION REPORT DIVERSION OF HA OF FOREST LAND FOR IN FAVOUR OF WATRE RESOURCE DEPARTMENT FOR CONSTRUCTION OF JUDI MEDIUM IRRIGATION PROJECT UNDER THE CHHATTARPUR AND DAMOH DISTRICT IN THE STATE GOVT OF MADHYA PRADESH. Officers present during site inspection:- 1. Shri B. Abhay Bhaskar, DCF(C), R.O. Bhopal 2. Field staff of Forest Department & WRD, Govt. of Madhya Pradesh. Date of Inspection: Legal Status of Forest land proposed for diversion. 1) Reserved Forests ha 2) Revenue Forests ha 3) Non-forest land - Not submitted. 114 P a g e

115 Component wise breakup Sl. No Component Forest Land (ha.) 1 Approach road RBC Pressure piped Canal and road Dam seat and spill channel Submergence, dam seat, building, Spill channel How the land proposed for diversion is to be utilized? : Storage of water for irrigation project and other utilities. 3. Whether the proposal involves any construction of buildings (including residential): Yes. 4. Total cost of Project. : Rs crore. 5. Wild Life: Whether the forest area proposed for diversion is important from wildlife point of view or not : Proposal is not a part of any protected area. 6. Aerial distance from the nearest boundary of any protected area : beyond 10 km of any protected area. 7. Vegetation : a. Trees to be felled : 10,559 nos. are marked. S. No. Level (0-30) cm. (31-60) cm. (61-90) cm. (91-120) cm. ( ) cm. (>150)cm. 1 FRL FRL-2 NIL 3 FRL-4 NIL b. Effect of removal on the general ecosystem in the area: the irrigation project. As per Part-II, Canopy Density is 0.2 to 0.6 and Ecoclass-1 to 5. The vegetation of area contains Tectona grandis, Azadiracta indica, Terminalia species etc were observed. The forest is having teak as major species in some location and mixed forest. During site inspection the similar situations were observed. 8. Background note of the proposal: The project is located on Judi river with catchment area of sq. km. The project is medium irrigation project with command area of 8500 ha over. The project will bring command area under double and triple cropping patter which will bring the uplifting of peoples. 9. Compensatory Afforestation : Applicable, non-forest land = ha. A B C D Whether land proposed / selected for C.A. is suitable for plantation and management point of view? Whether land for C.A. is free from encroachment of other encumbrances? Whether land for C.A. is important from religious or archeological point of view? Land identified for raising C.A. is in how many patches? Whether patches area compact or not? Yes Yes No Three (3) patches Patch Wise Details Sl. District Area Village no Name (ha.) Khasra 1 Chhatarp kasera ur 2 Damoh sakari Damoh sakari /4 E Maps with details Yes 115 P a g e

116 F C.A. area should be clearly shown on the map, patches wise and their contiguity to the forest area, Yes etc. E Total financial outlay of 10 years CA programme Rs 10,98,99, Whether proposal involves violation of Forest (Conservation) Act? : No. 11. Whether the proposal involves rehabilitation of displaced people? : No. 12. Reclamation Plan, details and Financial Allocation : Not applicable. 13. Details of the catchment and command area under the project, CAT plan to prevent siltation of reservoir. : Submitted 14. Cost benefit ratio : 1: Utility of project: for water storage and irrigation in command area. 16. Number of Scheduled Case and Scheduled Tribe involved in the Project: Nil. 17. Compliance of FRA 2006-DC Certificate: Submitted. 18. Whether the land being diverted has any socio-cultural / religious value: No. 19. Whether any sacred groves or very old growth of tree of forest exist in the area proposed for diversion? : No 20. Recommendation of Nodal officer and the State government: a. The Nodal officer recommended. b. The State Government recommended. 21. Details of comments of the APCCF (LM), MP on alternate routes/alignments for locating the projects. : Recommended by APCCF (LM), MP. 22. Observations: The site inspection was carried out on at PF 236, 237, 238, 239 & 240 and RF 08 The proposal will bring 6100 ha area under irrigation. 1. The non forest land provided for the CA in Damoh district (inspected) was found suitable and need to be fenced by mechanical or vegetative method immediately, as there are chances that land may get encroached. 2. Recommendations of APCCF(C), R.O., Bhopal : In view of the details mentioned in the site inspection report of Dy. Conservator of Forest (C), undersigned recommends the proposal for the for diversion of ha of forest land for in favour of Water Resource Department for construction of Judi Medium Irrigation Project under the Chhattarpur and Damoh district in the State Govt. of Madhya Pradesh under Forest (Conservation) Act, 1980 with above specific condition. In view of the above facts related to the proposal, it is proposed that proposal may be submitted to the forthcoming Forest Advisory Committee (FAC), in its meeting scheduled to be held on **** Agenda No. 5 F. No. 8-34/2018-FC Sub: Proposal for diversion of ha of Forest Land in favour of Water Resources Department, Khandwa for construction of Bham (Rajgarh) Medium Lift Irrigation Project, in Khandwa district in State of Madhya Pradesh. -reg. 116 P a g e

117 The Addl. Principal Chief Conservator of Forests (Land Management) and Nodal Officer, The Forest (Conservation) Act, 1980, Government of Madhya Pradesh vide their letter No. F-3/103/2017/10-11/10/1138 Bhopal dated forwarded a fresh proposal to obtain prior approval of the Central Govt. in terms of the section-2 of the Forest (Conservation) Act, 1980 for diversion of ha of Forest Land in favour of Water Resources Department, Khandwa for construction of Bham (Rajgarh) Medium Lift Irrigation Project, in Khandwa district in State of Madhya Pradesh. The facts related to the proposal as contained in the State Government s letter dated and Site Inspection Report dated are given below in the form of fact sheet003a 1. Name of the Proposal Proposal for diversion of ha of Forest Land in favour of Water Resources Department, Khandwa for construction of Bham (Rajgarh) Medium Lift Irrigation Project, in Khandwa district in State of Madhya Pradesh. 2. Location: State Madhya Pradesh. District Khandwa. Category Total period for which the forest land is proposed to be diverted (in year). 3. Detail of user agency Name of the user agency Nature of user agency 4. Particular of Forests Name of Forest Division Area of Forest land for Diversion Legal Status of Forest land Density of Vegetation 5. Maps i. Differential GPS map of the area proposed for diversion ii. Differential GPS map of the area identified for raising CA iii. Survey of India toposheet on 1:50,000 scale showing the area proposed for diversion iv. Survey of India toposheet on 1:50,000 scale showing the area identified for CA Irrigation. 100 Water Resources Department. State Government. Khandwa (T) Ha. Reserved Forest = ha Non-forest land = ha Revenue Forest=47.75 ha Area = Ha. Density = 0.5 Eco class = 3 (Pg /c).. (Pg. 142/c).. (Pg. 137/c).. (Pg. 143/c). v. Land use plan Not given. vi. Forest Cover map 6. Vegetation i. Species-wise and diameter class wise enumeration of trees. ii. Density 0.5 Not given. iii. Number of trees to be felled FRL = 5737 FRL-2=4933 FRL-4=3539 Details of Species wise and diameter class wise enumeration of trees are available in the file and the same is available at (Pg /C). Total number of trees are felled. 117 P a g e

118 iv. Working plan prescription for the forest land proposed for diversion. Selection cum improvement working circle. 7. Vulnerability of area to soil erosion No. 8. Details of wildlife present in and around the forest Nilgai, Jackal spotted deer. land proposed for diversion; 9. Approximate distance of proposed site for diversion from boundary of forest Whether the forest land proposed for diversion is located within eco-sensitive zone(esz) of the Protected Area notified Wildlife (Protection) Act, 1972 (Note: In case, ESZ of a protected area is not -Nonotified, then, 10 KM distance from boundary of the Protected Area should be treated as ESZ): 11. Whether forms part of National Park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant Corridor etc. (if so, the details of the area the comments of the Chief Wildlife Warden to be -Noannexed) 12. Whether any rare/ endangered/ unique species of flora and fauna found in the area if so, details -Nothereof. 13. Whether any protected archaeological/ heritage site/ defence establishment or any other important monument is located in the area. If so, the details thereof with NOC from competent authority, if -Norequired. 14. Whether the requirement of forest land as proposed by the User Agency in col.2 of Part-I is unavoidable and bare minimum for the project. If no, recommended area item-wise with details of alternatives examined. -Yes- 15. Whether any work in violation of the Act 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 under progress. -No- 16. Details of Compensatory Afforestation Scheme: i. Details of non-forest area/ degraded forest area identified for compensatory Afforestation, its distance from adjoining forest, number of patches, size of each patch. ii. Map showing non-forest/ degraded forest area identified for compensatory Afforestation and adjoining forest boundaries. iii. Detailed compensatory Afforestation scheme including species to be planted, implementing Agency, time schedule, cost structure etc. iv. Total financial outlay for compensatory Afforestation scheme. v. Certificate from competent authority regarding suitability of area identified for compensatory Afforestation and from management point of view. To be signed by The Compensatory Afforestation proposed is nonforest land i.e ha. of non-forest land for plantation in Khandwa district village Surgaon nipani. The CA scheme with the provisions of the maintenance for 10 years has been submitted and a copy of the same is available at page /c. (Pg /c) District Khandwa Area Village Surgaon nipani. Compartment No. 13,20,31,32,33,34,35,50,51,52. Rs 4,75,91, The Certificate from competent authority regarding suitability of area identified for Compensatory Afforestation copy of the same is available in the and the same is available at (Pg. 96/c). 118 P a g e

119 the concerned Deputy Conservatory of Forests. 17. Documentary evidence in support of settlement of rights in accordance with the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 on the forest land proposed to be diverted enclosed. 18. Site Inspection Report of the Divisional Forest Officer. The District Collector, Khandwa, Government of Madhya Pradesh has issued a FRA certificate vide his letter No dated certifying the information in respect of all clauses of the MoEF s advisory dated i.e. diversion of ha. 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, discussion on the proposal in meeting of concerned Gram Sabha (s) maintaining the prescribed quorum, etc. The concerned Gram Sabha (s) of Parna Village Jabera Tehsil. Documentary evidences in support of complete settlements of rights under the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 has not submitted by the State Government. The same is required before Stage-II approval (Pg /c) The Site Inspection Report carried out by the Divisional Forest Officer, Khandwa, Madhya Pradesh, copy of the same may kindly be seen at (Pg /c). Yes, EC application yet to be submitted, copy of the same may kindly be seen at (Pg. 9/c). 19. Whether the project requires environment clearance. 20. Status of Wildlife clearance. Not applicable. 21. Catchment Area Treatment Plan The CAT plan is not submitted by the user agency. 22. Total command area of the project It is reported by the State Government of Madhya Pradesh the Command area of 6100 Ha. 23. Rehabilitation of Oustee Yes, 44 families are going to be displaced. However Number of SC Families Number of ST families Number of Backward Families Copies of R&R Plan R&R plan is required before Stage-II approval. 24. Cost Benefit Analysis Cost benefit ratio of project is 1.67 Cost benefits Analysis report is placed in the file may kindly be seen at (Pg /c). 25. Total Cost of the project Rupees 22811/- Lakhs it is reported by the State Government. 26. Employment Potential Regular Employment = 3100 Temporary Employment = Undertakings to bear the cost of CA and NPV Not Given. 28. Profile of the District / Department Geographical Area of the Dist Ha. Total Forest Area Ha. Total area diverted since 1980 Area ha. Number of case - 35 Total area proposed for afforested since 1980 Degraded forest land ---- ha Penal CA over Forest land ha. Non-forest land ---- ha Total area afforested since Degraded forest land ---- ha Forest land ha. Non-forest land ha. 119 P a g e

120 29. Recommendation with Specific conditions, (if any) DFO Recommended. (at page no. 164/c ) CF Recommended. (at page no. 165/c ) PCCF/ Nodal Officer (FCA) Recommended. (at page no. 154/c ) State Govt. Recommended. (at page no. 155/c ) SITE INSPECTION REPORT ON PROPOSAL FOR DIVERSION OF HA OF FOREST LAND FOR CONSTRUCTION BHAM (RAJGARH) MEDIUM LIFT IRRIGATION SCHEME IN FAVOUR OF WATER RESOURCE DEPARTMENT, KHANDWA DISTRICT, GOVT. OF MADHYA PRADESH. Officers present during site inspection:- 1. Shri B. Abhay Bhaskar, DCF(C), R.O. Bhopal 2. Field staff of Forest Department & WRD, Govt. of Madhya Pradesh. Date of Inspection: Legal Status of Forest land proposed for diversion. 1) Reserved Forests ha 2) Revenue Forests ha 3) Non-forest land ha Breakup of land - Forest land required for submergence only. 2. How the land proposed for diversion is to be utilized? : Storage of water for irrigation project. 3. Whether the proposal involves any construction of buildings (including residential): No. 4. Total cost of Project. : Rs crore. 5. Wild Life: Whether the forest area proposed for diversion is important from wildlife point of view or not : Proposal is not a part of any protected area. 6. Aerial distance from the nearest boundary of any protected area : beyond 10 km of any protected area. 7. Vegetation : a. Trees to be felled : 14,209 nos. are marked. Girth class No. of trees at FRL level No. of trees at FRL -2 No. of trees at FRL -4 Total No. of trees Below Above *There is an ambiguity in no. of trees marked for felling between SIR of DFO and forwarding of APCCF(LM) may be reconciled. b. Effect of removal on the general ecosystem in the area: the irrigation project. As per Part-II, Canopy Density is 0.5 and ecoclass-3. The vegetation of area contains Tectona grandis, Azadiracta indica, Acacia arabica, Terminalia species etc were observed. The forest is having teak as major species. During site inspection the similar situations were observed. 120 P a g e

121 8. Background note of the proposal: The project is located on bham river with catchment area of 193,459 sq. km. The project is medium irrigation project with command area of 6100 ha over. The project will bring command area under double and triple cropping patter which will bring the uplifting of peoples. 9. Compensatory Afforestation : Applicable, non-forest land = ha. A Whether land proposed / selected for C.A. is suitable for plantation and management point of view? Yes B C D Whether land for C.A. is free from encroachment of other encumbrances? Whether land for C.A. is important from religious or archeological point of view? Land identified for raising C.A. is in how many patches? Whether patches area compact or not? Yes No One patches (Village : Surgaon nipani, Khandwa, Khasara. No. 13,20,31,32,33, 34,35,50,51,52) E Maps with details Yes F C.A. area should be clearly shown on the map, patches wise and their contiguity to the forest area, etc. Yes E Total financial outlay of 10 years CA programme Rs 4,75,91, Whether proposal involves violation of Forest (Conservation) Act? : No, as per Part-II (DCF report). 11. Whether the proposal involves rehabilitation of displaced people? : Yes, 44 families are going to be displaced. 12. Reclamation Plan : details and Financial Allocation : Required. 13. Details of the catchment and command area under the project, CAT plan to prevent siltation of reservoir. a. Catchment area : 193,459 sq. km b. Command area : 6100 ha c. CAT plan : Not Submitted. 14. Cost benefit ratio : 1: UTILITY of project: for water storage and irrigation in command area. 16. Number of Scheduled Case and Scheduled Tribe involved in the Project: Nil. 17. Compliance of FRA 2006-DC Certificate: Submitted. 18. Whether the land being diverted has any socio-cultural / religious value : No. 19. Whether any sacred groves or very old growth of tree of forest exist in the area proposed for diversion? : No 20. Recommendation of Nodal officer and the State government: a. The Nodal officer recommended. b. The State Government recommended. 21. Details of comments of the APCCF (LM), MP on alternate routes/alignments for locating the projects. : Recommended by APCCF (LM), MP. 22. Observations: The site inspection was carried out on at RF 760 and RF 764. The proposal will bring 6100 ha area under irrigation. 1. The rights of the peoples allotted under FRA, 2006 shall be settled by following due procedure prescribed under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, whichever applicable. 2. The R&R plan for 44 families as pointed out by Forest Department needs to be submitted. 3. The CAT plan needs to be submitted. 121 P a g e

122 4. There is an ambiguity in no. of trees marked for felling between SIR of DFO and forwarding of APCCF(LM) may be reconciled. 23. Recommendations of APCCF(C), R.O., Bhopal : In view of the details mentioned in the site inspection report of Dy. Conservator of Forest (C), undersigned recommends the proposal for the for diversion of ha of Forest Land for Construction Bham (Rajgarh) Medium Lift Irrigation Scheme in favour of Water Resource Department, Khandwa District, Govt. of Madhya Pradesh under Forest (Conservation) Act, 1980 with above specific condition. In view of the above facts related to the proposal, it is proposed that proposal may be submitted to the forthcoming Forest Advisory Committee (FAC), in its meeting scheduled to be held on **** Agenda No. 6 F. No. 8-06/2018-FC Sub: Proposal for diversion of ha of forest land for Tawa underground coal mining project in favour of M/S Manager, WCL, Pathakheda Region in Betul district, Madhya Pradesh -reg. The Addl. Principal Chief Conservator of Forests (Land Management) and Nodal Officer, The Forest (Conservation) Act, 1980, Government of Madhya Pradesh vide their letter No. F-1/Fp/MP/MIN/20921/2016/10-11/90 Bhopal dated forwarded a fresh proposal to obtain prior approval of the Central Govt. in terms of the section-2 of the Forest (Conservation) Act, 1980 for diversion of ha of forest land for Tawa underground coal mining project in favour of M/S Manager, WCL, Pathakheda Region in Betul district, Madhya Pradesh. The facts related to the proposal as contained in the State Government s letter dated and Site Inspection Report dated are given below in the form of fact sheet: 1. Name of the Proposal Diversion of ha of forest land for Tawa underground coal mining project in favour of M/S Manager, WCL, Pathakheda Region in Betul district, Madhya Pradesh. 2. Location: State Madhya Pradesh. Districts Betul. Category Total period for which the forest land is proposed to be diverted (in year). 3. Detail of user agency Name of the user agency Nature of user agency 4. Particular of Forests Name of Forest Division Area of Forest land for Diversion Legal Status of Forest land Mining. 30 Western Coalfield Limited (WCL). Central PSU. Betul North (T) Ha. Reserved Forest = ha. Density of Vegetation 5. Maps i. Differential GPS map of the area proposed for diversion Area = Ha. Density = 0.7 Eco class = 3 (Pg. 54/c). 122 P a g e

123 ii. Differential GPS map of the area identified for raising CA iii. Survey of India toposheet on 1:50,000 scale showing the area proposed for diversion iv. Survey of India toposheet on 1:50,000 scale showing the area identified for CA Not Given. (Pg /c). (Pg /c). v. Land use plan Not given. vi. Forest Cover map 6. Vegetation i. Species-wise and diameter class wise enumeration of trees. Not given. NIL ii. Density 0.7 iii. Number of trees to be felled FRL = 0 FRL-2=0 FRL-4=0 None of the trees are going to fell. iv. Working plan prescription for the forest land proposed for diversion. Yes 7. Vulnerability of area to soil erosion NIL 8. Details of wildlife present in and around the NIL forest land proposed for diversion; 9. Approximate distance of proposed site for diversion from boundary of forest Whether the forest land proposed for diversion is located within eco-sensitive zone(esz) of the Protected Area notified Wildlife (Protection) Act, 1972 (Note: In case, ESZ of a protected area is not notified, then, 10 KM distance from boundary of the -No- Protected Area should be treated as ESZ): 11. Whether forms part of National Park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant Corridor etc. (if so, the details of the area the comments of the Chief Wildlife Warden to be annexed) 12. Whether any rare/ endangered/ unique species of flora and fauna found in the area if so, details thereof. 13. Whether any protected archaeological/ heritage site/ defence establishment or any other important monument is located in the area. If so, the details thereof with NOC from competent authority, if required. 14. Whether the requirement of forest land as proposed by the User Agency in col.2 of Part- I is unavoidable and bare minimum for the project. If no, recommended area item-wise with details of alternatives examined. 15. Whether any work in violation of the Act 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 under progress. 16. Details of Compensatory Afforestation Scheme: Proposal in not part of any protected area, but in 10km radius of Satpura-Melghat Tiger Reserve Corridor & Pachmadhi Biosphere Reserve boundary. Not given in Part-II. However, no direct sighting of wildlife during site inspection. -No- -Yes- Yes, the details can be seen in the file at Page 64-70/c 123 P a g e

124 i. Details of non-forest area/ degraded forest area identified for compensatory Afforestation, its distance from adjoining forest, number of patches, size of each patch. ii. Map showing non-forest/ degraded forest area identified for compensatory Afforestation and adjoining forest boundaries. iii. Detailed compensatory Afforestation scheme including species to be planted, implementing Agency, time schedule, cost structure etc. Diversion of land is for underground mining and hence, Compensatory Scheme is not applicable. iv. Total financial outlay for compensatory Afforestation scheme. v. Certificate from competent authority regarding suitability of area identified for compensatory Afforestation and from management point of view. To be signed by the concerned Deputy Conservatory of Forests. 17. Documentary evidence in support of settlement of rights in accordance with the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 on the forest land proposed to be diverted enclosed. 18. Site Inspection Report of the Divisional Forest Officer. 19. Whether the project requires environment clearance. 20. Status of Wildlife clearance. Documentary evidences in support of settlements of rights under the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 has not submitted by the State Government. The Site Inspection Report carried out by the Divisional Forest Officer, North Betul, Madhya Pradesh, copy of the same may kindly be seen at (Pg 57-59/c). Yes, and the user agency has obtained environment clearance vide letter no. J-11015/30/89-IA 11(M). Not Applicable 21. Rehabilitation of Oustee Number of SC Families Number of ST families -No- Number of Backward Families Copies of R&R Plan 22. Cost Benefit Analysis Cost benefit ratio of project is 1.56 Cost benefits Analysis report is placed in the file may kindly be seen at (Pg /c). 23. Total Cost of the project Rupees lakh it is reported by the State Government. 24. Employment Potential Regular Employment = 1373 Temporary Employment = Undertakings to bear the cost of CA and NPV Not Required. 26. Profile of the District / Department / Damoh Division. Geographical Area of the Dist Ha. Total Forest Area Ha. Total area diverted since 1980 Area ha. Number of case - 50 Total area proposed for afforested since 1980 Degraded forest land ---- ha Penal CA over Forest land ha. Non-forest land ---- ha Total area afforested since Degraded forest land ---- ha Forest land 0 ha. 124 P a g e

125 Non-forest land 0 ha. 27. Recommendation with Specific conditions, (if any) DFO Recommended. (at page no /c ) CF Recommended. (at page no. 71/c ) PCCF/ Nodal Officer (FCA) Recommended. (at page no. 79/c ) State Govt. Recommended. (at page no. 80/c ) SITE INSPECTION REPORT OF PROPOSAL FOR DIVERSION OF HA OF FOREST LAND FOR TAWA UNDERGROUND COAL MINING PROJECT IN FAVOUR OF M/S MANAGER, WCL, PATHAKHEDA REGION IN BETUL DISTRICT, MADHYA PRADESH. Title of Project as per Part-I : Post facto approval of ha forest land for underground mining of Pathakhera Area Date of Inspection: 12/07/ Legal Status of Forest land proposed for diversion. 1) Reserved Forests ha 2) Protected Forests ha 3) Revenue Forests ha 4) Non-forests ha 2. How the land proposed for diversion is to be utilized? : For underground coal mining project. 3. Whether the proposal involves any construction of buildings (including residential): No. 4. Total cost of Project. : Rs lakhs 5. Wild Life: Not give in Part-II. No direct sighting of wildlife during site inspection. Whether the forest area proposed for diversion is important from Wildlife point of view or not : Proposal is not a part of any protected area. but in 10 km radius of Satpuda-Melghat Tiger Reserve Corridor & Pachmadhi Biosphere Reserve boundary 6. Aerial distance from the nearest boundary of any protected area : Not given in part-ii 7. Vegetation : a. Trees to be felled : NIL. b. Effect of removal on the general ecosystem in the area: Not Applicable. As per Part-II, Canopy Density 0.7 in Eco Class 3. The area is Revenue Forests and similar situation was observed during site inspection. The vegetation containing Tectona grandis, Anogeissus latifolia, Madhuca longifolia, Lagestromia parviflora, Butea monosperma, etc were observed. 8. Background note of the proposal: The project needs ha of forest land and in addition project requires ha of nonforest area is required. User agency have Government of India, Ministry of Environment & Forests New Delhi Letter no./ F.NO /2004-FC dated 30/01/2012 Stage-I approval for diversion of ha of forest land (A-I) which is other project in same area, but DFO refers said Stage-I approval and its condition in every proposal for diversion from WCL, Betual. In compliance to the same the User Agency / WCL had deposited the amount with Forest Department which is as follows : 1. Rs 23,22,38, via RTGS UTR in CAMPA account 2. Rs 1,67,52, via DD no dt 1/6/2018 to DFO, Betul 3. Rs 64,69, via DD no dt 1/6/2018 to DFO, Betul Entire area will be used for underground coal mining project. The coal is of non-cooking quality. 125 P a g e

126 9. Compensatory Afforestation : Not applicable as per 3.2(vii)(c) of F(C)A, 1980 handbook/ guideline. 10. Whether proposal involves violation of Forest (Conservation) Act? : Yes, as the proposal is for the post facto approval of ha forest land for underground mining of Pathakhera Area. 11. Whether the proposal involves rehabilitation of displaced people? : No. 12. Reclamation Plan : details and Financial Allocation : Not applicable. 13. Cost benefit ratio : submitted. 14. Utility of project: Underground coal mining project. 15. Number of Scheduled Case and Scheduled Tribe involved in the Project: Yes. 16. Compliance of FRA 2006-DC Certificate: Not submitted. 17. Whether the land being diverted has any socio-cultural / religious value: No. 18. Whether any sacred groves or very old growth of tree of forest exist in the area proposed for diversion? : No 19. DFO recommendation : there are different recommendations of DFO as in e.protal and F(C)A forms part-ii i. e.protal : (1) The applicant agency is continuously extracting mineral from the above mentioned forest land since 1980, therefore Ex-post facto approval may be granted to the applicant after imposing penalty on the organization as mining activities is being carried out by the organization without prior approval of the Central Government. ii. F(C) A form Part-II: 20. Recommendation of Nodal officer and the State government: Recommended. 21. Details of comments of the APCCF (LM), MP on alternate routes/alignments for locating the projects. : Recommended by APCCF (LM), MP. 22. Specific observation:- 1. The user agency had started operation of mining in 1992, the entry and exit shaft is located on non-forest land. The approximately 30% of coal from proposed forest land is extracted and after progress of mine rest will be extracted. 2. As per the forest department, surface area is under management of forest department and regular management of area as per the working plan prescription. 3. As per Part-II, DFO reports that the area has CD 0.7, Eco-class 3. However, the project is underground mining & no removal of tree is proposed. The similar situation was also observed. 4. The violation may be dealt in accordance to MoEFCC guideline no. F. No /2017-FC dated 29/01/ P a g e