F. No. 8-26/2013-FC (Pt.II)

Transcription

1 F /2013-FC (Pt.II) Renewal of diversion of 208 ha of forest land in favour of ACC Lakheri Cement Works for limestone mining (Lakheri-Chamovali Mining lease) in Bundi Forest Division, District Bundi Rajasthan regarding. 1. The State Government of Rajasthan vide its letter no. P 1(28)Van/2013 dated has submitted the above mentioned proposal seeking prior approval of the Central Government under Section-2 of the Forest (Conservation) Act, The Lakheri-Chamovali mining lease is captive lime-stone mine for the Lakheri Cement Works, which is the oldest cement plant of Asia and only big industry in Bundi district of Rajasthan and is running since The mining lease was originally granted in 1913 over an area of 100 Sq Km by the Bundi State and during subsequent renewals, the area was reduced and the last renewal, prior to enactment of FCA 1980, was granted by the State Government for the period of 20 years w.e.f to The renewal is asked for the area ha the break up of which is as under: a. n forest area ha. b. Forest area ha Total ha 4. Details of forest area involved in the lease and status of grant of forest clearance is given as below: 1. Area approved by the MoEF on ha 2. Area approved by the MoEF on ha 3. Area of lease for which approval under the FC Act is yet to be obtained ha Total 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 Renewal of diversion of 208 ha of forest land in favour of ACC Lakheri Cement Works for limestone mining (Lakheri-Chamovali Mining lease) in Bundi Forest Division, District Bundi Rajasthan 2. Location i) State Rajasthan ii) District Bundi 3. Particulars of Forests a) Name of Forest Division Bundi b) Forest area involved 208 ha c) Legal Status/Sy. Protected Forest G.M. (Jangal Jhari) d) Map SOI - Enclosed (p-36/c). DGPS map not enclosed Forest cover map not enclosed. 10 km radius map not enclosed. 4. Topography of the area - (i) Geology - (ii) Vulnerability to erosion t mentioned 5. Vegetation i. Tree/Herbs/Shrubs Nil

2 composition ii.. of trees which will be affected iii. Density NIL NIL 6. Whether area is significant from wildlife point of view 7. Whether forms part of National park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant Corridor, etc. (if so, details of the area and comments of the Chief Wildlife Warden 8. Whether any RET species of flora and fauna are found in the area. If so details thereof 9. Approximate distance of the Proposed site lies in the forests. proposed site for diversion from boundary of forest. 10. Whether any protected archeological/ heritage site/defence establishment or any other important monuments is located in the area. 11. Whether any work of in violation of the Forest (Conservation) Act, 1980 has been carried out (Yes/). if yes details of the same including period of work done, action taken on erring officials. Whether work in violation is still in progress. 12. Whether the requirement of forest land as proposed by the user agency in col. 2 of Part-I is unavoidable and barest minimum Yes, the requirement of area proposed forest land is only for mining which is unavoidable and barest minimum. for the project, if no recommended area item-wise with details of alternatives examined. 13. Details of Mining All the diverted area of 208 ha has been broken up and mining is under progress Area (ha) i. Mining 170 ha ii. Storage of mineral ore 2 iii. Dumping overburden 20 iv. Storage of tools & 1 machines v. Construction of buildings 5 vi. Road 10 vii. Safety Zone 6.25 Total (i+vi) Compensatory Afforestation (i) Details of non-forest As per the existing Guidelines given under the Forest

3 area/degraded forest area identified for CA, its distance from adjoining forest, number of patches, sixe of each patches. (ii) Map showing nonforest/degraded forest area identified for CA and adjoining forest boundaries. (iii) Detailed CA scheme including species to be planted, implementing agency, time schedule, cost structure, etc. (iv) Total financial outlay for CA (v) Certificate from the competent authority regarding suitability of the area identified for CA and from management point of view. (Conservation) Act, provision of CA ids not applicable in case of mining lease renewal case. However, Regional Office, Lucknow in their Site Inspection report mentioned that there is some confusion with regard CA. First approval granted under FC on for 108 ha stipulated no CA however, penal CA had been stipulated over four times of degraded forest land i.e. against 108 ha of forest land Penal CA was stipulated over 432 ha of degraded forest land. Whereas in the second approval dated accorded by the Ministry for diversion of 100 ha forest land CA was stipulated over equivalent non-forest land and no penal CA was stipulated although this was also for ex post facto approval under FCA. 15. Site Inspection Report from the Catchment Area Treatment N.A. 17. Rehabilitation of Oustees a) of families involved b) Category of families c) Details of rehabilitation plan 18. Reclamation of mined areas Enclosed at Pg 69-71/c Mining Plan along with progressive Mine Closure Plan 20. Whether clearance under Environment (Protection) Act, 1986 is required? 21. Cost Benefit Ratio Enclosed. (the project proponent has submitted that they are carrying out mining within existing lease and there is no increase in the pollution load). 22. Employment generated 23. Total Cost of the Project 600 cores 24. Recommendation i. DFO ii. CF iii. PCCF iv. State Government 25. District Profile (i) Total Geographical area of District (ii) Total forest area of District / All have recommended the proposal. p-7-8/c. p-23-25/c p 27/c. p-28/c sq km sq km

4 Divisional forest area (iii) Total area diverted since 1980 (iv) Total CA stipulated (iv) Total CA done since 1980 (as on - ) ha in 33 cases of diversion Forest land including Penal CA : ha n-forest land : ha Forest land : ha n-forest land : Nil 6. The State Government has recommended the proposal without any specific condition. 7. Digital map (Differential GPS) showing Geo-referenced boundary in shape file of the forest land proposed for diversion duly authenticated by the competent authority in the State Government. 8. Documentary evidences in support of settlements of rights under the provisions of the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, SITE INSPECTION REPORT BY THE REGIOL OFFICE, LUCKNOW Site inspection for diversion of 208 ha of forest land in favour of ACC Lakheri Cement Works for limestone mining (Lakheri-Chamovali Mining Lease) in Bundi forest Division in district Bundi, Rajasthan was carried out on Following officers were present during the site inspection with the undersigned. 1. Shri Sumit Chaddha Sr. Gen Manager 2. Shri Harender Singh Chief Manager Mines 3. Shri Gupta DFO Bundi Forest Division 4. Shri Mittal Range Officer Indergarh Range The site inspection report is furnished herewith as per format given at Annexure-X of FCA guidelines. 2. Legal status of the forest land proposed for diversion: The proposed area for diversion is 208 ha which is Protected Forest & distributed in Lakheri area of Bundi district. 3. Item wise break up details of the forest land proposed for diversion: As per the information furnished in the proposal the item wise breakup of forest land proposed for diversion is Sr.. Name of structures Area in ha 1. Area excavated Area not disturbed Area converted to Water 109 Reservoir 4. Area Backfilled and planted Initial External Dump outside 34 pits. Total area (Sl.1+2+5) 208 Out of 208 ha of forest land proposed for renewal of lease, 131 ha land has already been excavated. And of the excavated area water reservoir water reservoirs have been made in about 109 ha at different places and the dumped areas have been reclaimed and planted up. Area of 1107 ha of nonforest land is also under possession of ACC, although it is not in use at present. 4. Whether proposal involves any construction of buildings (including residential) or not. If yes, details thereof:

5 permanent building has been made in the forest area, only some temporary structures potacabins and wobblers machines for excavation of lime stones have been established at the site of excavation. All other permanent buildings have been made in non forest land. 5. Total cost of project at present rates: Total financial cost of the project is Rs crores. 6. Wildlife Whether forest area proposed for diversion is important from wildlife pint of view or not: Area is not significant from wildlife point of view and it is not part of any National Park or wildlife sanctuary. 7. Vegetation: Vegetation density is but no fresh felling is involved as works in most of the area is complete and in the remaining area also top soil has been removed. Total number of trees to be felled: Nil Effect of removal of trees on the general ecosystem in the area: The area is degraded and tree felling may not be required. Instead the project authority proposes to plant up the vacant area. Important species: t Applicable Number of trees to be felled of girth below 60 cm. Nil Number of trees to be felled of girth above 60 cm. Nil 8. Background note on the proposal: The Lakheri Cement Works is the oldest cement plant of Asia and only big industry in Bundi district of Rajasthan and is running since The lime stone for the cement plant is supplied from captive Lakheri Chamowali mining lease area. The mining lease was first granted in 1913 over an area of 100 Sq Km by the Bundi State. On the subsequent renewal the area was reduced and the last renewal prior to enactment of FCA 1980 which was granted by the State Government vide their number P-4/120/Khan/Group-4/73 dated for the period of 20 years i.e. from to The renewal is asked for the area ha the break up of which is as under: a. n forest area b. Forest area 108 broken forest granted approval of GOI under FCA vide letter.8-2/97-fc dated ha forest granted approval of GOI under FCA vide letter. 8-26/2003 FC dated ha forest approval yet to be granted and proposal has not been submitted to GOI. The major lime stone deposit occurs in forest area where mining is continuing since Presently the mining is going on in 100 ha forest area which was diverted in the year The mineralized area has already been broken and parts of the area between the lime stone strips remain untouched except access road and railway track. The reclamation activities are going on in mined up area as per IBM approved mining plan. The part of mined out pits are converted into water reservoir to harvest rain water which helps to recharge the ground water

6 table in the area and also for watering of plants supplied to local villagers for irrigation as well as for dust suppression wet mining and drinking water supply. The dumps have been planted as a reclamation activity with the species such as Sheesham, Neem, Karanj, Gulmohar, Babool, Peepal, Bargad etc in consultation with forest department and seedling supplied from local forest nursery. 9. Compensatory afforestation: information has been submitted regarding compensatory afforestation in the proposed renewal of lease of 208 ha of forest land. In the earlier approval accorded in two parts i.e. 108 ha in 1998 and 100 ha in 2006, there is some confusion with regard to compensatory afforestation. In the diversion of 108 ha the approval of which accorded vide Ministry s letter. 8-2/97-FC dated , the condition of CA in non forest land was not imposed and only penal CA was asked to be raised over 432 ha of degraded forest land at the cost of user agency. Which means the penal CA was levied in four times of the forest area diverted. Whereas in case of 100 ha diverted vide Ministry s. 8-26/2003-FC dated the condition of CA in equivalent forest land was stipulated which have also been complied with and there is no condition of penal CA although the area was diverted in favour of ACC by the mining department in violation of FCA. The representative of forest as well as user agency was unable to give any information on the matter of CA and penal CA charged in two approvals accorded by MOEF in the year 1998 and (i) (ii) (iii) (iv) (v) (vi) Whether land for compensatory afforestation is suitable for plantation and management point f view or not:. Whether land for compensatory afforestation is free from encroachment/ other incumbencies: Whether land for compensatory afforestation is important from religious/ archaeological point of view: Land identified for raising compensatory afforestation is in how many patches, whether patches are compact or not: Map with details:. Total financial outlay: 10. 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: The proposal submitted for renewal of lease period, no violation of FCA is found. However the present lease period will expire on 31 st July, 2013 and therefore as per FCA guidelines the proposal should have been submitted one year in advance. It was informed by the user agency that they have submitted the proposal to the forest department well in time i.e. on but the DFO Bundi has forwarded the proposal to the dal Officer on The dal Officer has forwarded the proposal to the Ministry on the copy of which was received in the regional office, Lucknow on Whether proposal involves rehabilitation of displaced persons. If yes, whether rehabilitation plan has been prepared by the State Government or not:.

7 12. Reclamation plan: The mined up area is reclaimed as per IBM approved plan. 13. Details on catchment and command area under the project: t applicable. 13. Cost benefit ratio The cost benefit analysis has been given with the proposal. 14. Recommendation of the Principal Chief Conservator of Forests/ State Government: The dal Officer and State Government have recommended the proposal. 15. Utility of the project: Number of Scheduled Caste/Scheduled Tribes to be benefited by the project. The proposed renewal of Lakheri Chamowali mining lease is mainly for supplying of basis raw material i.e. Lime stone to the Lakheri Cement Works, which is the only big industry in Bundi district of Rajasthan and running for about 100 years now. The Lakheri town is having population of about 50 thousand people and large number of population is directly or indirectly getting employment through the cement factory persons are directly employed in the cement factory / mining activities and are indirectly linked with the factory works. The person benefited by the project also includes SC /ST as well as other community. However number of people on caste basis has not been worked out. 16. Whether land being diverted has any socio-cultural /religious value. : Whether any sacred grove or very old growth trees /forests exist in the area proposed for diversion. Whether the land under diversion forms part of any unique eco system. 17. Situation w.r.t any P.A. The area is not part of any Wildlife Sanctuary or National Park and the Ranthambore Tiger Reserve is located at the distance of 50 Km. 18. Any other information relating to the project: a. As mentioned in para 8 above there is some confusion with regard to compensatory afforestation in this case. In the first approval accorded by Ministry of Environment and Forest involving diversion of 108 ha of forest land for mining of lime stone in Lakheri Chamowali mines in favour of ACC cement works vide Ministry s letter. 8-2/97-FC dated , no compensatory afforestation was stipulated. rmally for violation of FCA penal CA is imposed on double degraded forest land. But in this case the penal CA had been stipulated over four times of degraded forest land i.e. against 108 ha of forest land Penal CA was stipulated over 432 ha of degraded forest land. Although condition of CA was not stipulated by the ministry, during site inspection the representative of user agency has given a copy of letter of district Collector, Bundi bearing. 8-5( ) Revenue /2002/830 dated informing that against 108 ha of forest land diverted to ACC equivalent non forest land from the land bank of Indira Gandhi Canal Project has been allocated in favour of forest department for compensatory afforestation information from the forest department has been given for such allocation of non forest land against 108 ha of forest land diverted to ACC for lime stone mining.

8 b. Whereas in the second approval accorded by the Ministry for diversion of 100 ha forest land for mining of lime stone in Lakheri Chamowali mine in favour of ACC cement works vide Ministry s letter. 8-26/2003-FC dated the CA was stipulated over equivalent non forest land and no penal CA was asked in this matter although this was also for ex post facto approval under FCA and land was already diverted to the ACC by the State Mining Department in Against the 100 ha forest land diverted non forest land was provided in two patches at village Barani and village Karbala which has also been declared as protected forest vide notification. p2(1)van/2009 dated c. As mentioned above the forest land was diverted to ACC for lime stone mining in two parts i.e. 108 ha in 1998 and 100 ha in It was informed by the Chief Mining Manager and also observed during site inspection that mining has already been completed in 108 ha of forest land diverted. there is no minable mineral available in the area and the over burden has been dumped near mined up pits and plantations have been carried out for reclamation on dumps. The pits created after mining have been converted into reservoir which is used to harvest rain water which helps to recharge the ground water table in the area and also for watering of plants supplied to local villagers for irrigation as well as for dust suppression wet mining and drinking water supply In this 108 ha area currently used by ACC is for haul road and Railway track for mineral transportation which is around 4 to 5 ha only. In the remaining 100 ha diverted forest in 2006 mining has been completed in more than half of the area and this mined out area is also back filled with over burden and dumps have also been made on which plantation has been carried out as part of reclamation. Part of this area also being used for haul road and companies owned railway tracks for mineral transportation for mines. Mining operation is going in balance about 50 ha area, where mining activity will last for another three to four years. For subsequent mining the ACC cement company has already initiated for diversion of ha of forest land the proposal of which is in the initial stage as fresh diversion case. Therefore from 208 ha which was diverted to ACC cement works in Lakheri Chamowali mines for mining of lime stone, after deducting the area of haul road/railway track and where mining work is in progress, the remaining area should be returned back to the forest department for taking up required plantation and soil conservation activity for which the money should be provided by the ACC d. Compliance of conditions stipulated in the Ministry s approvals accorded to the ACC Cement Company for mining of lime stone at Lakheri Chamowali Mines in 108 ha and 100 ha have been submitted by the DFO and as per the report all conditions have been successfully complied with the penal CA in 432 ha in degraded forest land against 108 ha and CA in 100 ha non forest land against 100 ha have been achieved, entire area is demarcated with boundary pillar, safety zone has been maintained, reclamation of mined area is done as per the reclamation plan and other conditions have been complied. The user agency and forest department officers present have been advised that the boundary pillar should have inscribed with cordent (lat long), fore and back bearing and number of on pillar. e. In the approval accorded in 2006 there is no mentioned of NPV required to be charged in diversion of forest land. Therefore the user agency have to pay the NPV for entire 208 ha of forest land used for mining. f. The ACC carrying out number of social activities for benefit of the local people of the Lakheri village such as providing education to the society by having computer learning and training to the boys and girls, vocational training to the youth at ITI support to the existing schools of the Lakheri, public health hygiene and sanitation programme, community development and livelihood works conducting training on income oriented skill such as tailoring, printing, pickle making, cosmetic jewelries etc. ACC is also supporting in agriculture development in animal husbandry and dairying besides taking up plantation activities in and around in the factory area. Slogan related to environment and forest conservation as well as other social issues are displayed at various location in the mined area for awareness.

9 19. Additional Principal Chief Conservator of Forests shall give detailed comments whether there are any alternative routs/ alignments for location the project on non-forest land: The proposed land for diversion is for renewal of lease of already diverted forest land. The existing lease is about 100 years old and was first accorded in the year 1013 over an area 100 Sq Km which was granted the then Bundi Estate. The renewal by the State Mining Department was accorded on for the period of 20 years w.e.f to which means the existing lease will expire on There is no alternative to the present lease for renewal as per the mining rules. 20. Recommendations of Regional Chief Conservator of Forests along with detailed reasons: The ACC is one of the oldest cement factories in our country is back bone for the employment in Lakheri and nearby areas of Bundi district since its inception. The total area of 208 ha is already under the control and which have been accorded approval under FC Act as per the details given above for extraction of lime stone for running of the cement factories. Out of 208 ha presently the work is being taken up in about 50 ha of the area which was diverted in 2006 (100 ha). The remaining ha the mining work has been completed and the area is exhausted as no lime stone is now available. This area has been reclaimed also by creating reservoir for harvesting of rainwater for various purpose and planting over the dumped area. Only part of these used areas is for road and railway track existing there for transportation of minerals. Therefore the area which is not in use for mining and has already been reclaimed should be returned back to the forest department and the remaining area after mining work is completed should also be returned back to the forest department. The ACC has already initiated for diversion / renewal of ha which is being processed by the State Government for submission to the Ministry of Environment & Forest for consideration under FCA. The ACC cement company is working in the forest for about 100 years and has help in the development of the area by providing employment opportunity to the local people and taking number of developmental activities for improvement of health, education, agriculture and other activities. The raw material is required to be supplied to the cement factory and the existing lime stone available would help to run the factory for another 25 to 30 years (including the area of ha). The ACC has also complied with all the conditions stipulated by MOEF in the two approval accorded in 1998 & The proposal is recommended for approval on following conditions: 1. CA shall be taken up in 108 ha in non forest area if it has not been taken up earlier. The State Government need to confirm if CA was taken up in the non forest area as per the letter of DM, Bundi as mentioned above in para 18(a) 2. The user agency shall pay the NPV as per the eco class for entire 208 ha 3. The area which has already been reclaimed and where there is no mining activity should be returned back to the forest department for normal management. 4. The entire vacant area of the forest land for diversion shall be planted with the suitable species at the cost of user agency. 5. The entire stretch of peripheral area or the outer boundary shall be planted up to abate the air pollution. 6. The user agency shall also pay the cost for establishing high-tech nursery for developing 2 lacs of seedlings for the plantation of entire area as well as for distribution of local people. 7. The environmental clearance should be taken as per the requirement. 8. To check erosion the required soil and moister conservation structure shall be created in consultation with the forest department. 9. The user agency should also help forest department to promote joint forest management by providing fund for support activity in the villages and for creating forest protection committees. 10. The ACC Company should prepare a blue print for increasing green cover and restocking of the area with suitable species in consultation with the forest department. In view of the above facts, if approved, the proposal may be submitted to the FAC in its forthcoming meeting

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