27 March, 2015 - Forest Clearances

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MINUTES OF THE MEETING OF THE REGIONAL EMPOWERED COMMITTEE
(RECI CONVENED ON 27TH MARCH, 2015
AGENDA ITEM NO.1 (HARYANA)
File No.
9-HRCOO6/
2015-CHA
Name of proposal
State
Diversion of 74.87 ha (16.07 ha+ 40.80
ha + 18.00 hal of forest land in favour of
National Highway Authority of India for
4 lanning of NH 65 (New NH 152) from
lan. 11 to 24.200 falling in Ambala
District, KIn. 24.200 to 64, falling in Haryana
Kurukshetra distrct and KIn. 64 to 73
fallling in Kaithal district, under forest
Ambala,
and
district
division
Kurukshetra and Kaithal, Haryana
Forest
Land
U.A
74.87 ha
National
Highway
Authority
of India
(NHAI)
The Regional Empowered Committee discussed the above mentioned proposal on
27.03.2015, heard the presentation made by the user agency, the Nodal Officer,
Haryana and observed as below:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
The proposal envisages diversion of 74.87 ha (16.07 ha + 40.80 ha + 18.00 hal
of forest land in favour of National Highway Authority of India for 4 lanning of
NH 65 (New NH 152) from km. 11 to 24.200 falling in Ambala District, Km.
24.200 to 64 falling in Kurukshetra distrct and Km. 64 to 73 fallling in Kaithal
district, under forest division and district Ambala, Kurukshetra and Kaithal,
Haryana. The User agency is NHAI.
The proposal involves felling of 26706 trees and 17425 plants.
Compensatory Afforestation has been proposed in Hamidpur Reserve Forest &
Barri Kohri Protected Forest in Ambala Forest Division. Seonthi Reserve Forest,
S.Y.L. Protected Forest, Bir Surja Reserve Forest, Bhakhli Reserve Forest,
Ramgarh Reserve Forest and Seonsar Reserve Forest in Kurukshetra Forest
Division, & Bichayan R.F in Kaithal Forest Division. 32140 plants in Ambala
Forest Division, 81600 plants in Kurukshetra Forest Division and 36000 plants
in Kaithal Forest division will be planted under C.A plantation and maintained
for seven years as per the C.A scheme submitted with the proposal.
The legal status of the forest land proposed for diversion is Protected Forest.
As the proposal envisages expansion of already existing National Highway, there
is no other alternative possible for the project avoiding forest land
The proposed alignment is not passing through any National Park, Wildlife
Sanctuary, Elephant /Tiger Reserve.
The requirement ofland is unavoidable and barest minimum.
No violation of Forest (Conservation), Act is there as per DFO's site inspection
report.
No rare /endangered/vulnerable and endemic species of flora and fauna have
been found/ recorded in the area.
No scared grove or very old growth trees/forests exists on the site and the forest
land proposed for diversion is not having any socio-cultural/religious value
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2
11.
There is no Protected Archeological /Heritage site/Defence establishment in the
proposed area.
12. The proposal was examined in the Regional Office, Chandigarh and on 26 th
February, 2015, certain informations were sought from the State Government.
The State Government through Nodal Officer submitted the reply on 26 th
March, 2015 However, the reply of the State Government is deficient in
following respect:
a) Ambala Forest Division:
i)
GPS co-ordinates along with DGPS map of CA sites proposed in
Hamidpur Reserve Forest and Barri Protected Forest (32.14 hal are
not provided.
ii)
Forest area calculation and linear plan are not matching in KM's and
area in all division.
Site inspection report of CF is not attached as mentioned by Nodal
iii)
Officer.
b) Kurukshetra Forest Division:
i)
Linear plan and area calculation is not matching.
ii)
It is not clear whether GPS co-ordinates given are for entire PF/RF or
for proposed C.A. sites only.
c) Kaithal Forest Division:
i)
Linear plan and area calculation is not matching.
ii)
FRA certificate is not attached.
iii)
Part I, date and column not submitted.
13. In view of the above REC decided that this proposal will be discussed again
in the next REC meeting, after receipt of the complete informations in
respect of aforementioned points.
f~
To be continued .....
3
AGENDA ITEM NO.2
(HARYANA)
File No.
Name of proposal
9-HRCOll/
2015-CHA
Diversion of 15. 18 hectares of forest
land in favour of Project Director, NHAI,
PIU, Rohtak for construction of service
roads, trunk lay bye, bus lay bye, toll
plaza, ROB, junction improvement etc.
falling between KM 145.750 to 169.400
including Hansi-byepass, jind road and
Barwala road for project of 4 lanning of
Rohtak-Hisar section of NH 10, under
forest division and district Hissar,
Haryana
State
Haryana
Forest
Land
15.18
ha
U.A
National
Highway
Authority
of India
(NHAI)
The Regional Empowered Committee discussed the above mentioned proposal on
27.03.15, heard the presentation made by the user agency, the Nodal Officer, Haryana
and observed as below:
1. The proposal envisages diversion of 15.18 hectares of forest land in favour of
Project Director, NHAI, PIU, Rohtak for construction of service roads, trunk lay
bye, bus lay bye, toll plaza, ROB, junction improvement etc. falling between KM
145.750 to 169.400 including Hansi-byepass, jind road and Barwala road for
project of 4 lanning of Rohtal{-Hisar section of NH 10, under forest division and
district Rewari, Haryana The User agency is NHAI.
2. The proposal involves felling of 1723 trees.
3. Compensatory Afforestation has been proposed on 30.36 ha forest land in
Protected Forest 'Pali. 30360 plants will be planted and maintained for seven
years as per the C.A scheme submitted with the proposal.
4. The legal status of the forest land proposed for diversion is Protected Forest.
5. As the project envisages construction of service road, trunk lay bye, bus lay
bye, toll plaza, ROB, junction improvement etc. along the existing NH, there is
no other alternative route possible for the project, avoiding forest land.
6. The proposed alignment is not passing through any National Park, Wildlife
Sanctuary, Elephant /Tiger Reserve.
7. The requirement of land is unavoidable and barest minimum.
8. No violation of Forest (Conservation), Act is there as per DFO's site inspection
report.
9. No rare /endangered/vulnerable and endemic species of flora and fauna have
been found/ recorded in the area.
10.No scared grove or very old growth trees/forests exists on the site and the forest
land proposed for diversion is not having any socio-cultural/religious value
1 1. There is no Protected Archeological/Heritage site/Defence establishment in the
proposed area.
12.The proposal was examined in the Regional Office and on 2 nd March, 2015, the
following informations were sought form the State Government.
i)
Why this part of NH-IO was not included in original proposal already
approved by MoEF&CC.
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ii)
iii)
iv)
v)
Properly typed, legible marking list of trees with scientific/botanical
names of trees.
DGMP map of proposed Compensatory afforestation sites.
Approval of the project by competent authority.
Certificate under FRA, 2006 issued by Deputy Commissioner concerned.
13 As the reply from the State Government is still awaited, the REC decided
that the proposal will be considered in the next REC meeting, after
receipt of the complete informations from the State Government.
J!
To be continued .....
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AGENDA ITEM NO.3
(HARYANA)
File No.
Name of proposal
9-HRC269/
20 14-CHA
Diversion of 6.68 hectares of forest land
In favour of Executive Engineer,
Provincial Divn, PWD B&R Br. Rewari
for widening of Kosli-Gudiyani-Palhawas
road, KM 0 to KM 16.712, under forest
division and district Rewari, Haryana
State
Haryana
Forest
Land
U.A
6.68 ha
PWD
B&R
Br.,
Rewari
The Regional Empowered Committee discussed the above mentioned proposal on
27.03.15, heard the presentation made by the user agency, the Nodal Officer, Haryana
and observed as below:
1. The proposal envisages diversion of 6.68 hectares of forest land in favour of
Executive Engineer, Provincial Division, PWD B&R Br. Rewari for widening of
Kosli-Gudiyani-Palhawas road, KM 0 - KM 16.712, under forest division and
district Rewari, Haryana The User agency is PWD B&R Br., Haryana
2. The proposal involves felling of 2535 trees and 1028 plants.
3. Compensatory Afforestation has been proposed for raising 25,350 plants in.
C.No. 6,7,8,9,10 of R.F Jhabua. The Compensatory Afforestation scheme
involves maintenance of plantation for ten years.
4. The legal status of the forest land proposed for diversion is Protected Forest.
5. As the project envisages the expansion of already existing road, there is no other
alternative route possible for the project, avoiding forest land.
6. The proposed alignment is not passing through any National Park, Wildlife
Sanctuary, Elephant /Tiger Reserve.
7. The requirement of land is unavoidable and barest minimum.
8. No violation of Forest (Conservation), Act is there as per DFO's site inspection
report.
9. No rare / endangered/vulnerable and endemic species of flora and fauna have
been found/ recorded in the area.
10. No scared grove or very old growth trees/forests exists on the site and the forest
land proposed for diversion is not having any socio-cultural/ religious value
1 1. There is no Protected Archeological /Heritage site/Defence establishment in the
proposed area.
12. This proposal was also discussed in the previous REC meeting held on 30 th
January, 2015 and certain informations were sought to consider this proposal in
the next REC meeting.
13.The reply submitted by the State Government through Nodal Officer and
received in this office on 9 th March, 2015 and 11 th March, 2015, were examined.
14.The DFO, Rewari who was present in the meeting informed that C.A was earlier
proposed in Jhabua Reserve Forest but there is no space available for C.A in
Jhabua Reserve Forest. Therefore, DFO, Rewari was of the view that the C.A site
may be selected in Nandha Reserve Forest.
15. In view of the above, the REC decided to seek following information from the
Nodal Officer:
i) Complete C.A scheme along with the DGPS map of the proposed C.A sites
and site suitability certificate for C.A.
-f£
To be continued .....
6
16. The REC decided that the proposal will be considered in the next REC
meeting after receipt of the complete informations from the State
Government
AGENDA ITEM NO.4 (HARYANA)
Name of proposal
File No.
9­
HRC279/
20 14-CHA
Diversion of 6.56 ha. of forest land in
favour of Executive Engineer, Provincial
Divn., PWD B&R Br., Rewari for
widening of Dahina-Jatusana road, KM.
o to 16.430,under Forest Division and
District Rewari, Harvana
State
Forest
Land
U.A
Haryana
6.56
ha
PWD
B&R
Br.,
Rewari
The Regional Empowered Committee discussed the above mentioned proposal on
27.03.2015, heard the presentation made by the user agency, the Nodal Officer,
Haryana and observed as below:
1. The proposal envisages diversion of 6.56 ha. of forest land in favour of Executive
Engineer, Provincial Divn., PWD B&R Br., Rewari for widening of Dahina-Jatusana
road, KM. 0 to KM 16.430, under Forest Division and District Rewari, Haryana.
The User agency is PWD B&R Br., Haryana.
2. The proposal involves felling of 2608 trees.
3. Compensatory Afforestation for raising 26080 plants in 26.08 ha. have been
proposed in Nandha R.F instead of Jhasua R.F. The Compensatory Afforestation
scheme involves maintenance of plantation for ten years.
4. The legal status of the forest land proposed for diversion is Protected Forest.
5. As the project envisages the expansion of already existing road, there is no other
alternative route possible for the project, avoiding forest land.
6. The proposed alignment is not passing through any National Park, Wildlife
Sanctuary, Elephant /Tiger Reserve.
7. The requirement of land is unavoidable and barest minimum.
8. No violation of Forest (Conservation), Act is there, as per DFO's site inspection
report.
9. No rare /endangered/vulnerable and endemic species of flora and fauna have been
found/ recorded in the area.
10. No scared grove or very old growth trees/forests exists on the site and the forest
land proposed for diversion is not having any socio-cultural/religious value
1l.There is no Protected Archeological /Heritage site/Defence establishment in the
proposed area.
12. The proposal was discussed in the previous REC meeting held on 30 th January,
2015 and it was decided to seek certain informations from the State Government of
Haryana. The State Government submitted the informations on 11 th March, 2015.
As per the information submitted by the State Government, the C.A site was
changed from Reserve Forest Jhabua to Reserve Forest Nandha. Newly proposed
C.A site map is also attached.
13. In view of the above, the REC approved the proposal subject to the
following conditions:
(A)
<f4
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i)
ii)
iii)
iv)
v)
(E)
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
xi)
xii)
xiii)
xiv)
The GPS co-ordinates and DGPS maps of the specific CA sites in Nandha
Reserve Forest be submitted.
Cost of compensatory afforestation as per CA scheme may be realized from the
user agency;·
Net Present Value (NPV) of the forest land being diverted for non-forestry
purpose may be realized from the user agency, as per Ministry's directions
issued vide letters No. 5-3/2007-FC dated 5th February 2009 and Hon'ble
Supreme Court of India's Order dated 30th October 2002, 28th March, 2008,
24th April, 2008 and 9th May 2008;
As per the orders of the Government of India vide letter No. 5-2/2010-CAMPA
dated 24.06.2011, the Net Present Value (NPV) of the forest land and all other
CA levies shall be deposited in State specific CAMPA accounts maintained by
the Ad-hoc CAMPA in New Delhi in "HARYANA CAMPA" account and this office
may be informed by duly filled in prescribed proforma;
All the funds received from the user agency under the project, except the finds
realized for regeneration/demarcation of safety zone, shall be transferred to
Compensatory Afforestation Fund Management and Planning Authority
(CAMPA) in Saving Account pertaining to the State concerned;
The following conditions shall also be complied with after the final approval is
accorded:
Legal status of the forest land will remain unchanged;
Efforts should be made to fell minimum number of trees and in any case, not
more than 2608 trees will be removed.
The trees should be felled under strict supervision of the State Forest
Department;
The User Agency shall not collect any toll from the vehicles carrying forest
officers on duty;
The CA will be carried out over 26.080 ha forest land as per the CA scheme
and the funds will be provided by the user agency. The plantation will be done
within one year from the date of issue of this letter.
The forest land will not be used for any other purpose than that mentioned in
the proposal;
The forest land proposed to be diverted shall under no circumstances be
transferred to any other agency, department, or person without approval of
the Central Government;
The layout plan of the proposal shall not be chan.ged without the prior
approval of the Central Government;
The user agency shall raise strip plantation on both sides and central verge of
the road at the project cost as per IRC specifications with maintenance of
seven to ten years;
No damage will be done to the adjoining forest land;
No labour camp shall be established on the forest land;
The user agency shall pay additional amount of NPV as and when increased
on the order of Hon'ble Supreme Court;
The user agency shall carry out muck disposal at pre-designated sites in such
a manner so as to avoid its rolling down and should be taken up as per the
scheme approved by the Forest Department;
The required soil conservation measures should be tal(en 'up by the user
agency for which fund should be provided as per the current rate of works;
~i
To be continued .....
8
xv)
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 the nearby forest areas;
xvi)
The boundary of the forest land being diverted shall be demarcated on ground
at the project cost, using four feet high RCC pillars, each pillar inscribed with
the serial number, GPS coordinates, forward and backward bearings and
distance from pillar to pillar etc.;
xvii) The User Agency shall ensure that because of this project, no damage is
caused to the flora and the wildlife available in the area;
xviii) The user agency will assist the State Government in conservation and
preservation of flora and fauna of the area in accordance with the plan
prepared by the Chief Wildlife Warden of the State.
xix)
Any other condition that this Regional Office may stipulate, from time to time,
in the interest of conservation, protection and development of forests &
wildlife;
xx)
The User agency shall submit the annual self compliance report in respect of
the above conditions to the State Government and to the concerned Regional
Office of the Ministry regularly;
xxi)
It will be the responsibility of the State Government/User Agency to obtain all
other prior approvals/clearances under all other relevant Acts/Rules/ Court's
Rulings/instructions, etc., including environmental clearance, as applicable to
this proposal;
After receipt of the compliance report on fulfilment of the conditions under para-13
(A), above, final approval order under Section-2 of the Forest (Conservation) Act, 1980
shall be given. The use of forest land will not be allowed till final approval is
accorded.
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To be continued .....
9
AGENDA ITEM NO.5 (HARYANA)
File No.
9-HRC291/
2014-CHA
Name of proposal
Diversion of 181.79 ha (23.22 ha in Hisar
Forest Division, 39.77 ha in Fatehabad
Forest Division, 118.79 ha in Sirsa Forest
Division) of forest land in favour of Project
Director, NHAI, PIU, Hisar for 4 laning of NH
10-Km. 170 to 314.656 [(Km 170 to KM 192
falling in Hisar Division), (Km 192 to KM
209, construction of new byepass from NH
10 KM. 209 R/s to connecting Km. 221.500
and KM. 221.500 to 23lfalling in Fatehabad
Division), and (KM. 231 to KM 252.200,
construction of Sirsa byepass, KM 252.200
to KM 262.200 to 262.500 and KM. 262 to
KM 314.656 falling in Sirsa Division)],
under forest division and district Hisar,
Fatehabad and Sirsa, Haryana
State
Haryana
Forest
Land
U.A
181.79
hectares
National
Highway
Authority
of India
(NHAI)
The Regional Empowered Committee discussed the above mentioned proposal on
27.03.2015, perused the site inspection report of the Conservator of Forests (Central),
Northern Regional Office, Chandigarh, heard the presentation made by the user
agency, the Nodal Officer, Haryana and observed as below:
1. Proposal envisages diversion of 181.79 ha (23.22 ha in Hisar Forest Division,
39.77 ha in Fatehabad Forest Division, 118.79 ha in Sirsa Forest Division) for
four lanning of NH-I0 from KM 170- 314.656 under forest dvision Hisar,
Fatehanad and Sirsa of Haryana. The User Agency is NHAI.
2. The total number of trees proposed to be felled is 43905 and 18027 plants!
3. i) In Sirsa Forest Division, no compensatory afforestation sites have been
indentified due to non availability of Degraded Forest Land, however,
compensatory afforestation scheme is proposed without compensatory
afforestation sites and compensatory afforestation site suitability certificate.
4. ii) In Fatehabad Forest Division, compensatory afforestation site is proposed on
non forest land acquired by NHAI for expansion of National Highway passing
though Fatehabad and NHAI is not willing to get this land declared as Protected
Forest after raising compensatory afforestation.
5. iii) In Hisar Forest Division also, few compensatury afforestation sites have been
proposed along the road which may be expanded in near future
6. The legal status of the forest land proposed for diversion is Protected Area.
7. As the project envisages expansion of NH-I0, there is no other alternative
possible for the project avoiding forest land
8. The proposed alignment is not passing through any National Park, Wildlife
Sanctuary, Elephant jTiger Reserve.
9. The requirement of land is unavoidable and barest minimum.
10.No violation of Forest (Conservation), Act is there as per DFO's site inspection
report.
To be continued .... _
f;f­
10
11. No rare / endangered/vulnerable and endemic species of flora and fauna have
been found/ recorded in the area.
12. No scared grove or very old growth trees/forests exists on the site and the forest
land proposed for diversion is not having any socio-cultural/religious value
13.There is no Protected Archeological /Heritage site/Defence establishment in the
proposed area.
14.This proposal was discussed in the previous REC meeting held on 30 th January,
2015 and certain informations were sought from the State Government.
15. The state Government submitted reply on 25 th March, 2015 but the
informations submitted were deficient in following respect:
a) Hisar Forest Division:
i) Proposed C.A sites along roads have not been changed and DFO
informed that in the road sides proposed for C.A, there will not be any
expansion of these roads in future. These C.A sites be changed in order
to maintain these on longer period
DGPS maps C.A sites, along with name of site and GPS coordinate
should be mentioned.
ii) FRA certificate is not submitted.
iii) No comments on transplantation of trees involved in the proposal.
b) Fatehabad Forest Division:
i) Like in Hisar Forest Division; in Fatehabad Forest Division also out of
15 proposed C.A sites, 12 are on road sides and nothing is expressed
about expansion of these roads in future. No GPS coordinates of C.A
sites have been given. These roads sides be changed.
ii) FRA certificate is not submitted.
iii) No Comments on transplantation of large number of plants involved in
the proposal have been given.
c) Sirsa Forest Division:
i)
GPS co-ordinates of proposed C.A sites have not been given.
ii) Only one road side is proposed for C.A which should be changed.
iii) Nothing is said about transplantation of large number of plants involved
in the proposal.
iv) FRA certificate is not submitted.
16. In view of the above, REC decided to consider the proposal in its next
meeting after receipt of complete informations from the State
Government through Nodal Officer.
(Gaurav Gaur)
Member
(V.N. Sharma)
Member
IJ£;ghl
(Kuldeep Singh)
Member
C.F. cum Member-Secretary
(Harsh Mitter)
APCCF cum Chairperson