GOVERNMENT OF ANDHRA PRADESH ABSTRACT Diversion of Forest land for non forestry activities like formation of roads, laying pipelines, constructions of Dams, Canals, Electrical lines, Mining purpose etc.- Procedure to be followed under Forests © Act, 1980- Instructions - issued. ENVIRONMENT FORESTS SCIENCE AND TECHNOLOGY For.) DEPARTMENT GORNO6 Dated:6-1-2007 co Read the following: 1. GOI, MoEF, Notification No.l-I/CEC/SC/2002, dt. 3-6-2002 creating Central Empowered Committee (CEC) vide $.C. orders dt. 9-5-2002 in W.P. (Civil) Nos. 202/95 & 171/96). 2. EFS & T Department U.O, Note No,6051/For.I(1)/2006-1, dt.12-7-2006. ORDER: Several instances have come to the notice of the Government regarding violation of the provisions of Forest (Conservation) Act, 1980, Wild Life Protection ‘Act,1972 as amended in 2003 / orders of Hon'ble Supreme Court of India and GOI guidelines issued thereon, by certain Government Departments, Agencies and Public Sector under takings , though there are clear guidelines of Government of India under Forest (Conservation) Aci, 1980 and orders of Hon'ble Supreme Court of India, in force, ‘The general public and some NGOs are’ filing petitions (PlLs) before the (on’ble Supreme Court of Indie, Hon'ble High Court and Central Empowered ‘omatittee (CEC) constituted by Supreme Court.of India vide their order in WP (C) Nos.202/95 and 171/96 at. 9-5-2002 and GOI M.oBF, notification No.1-1/CEC/S/2002, «dt.3-6-2002 against the violation of the provisions of Forest (Conservation) Act, 1980 and Wild Life (Protection ) Act, 1972 and Hon'ble Supreme Court orders against the Departments concemed for construction of projects/ roads canals and any other structuces without prior permission of GOT as required under Seo-2 of F.C. Act, 1980. 2. Dueto violation by the concemed departments, this department is being drawn to the adverse notice of the Central Empowered Committee and Hon'ble Supreme Court of India, as invariably petitions are being filed against the State Government, The Hon'ble Supreme Court is viewing these violations very seriously and directing the State Government to fix responsibility against the concerned officials, besides levying heavy penalties as punitive measures. 3 In the U.O.Note 2" read above, this department has already requested all the ‘departments concerned to issue strict instructions to their Heads of Departments! Field Level Officers not to take up any non forestry activity in Forest lands without obtaining prior permission from Government of India under Forest (Conservation) Act, 1980. 4, All the Departments! User agencies should note thet any developmental/non forestry activity shall not be taken-up in Sanctuaries and National Parks without obtaining prior permission from the National Board for Wild Life (NBWL) constituted under Wild Life (Protection ) Act, 1972 for the purpose, besides obtaining permission ‘of Supreme Court of India as per SC.of India orders dated: 13-11-2000 in 1A No.2 in WP No.337/1995, and finally the prior permission from GOI under Forest (Conservation) Act, 19805. The Chief Secretary to Government during the “State Level Forest Protection. Committee Meeting” held on 14-9-2006 has reviewed certain cases of violation under F.C. Act., and the consequences in not seeking the GOI’s prior permission for certain projects that were taken up in forest lands and Wild Life sanctuaries. 6. Accordingly, it -has been. gegided to bring to the notice of all concerned departments the guidelines prescribed under F.C.) Act 1980 which are to be followed by the User Agencies desirous of using forest lands for non forestry purpose. The precise procedure to be followed is given below for obtaining GO!'s prior permission under the said Act.: . L Every User Agency which wants to use any forest land for non-forestry purposes shall make its proposal in the relevant Form i.e, Form “A”. for seeking first time approval under the Act, Form ‘B? for seeking renewal of leases, where approval of the Central Government under the Act had already been obtained, to the Prl.CCF./ Nodal Officer, O/o Prl.CCF. along with requisite information and documents, complete in all respects. Form A & B are enclosed as Annexure-Land Il The Prl.CCF/ Nodal Officer after reccipt of the proposal, and upon being satisfied that the proposal is complete in all respects and requires prior approval under Section 2 of the F.C. Act 1980 shall forward the proposal to the concemed territorial DFO. If the Prl.CCF,/ Noda! Officer finds that the proposal is incomplete, he shall retum the same to the User Agency for necessary corrections and re- submission of the same to Prl.CCF/ Nodal Officer of the State. The Divisional Forest Officer and the Conservator of Forests shall examine the | factual details on the ground and feasibility of the proposal, certify the maps, camry out site- inspection, enumeration of the tree growth and forward their findings in the formats specified in this regard to the Pri.CCF/ Nodal Officer (FCA), O/o Pil. CCF, Hyderabad. ‘The Prl.CCE/ Nodal Officer, shall forward the proposal to the State Government in EFS & T Department along with his recommendations certified in Part IV on the receipt of such proposal from the DFO or. Conservator of Forests. The Government in EFS & T Department, on receipt of the proposal from PrCCE/ Nodal Officer, shall forward the complete proposal, along with recommendations in Part-V to the Government of India, Ministry of Environment & Forests, Bangalore! New Delhi, as the case may be. Provided that all proposals involving clearing of naturally grown trees on the forest land or a portion thereof for the purpose of using it for reforestation shall be sent in the form of a Working Plan or Management Plan. Provided further that the Government shall simultaneously send the intimation to the User Agency about forwarding of the proposal, along with its recommendations, to the Regional Office, Bangalore, or the Ministry of Environment and Eorests New Delhi, as the case may be.7, The proposal involving forest land up to 40 ha. other than the proposal relating 10 mining and cneroachment, shal] be forwarded by the State Government to the Chief Conservator of Forests (Central), Regional Office, Minisiry of Environment and Forests, Government of India , Bangalore, who shall (2) decide the diversion proposal up to 5 ha. atid (©) process, scrutinize and forward diversion proposels of more than 5 ha. and up to 40 ba. along with his recommendations to the Ministry of Environment and Forests, Paryavaran Bhavan, CGO Complex, New Dethi for obtaining the dgrision of Central Government. 7. From the above, it is clear thar cbiainiog cleerance from Central Government for diversion of any forest Jand will take considecable time, and, therefore it is legally necessary for all the User Agoncios / Government Deportments to sobmit their proposals for diversion of ony forest lond in accordance with the sbove said rules and obtain necessary clearances ftom GOI, well in advance of commencement of their proposed project - so as to avoid uincetssary' delays and legal complications in implementation of the projeots at later stage, $. The Government is giving priority to the development of Remote and Interior Areas which involve constniction/ repairs of large number of roads involving forest land for improving connectivity in rural areas: The guidelines issued by Ministry of Environment & Forests, Government of India, on coustruction of mew roads in forest arcas and upgradation (improvement af existing ronds, are enclosed as Annexure-LIL} 9. Hence the proposals involving forest lands will require clearance under Forest (Conservation) Act, 1980, and therefore, for obtaining expeditious clearance from Central Government, it is advised that the concerned departments like P.R. & RD, R&B, SW (TW) should, prepare a consolidated proposal for such roads works involving forest areas in each distric'/ division in the specified formats, duly furnishing all the details and submit to the Principal Chief Conservator of Forests, Hyderabed ‘ANodal officer of the Forest Department well in advance. 10. Apart from the above the foliowing pre — conditions shall also be fulfilled invariably in all cases, 1. The requirement of equivalent non forest land for Compensatory Afforestation in lien of forest land diverted should be identified in coordination with District Administration and got inspected by the Divisional Forest Officer / Forest range Officer concerned 10 asses its sultability for raising Compensatory Afforestation. Such C.A. Jands can be givea in the sums diswict or in any district in the State, It should be adjacent to RF. aren preferably. 2, ‘The requirentent of funds towards payment of Compensatory Afforestation ie. cost towards C.A. shall be got calculated by the Divisional Forest Officer concerned where the C.A, Jands are identified and the C.A. Scheme shall also be enclosed. 3, As per orders of Hon*ble Supreme Court of India dated 30-12-2002 and 1-08-2003 in TA No. 566 in WP ( C}'No.202 of 1995 and as per guidelines issued by Ministry of Environmen! & Forests vide letters No.5-1/1998 F.C. (PLIL) dated: 18-9-2003 and 2-9-2003, Net Present Valuc (N.P.V.) of the Contd...4