)GOVERNMENT OF TRIPURA

FOREST DEPARTMENT, '

Dated, the,031 051~O tJNo.F. 6-1 I88/FC/For-20 19/ '" 15(; - 165

ORDER

Subject:- Proposal for diversion of 5.3233 ha of forest land for improvement of tourist spot connectivityfrom Amarpur (Fatigsagar) leading to Chabimura and having access to Eco-tourist centre underDFO, Gumati.User Agency (Executive, Engineer, PWD, R&B, Amarpur) submitted a proposal for diversion

of 5.3233 ha of forest land for improvement of tourist spot connectivity from Amarpur (Fatigsagar) leadingto Chabimura and having access to Eco-tourist centre under DFO, Gumati seeking approval of the centralGovernment under section 2(ii) of Forest Conservation Act, 1980.

The MoEF&CC, Shillong issued In-Principle Approval subject to fulfillment of certain conditionsunder section-2(i i) of the Forest (Conservation) Act, 1980 vide letter No.3- TR COl 1/2020-SHI/575-76dated 17/06/2020. Accordingly User Agency deposited NPV & CA etc. in favour of Adhoc CAMPA andsubmitted the condition wise compliance report.

Based on the compliance report submitted by the User Agency vide letter No.F.I-275(2)/RlEE/PWD/ AMP/20 18-19/9191-94 dated 18/03/2021, MoE,F&CC, Shillong issued Final ApprovalLinder Section -2(ii) of the Forest (Conservation) Act, 1980 vide No.3-TR C 011/2020-SHII175-76 dated19/04/2021.

The Compliance of the Hon'ble National Green Tribunal order vide dated 07/11/2012 andMinistry's letter dated 24/07/2013 is required wherein it was stated that State Government to pass areasoned order for transferring and / or allowing the land in question for being used for non-forestrypurpose, hence this order is being issued.

The final .order along with the conditions imposed in the approval by the Central Government ismandatorily required to be displayed in the website. The conditions are as follows:-

1. The legal statLls-ofthe -Ia'ld shall remain unchanged.2. The Compensatory Afforestation shall be raised and maintained by the Forest Department over 5.3233

ha equivalent non-forest land identified at Amarpur Range, CS Plot 1080/P, Khatian number 1111,Debbari Mouja Arnarpur Forest Sub-Division in Gumati District as per the funds deposited by the userAgency. As far as possible, mixture of local indigenous species shall be planted and monoculture .ofany species may be avoided.

3. The non-forest land transferred and mutated in favour of the State Forest Department shall benotified by the State Government as Reserve Forest/Protected Forest under Section-4 or PF underSection-29 of the Indian Forest Act, 1927 or under the relevant Section(s) of the local Forest Actlatest within a period of six months from the date of issue of Stage-Il approval. The Nodal Officershall report compliance in this. regard along with a copy of the original notification declaring the non­forest land under Section 4 or Section 29 of the Indian Forest Act, 1927 or under the relevantSection(s) of the local Forest Act as the case may be, within the stipulated period to the CentralGovernment for information and record .

.:4. i The boundary of the diverted forest land, shall be demarcated on ground at the project cost, by. , erecting four feethigh reinforced cement concrete pillars, each .inscribed with its serial number,

distance from the pillar-to pillar and GPS co-ordinates before handing over the forest land to the UserAgency.

5. The approval under Forest (Conservation) Act, 1980 is subject to the clearance 'under the'" Environment (Protection) Act 1986, if required.

'6. The forest land shall not be used for any purpose other than that specified in the proposal.

7. The forest land proposed to be diverted shall under no circumstances be transferred to any otheragency, department or person without prior approval of Central Government.

8. The User Agency shall take all possible precautions & care all the time notto impact adversely thesurrounding forests and forest land by their actions/activities.

9. Tree felling shall be done only when absolutely unavoidable and such removal, if any, shall be doneunder the supervision of the Forest Department.

10. The layout plan shall not be changed without the prior approval of the central Government.

II. The user agency shall be responsible for any loss to the flora and fauna in the surrounding. Anydamage done in this regard shall be cornperlsated by the user agency from the project cost as perassessment of the concerned Divisional Forest Officer.

12. The proposal wi II be implemented under the overall supervision of the concerned Divisional, ForestOfficer.

13. No labour camp shall be established on forest land. In order to avoid pressure on neighboring forests,the user agency should arrange for fuel, preferably alternate fuel, to the labourers working at site.

14. Violation of any of these conditions will amount to violation of Forest( Conservation) Act, 1980 andaction would be taken as prescribed in para 1.21 of Chapter I of the Handbook of comprehensiveguideline of Forest(Conservation) Act, 1980 as issued by this Ministry's letter No. 5-2/20 17-Fc dated28.03.2019.

IS. The user agency shall comply all the provisions of the all Acts, Rules, Regulations, Guidelines,Hon'b 1e Court Order (s) and NGT Order (s) pertaining to this project, if any, for the time being inforce, as appl icable to the project.

16. All other clearancelNOCs under different applicable rules/regulations local laws and under ForestDwellers (Recognition of Forest Rights) Act, 2006 as required vide MoEF, New Delhi guidelineNo.11-911998-FC(pt) dated 03.08.2009 shall be complied with.

17. User agency shall raise strip plantation on both sides and central verge of the road as per IRe norms.

18. Speed regulating signage will be erected along the road at regular intervals in the ProtectedAreas/Forest Areas.

19. The user agency shall provide suitable under / over pass in Protected Areas / Forest Area, whereverapplicable, as per recommendations ofCWLW / NBWL / REC.

20. No additional or new path will be constructed inside the forest area for transportation of constructionmaterials for execution of the project work.

21. 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.

22. The User Agency will have to obtain the Forest (Conservation) Act, 1980 clearance for stone, river sand,river boulders in forest land, if necessary.

23. User agency shall submit an annual self-monitoring report indicating status of the implementationof the conditions in the approval accorded for diversion of said forest land to the State Governmentand IRO, MoEF & CC, Shillong.

24. This approval may be revoked if the above conditions of approval are not complied to thesatisfaction of the Integrated Regional Office, Shillong.

25. Any other condition that the 'Ministry of Environment, Forests & Climate Change, IRO, Shillongmay stipulate from time to time in the interest of conservation, protection and development offorests & wildlife. The State Government shall ensure compliance of all the above conditions.

Copies of the forest clearance and this order should be submitted to all head of local bodies,Panchayats/Municipal bodies etc. for wide publicity.

The District Forest Officer, 'Gornati is also requested to submit the monitoring report time to time tothe Nodal Officer, FCA ensuring compliance of all conditions.

Now therefore, the land is to be handed over to the user agency and certificate to this effect is to besubmitted to the Nodal Officer FCA along with GPS coordinates over the area.

Enclo:- As stated .. ~O~)5'~(Harshakumar C.)

.Jt. SecretaryGovernment ofTripurato the

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Cop): to:-I. The Principal Chief Conservator of Forests & HoEF, Tripura.2. The Deputy Director General of Forests (C), Ministry of Environment,Forests & Climate Change,

Integated Regional Office, Law-U-Sib, Lumbatngen, Near M.T.C. Workshop, Shillong 793021 ofkind information please

3. The Nodal Officer, FCA, 010- the Principal Chief Conservator of Forests, Tripura for favour ofkind information please.

4. The Ch ief Conservator of Forests (T). FHQ for kind information5. The District Magistrate & Collector, Gumati for kind information.6. The District Forest Officer, Gumati for kind information and necessary action please. The

concered DFOs are requested to ensure the compliances of conditions as stipulated in theFinal Approval

7. The Executive Engineer, Amarpur Division, PWD(R&B), Amarpur Gumati Tripura. He isrequested to publish the entire forest clearances in two widely circulated daily newspapersone in vernacular language and the other is English.

8. The Sub-Divisional Forest Officer, Amarpur for information and necessary action.?~JP,e Sub-Divisional Magistrate, Amarpur for information.~ .1.I~eIn-Charge, GIS lab, 010 the PCCF&HoFF, Tripura with a request to upload the same in the

Web-site of Forest Department, Tripura.

Jt~~'FMto the Government ofTripura

3

I

~ JIm{~

GOVERNMENT OF INDIA~~~

INTEGRATED REGIQNAL OFFleE

~.Q;tmt~~~MINISTRY OF ENVIRONMENT, FOREST AND CUMATE CHANGE

~ ~ %~(M"'ILAW"U.SlD,LUMBATNG£N:.~/SlULLON(;-7()30:U

TEL. 036.4-253.7278; F.AX.0364-ZS36041B·maU; tIloefro,shtllong@gQvJo

No. 3-TR C 011l2020-SHII I ?S.--.-:pb.~,

111 •. '. d"19 Aprll,20.J

'~/Secretary,~ tHChFVGovernment of TripuraQdiCl'tOI m 'CJif f<lltlil /Department of Environment & Forests,

~\illilli1, 3'fJJ<dclll Kunjaban, Agartala,

Sub: Diversion of 5.3233 ha of forest land for improvement. of tourist spot connectivity fromAmarpur (Fatiksagar) leading to Chabimura and having access to Eco-tourist Centreunder District Forest Officer, Gomati.

Sir,This has reference to the State Govt of Tripura letter NO.F.6-1188/FC/For-20 1911239-42

dated ]7.02.2020, even no. 1298-99 dated 29.02.2020, even no. 91-94 dated 28.05.2020 andeven no. ] 35 dated 1t .06.2020 on the subject mentioned above, seeking prior approval of theCentral Government in accordance with Section 2 of the FCA, 1980.

After careful consideration of the proposal of the State Govt of Tripura by the RegionalEmpowered Committee in its meeting held on 05.03.2020 and its recommendation, In-Principleapproval was granted vide this office letter of even number dated 17.062020 subject' tofulfilment of certain conditions. The State Government has furnished compliance report inrespect of tbe conditions stipulated in the In-Principle Approval and has requested the CentralGovernment to grant final approval.

In this connection and on the basis of the compliance report furnished by the StateGovernment letter No. F.6~1188/FCfFOI·~201910:6-10 dated 05.06,2021 of Govt of Tripura andonline payment made by user agency under CAMPA and submission of compensatory levies by.e-challan dated 17.11.2020;Final Approval' of the Central Government is hereby grantedunder Section-Z of the Forest (Conservation) Act, 1980 for diversion of 5.3233 ha of forest land

,'., for improvement of tourist spot connectivity from Amarpur (Fatiksagar) leading to Chabimuraand having access to Eco-tourist Centre under District Forest Officer, Gornati, SUbject tofulfilment of the following conditions:

(1) The legal status of the forest land shall remain unchanged.

(2) Compensatory afforestation shall be raised and maintained by the State forest. Department over 5.~233-hll equivalent non-forest land identified at Amarpur Range, CSPlot lO80fP, Khatian No. 1Ill. Debbri Mouja Arnarpur Forest Division in GomatiDistrict as per the funds deposited by the User Agency. As far as possible, mixture of

(

local indigenous species shall be planted and monoculture of any species may be:avoided.

(3) The non-forest land transferred and mutated in favour of the State 'Forest Departmentshall be notified by the State Government as Reserve Forest/Protected Forest under'Section4 or PF under Section-29 of the Indian Forest Act, 1927 or under the relev$t,Section(s) of the local Forest Act latest within a period of six months from the date ,'bt'issue of Stage-Il approval. The Nodal Officer shall report compliance in this, regaW'along with a copy of the original notification declaring the non-forest land under SectiS,Ii,·4 or Section 29 of the Indian Forest Act, 1927 or under the relevant Section(s) of ',pielocal Forest Act as the case may be, within the stipulated period to the Cen~Government for information and record.

(4) The boundary of the diverted forest land, shall be demarcated on ground at the project'cost, by erecting four feet high reinforced cement concrete pi1Lars,each inscribed with itsserial number, distance from the pillar to pillar and GPS co-ordinates before handingover the forest land to the User Agency.

(5) The approval under Forest (Conservation) Act, 1980 is subject to the clearance under theEnvironment (Protection) Act 1986, if required.

(6) The forest land shall not be used for any purpose other than that specified in th~proposal. ;;" '

(7) The forest land proposed to be diverted shall under no circumstances be transferred. toany other agencies, department or person without prior approval of Central Goverrune~~.;

(8) The User Agency shall take all possible precautions & care all the time not to impactadversely the surrounding forests and forest land by their actions/activities. ' .'

(9) Tree felling shall be done only when absolutely unavoidable and such removal, if any,shall be done under the supervision of the Forest Department.

(10) The layout plan shall not be changed without the prior approval of the CentralGovernment.

(11) The user agency shall be responsible for any loss to the flora and fauna in thesurrounding. Any damage done in this regard shall be compensated by the user agencyfrom the project cost as per assessment of the concerned Divisional Forest Officer.

(12) The proposal win be implemented under the overall supervision of the concernedDivisional Forest Officer.

'(H) No labour camp shall be established on forest land. In order to avoid pressure' onneighboring forests, tae user agency should arrange for fuel, preferably alternate fuelFtothe labourers working at site .

.;" (14) Violation of any of these conditions will amount to violation of Forest( Conservation)Act, 1980 and action would be taken as prescribed in para 1.21 of Chapter 1 of,thc?Handbook of comprehensive guidelinw of Forest/Conservation) Act, 1980 as issued bythis Ministry's letter No. 5-2/2017-Fc dated 28.03.2019.

(15) The user agency shall comply all the provisions of the all Acts, Rules, Regulations,Guidelines, Hon'ble Court Order (s) and NOT Order (5)- pertaining to this project, if any,

, for the time being in force, as a~licable to the project. . , ;'I ;'

(16) All other clearancelNOCs under different applicable rules/regulations !local laws andunder Forest Dwellers (Recognition of Forest Rights) Act, 2006 as required vide MoEF,New Delhi guideline No.11-9/1998-FC(pt) dated 03.08.2009 shall be complied with. n:~,

·'.AQC\(17) User agency shall raise strip plantation on both sides and central verge of the road as: :ry-

per IRC norms.

(20) No additional or new path will be constructed inside the forest area forof construction materials for execution of the project work.

(18) Speed regulating signage will be erected along the toad at regular intervals in theProtected Areas/Forest Areas.

(l9) The user agency shall provide suitable under / over pass in Protected Areas / ForestArea, wherever applicable, as per recommendations of CWLW / NBWL / REC .

(21) TIle period of diversion under this approval shall be co-terminus with the p.•eriod of. .. - .lease to be granted in favour of the user agency or the project life, whichever is less.

(22) The User Agency will have to obtain the Forest (Conservation) Act, 1980 clearancefor stone, river sand, river boulders forest land, if necessary,

(23) User agency shall submit an annual self-monitoring report indicating status of theimplementation of the conditions y ipulated in the approval accorded for diversion ofsaid forest land to the State Government and IRO, MoEF & CC, Shillong,

(24) This approval 111ay revoked above conditions of approval are not complied tothe satisfaction of the Integrated Regional Office, Shillong,

(25) Any other condition that the Ministry of Environment, Forests & Climate Change,IRO,'8hillong may stipulate from tiIre to time inthe interest of conservation, protectionand development of forests &wildLdl;;.The State Government shall ensure compliance ofall the above conditions.

/Deputy Inspector General of Forests (C). )

Copy to:

3i"Rd!.4t/ PrincipalChiefof Environment Forests,

<crvator of Forests; Govt, of Tripura, Department.iban, Agartala,