MINUTES OF THE MEETING OF THE REGIONAL EMPOWERED COMMITTEE (REC) CONVENED ON 03rd MARCH, 2017

AGENDA ITEM NO.1 (PUNJAB)

F.NO Name of the Project State Area U.A.

9-PBC407 -2016-

CHA

Diversion of 5.3631 hectares of forest land in favour of PWD (B&R) Construction Division Malerkotla for up-gradation Jorepul to Babanpur road (KBC RD 0-82 L/s) under Forest Division and District Sangrur, Punjab

Punjab 5.3631 ha

PWD (B&R)

The salient features of the proposal are as below:

1. The proposal envisages diversion of 5.3631 hectares of forest land in favour of PWD (B&R) Construction Division Malerkotla for up-gradation J orepul to Babanpur road (KBC RD 0-82 L/s) under Forest Division and District Sangrur, Punjab.

2. The proposal involves felling of 1805 trees, 3880 plants. 3. Compensatory Afforestation shall be carried out on 5.3631 ha non-forest land to be

provided by user agency. 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 for up-gradation Jorepul to Babanpur road (KBC RD 0-82

L/ s), there is no other alternative possible for the project avoiding forest land. 6. The proposed alignment is not passing through any National Park, Wildlifc

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 sacred grove or very olel growth trees/forests exists 0;11 the site and the forest

land proposed for diversion is not having any socio-cultural/ religious value. 11. There is no Protected Archeological/Heritage site/Defence establishment in the

proposed area for diversion. 12. This proposal was first listed in the REC meeting helel on 13th October, 2016

following information was sought from the State Government:

a) Equivalent non-forest lanel for CA along with site suitability certificate, map and s~;heme.

b) Admin istrative approval of the competen t a'll thority. c) FRA certificate from concerned Depu ty Commissioner.

13. The proposal was again listed on lAth December, 2016 and the matter was deferred as the observations raiRed in the previotls meeting WCl'e not complied.

14. On 03.03.2017 j'he st/:1te' government provided partial information to the obsE:rvations raised vi.de l<:tt<';1" daLt.:d J9.10.2016 and 28.12.2016. The r~escntaliVc or user a.g(mcy pn;scnl ill 01(.; mcclirl.g informed lhat the iss1.l"

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regarding provisions of non forest land for CA has been taken up with the higher authorities which may take more time.

15. After deliberations, the committee observed that though compliance to conditions b) & c) of the observations made by REC in the meeting dated 13. 10.2016 has been made but the condition of providing equivalent non forest land which was also raised in the meeting held on 13.10. 2016 has not been fulfilled and the user agency is still not in a position to comply the conditions of providing equivalent non forest land after a period of more than 4 months. The committee

l thus decided

to reject the proposal for non furnishing of essential information as per provisions of Para 4.14 (i) of the Handbook of FCA, 1980 Rules and Guidelines. Such proposals can be reopened provided the following conditions are satisfied:

(a) All the required information has been made available. (b) Delay in providing the information is satisfactorily explained; and (c) There is no change in the proposal in terms of scope, purpose and other

important aspects.

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AGENDA ITEM NO.2 (PUNJAB)

F.NO Name of the Project State Area U.A.

9-PBC445 -2016-

CHA

Diversion of 13.3062 ha of forest land for construction of four lane Patiala access controlled of Loddowal bypass linking NH-95 with NH-1 via Laddowal Seed farm at Ludhiana from Km. 0.000 to KIn 17.041 under NHDP-VII in the state of Punjab on Hybrid annuity Mode under Forest Division and District Ludhiana, Punjab

Punjab 13.306 2ha NHAI

The salient features of the proposal are as under:

1. The proposal envisages diversion of 13.3062 ha of forest land for construction of four lane Patiala access controlled of Loddowal bypass linking NH-95 with NH-1 via Laddowal Seed Farm at Ludhiana from KIn. 0.000 to Km 17.041 under NHDP-VII in the state of Punjab on Hybrid annuity Mode under Forest Division and District Ludhiana, Punjab.

2. The proposal involves felling of 1985 trees (1966 trees + 19 u/ s poles) and 2664 plants.

3. Compensatory Afforestation is proposed on 26.62 ha forest land in Jassowal Drain KM 10-30. The Compensatory Afforestation scheme involves maintenance of plantation for ten years. Additional CA scheme for planting 5.328 ha (5,328 tall plants) area is also proposed on Jassowal Drain KM 10-30.

4. The legal status of the forest land proposed for diversion is Protected Forest. 5. As the project envisages for construction of four lane Patiala access controlled of

Loddowal bypass linking NH-95 with NH-1 via Laddowal Seed farm at Ludhiana from Km. 0.000 to Km 17.041 under NHDP-VII in the state of Punjab, there is no other alternative 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 requirell'lent 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. lO.No sacred· grove or very old growth trees/forests exists on the site and the forest

land proposed for diversion is not having any socio-cultl1raJ / religious value. 11. There is no Protected Al'cheologica] /I-Ierilage site/Defence esta.blishrnent in thE>

proposed area for diversion. 12.Thi8 proposal was firsl listed on 141h December, 201f> and foJ]owing inforDlatim

was sought from the State ()overnment: a.) Alternate C/\ site with c.LJ()ugh spa.cc and for planLinl1 along WitJl I<ML fik

and ~iLe suilabil1Ly ccrl ificatc.

Correct KML tHe of propos(xl project :-:l'itc.

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c) The 17.041 KM involves forest land (protected forest) owned by PWD/NHAI and Irrigation Department along the canal. Hence for the diversion of land owned by Irrigation Department, equivalent non-forest land would be required for Compensatory Afforestation and for rest of the forest land owned by PWD/NHAI double the degraded forest land is required for Compensatory Afforestation as per guidelines. DFO should work out the Compensatory Afforestation requirement accordingly and propose Compensatory Afforestation sites (both NFL & FL) along with KML files and site suitability certificate.

13.The reply of the observations was received on 02.03.2017. 14. During the discussions, it was brought to the notice of committee that out of total

17.041 KM. road, 12.5 KM. land is in the ownership ofNHAI and rest 4.541 KM. is the land owned by Irrigation Department. The NHAI is the Central Government undertaking which is covered under special provisions for CA as per para 3.2(ix) of FCA 1980 Guidelines. Hence, CA on double the degraded forest land is being considered. The CA site Jassowal Drain KM 10-30 long has a width of 25 meter on either side an approximately 100 ha. total area is available for planting and gap plantation of 26.62 ha can be carried out. In addition, additional CA 5.328 ha, (5328 tall plants) can also planted on Jassowal Drain.

15.After detailed deliberation, the REC recommended the proposal for according Stage-I approval subject to the fulfillment of following conditions/submission of documents:

i) KML file (polygon shape) aJ1d geo referenced DGPS map of proposed road giving geo coordinates at 200-300 meter intervals induding all turning points as shown in the CD in the soft form will be uploaded at C (ii) and (iv) part I online.

ii) KML file (polygon shape) and geo referenced DOPS map of area proposed for CA from KM. 10-30 of Jassowal Drain having width of 25 meter on either side will be uploaded at para 13 (i) and (iii) PaJ"t II online.

iii) Original FRA provided during the meeting will b<.: uploaded as additional document in part I online.

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AGENDA ITEM NO.3 (PUNJAB)

F.NO Name of the Proiect State Area U.A.

9­PBC480 -2016­

CHA

Diversion of 13.236 ha of forest land for construction of road widening from Patti to Khem Karan of both sides KM 0 to 27.06 (Total length 27.06 KM) Tehsil-Patti, under Forest Division Amritsar and District Tarn Taran, Puniab

Punja b

13.236 ha PWD (B&R)

The salient features of the proposal are as under:

1. The proposal envisages diversion of 13.236 ha of forest land for construction of road widening from Patti to Khem Karan of both sides KM 0 to 27.06 (Total length 27.06 KM) Tehsil-Patti, under Forest Division Amritsar and District Tarn Taran, Punjab.

2. The proposal involves felling of 537 trees, 22 poles. 3. Compensatory Afforestation and Addl. CA shall be carried out on 26.656 ha forest

land. 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 for construction of road widening from Patti to Khem

Karan of both sides KM 0 to 27.06 (Total length 27.06 KM), there is no other alternative 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 sacred grcwe or very old growth trees/forests exists on the site and the forest

land proposer! for diversion is not having any socio-cultural/religious value. 11. There is no Protected Archeological /Heritage site/Defence establishment in the

proposed area for diversion. 12. This proposal was examined and on 22nd December, 2016 and 27 th February, 2017

following information was sought from the State Government: i. Correct KML tile ot CA sileo

ii. Original hard copy of FRA certificate and the same be uploaded as additional document in part I online.

111. The Oeo referenced digital map of the area proposed Em' CA upl.oadcd online at column 13 (i) and (ii) of Part n is not correct. Revised OOPS map of CA may be:: upl.oaded giving geo-coMdinates <ElL all Corner poi'nLs in sha.pe iiI<..: aJ,ongwil'h hturi copy of" original digilaJ map signed by DI"O.

IV. No. of tre::es to be fe::l1ecl. is not urJoadcd.

13. St.ale: Clovorn 1111'11 t I'h rough Nodal Officer has S'U bmHt(lCl com pleLe ill f"onnatioll (rn

02.03.201.7.

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14. Though compliance to these observations was satisfactory but while examining the documents as uploaded on web portal, the committee observed that the CA site Baskerke Distributory RD mentioned in the KML file and DGPS map is 5-94 whereas in the hard copy it is mentioned as 0-90. DFO Amritsar present in the meeting provided an undertaking that the CA site for the above referred proposal is Baskerke Distributory RD 5-94 instead of 0-90 as mentioned in the documents. He also provided original copy of the land suitability certificate of 26.56 ha CA site Baskerke Distributory RD 5-94 B/s in the meeting.

14 Mter deliberations the committee decided to accord Stage I approval subject to the following conditions:

(A) i) Cost of compensatory afforestation as per CA scheme may be realized from the

user agency; ii) 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 Honble Supreme Court of India's Order dated 30th October 2002, 28th March, 2008, 24th April, 2008 and 9th May 2008;

iii) The User Agency shall deposit payments only on Ministry of Environment, Forest and Climate Change web portal http/ Iforestsc1earance.nic.in OR http/ I efc1earance.nic.in;

(B) The following conditions shall also be complied with after the final approval IS

accorded: iv) Legal status of the forest land will remain unchanged; v) Efforts should be made to fell minimum number of trees and in any case, not more

than 537 trees and 22 poles will be removed. vi) The trees should be felled under strict supervision of th.e State Forest Department; vii) The CA will be carried out over 26.472 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. In addition, 44 tall plants (6-10 feet high) shall be planted (0.044 hal and the user agency will bear the cost of this plantation also.

viii) The forest land will not be llsed for any other purpose than that mentioned in the proposal;

ix) The forest land proposed to be diverted shall under no circumstances be tJ'ansferred to any othe'!' agcncy, department, or person without approval of the Central Government;

x) The layout plan of the proposal shall not be changuci withou l the prior approval of the Central Qovernment; .

xi) The user agency shall raise strip plantation on both sides alld cel'llral verge of the road at th(; pl'OjCct cost Fl.S pet· U~C specifications with mainLcl1anCt: uf seven to ten y~ars;

xii) No damage wHL bc dnnc to I hc adjoining forcst la:nd; xlii) No labour ca.mp shaLl Ix; (;sL::lblish('r! QJ") th(~ forest: l..tnd;

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xiv) The user agency shall pay additional amount of NPV as and when increased on the order of Hon 'hIe Supreme Court;

xv) 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;

xvi) The required soil conservation measures should be taken up by the user agency for which fund should be provided as per the current rate of works;

xvii) 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;

xviii) 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.;

xix) The User Agency shall ensure that because of this project, no damage is caused to the flora and the wildlife available in the area;

xx) 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.

xxi) Any other condition that this Regional Office may stipulate, from time to time, in the interest of conservation, protection and development of forests & wildlife;

xxii) 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;

xxiii) 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-14(A), above, final approval order under Section-2 of the Forest (Conservation) Act, 1980 shall be given. The usc of forest land will not. be allowed till final approval is accorded.

Q'AAo ('r'-<;Zt,QI~'V' .

, .--:::-'" (Gaurav Gam') (V.N. Sharma)

Member Member (Not present)

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~ n -\--9 -____ (Kuldeep Singh) (Som .D~ru.ar--­

Member C.F. cum Membcr-SecreLary

~ (Ajay Kum.8r)

APCCI·' cum Chairperson