Appendix II(B) Forest Clearance

5
TFC-14.1Ti Tralc6:-(0 i-1.50 1-1Pc46-1 a •tI nn4-11414-ile-14) National Highways Authority of India (Ministry of Road Transport & Highways) Project'Implementation Unit, Nashik. "Subodh House", S. No. 911/2, Plot No-4, Behind Toyota Showroom Off. Murnbai Agra Highway, Nashik-422009 (MAHARASHTRA) Fr No: NHAUPIU/NSIQMP-MH/2011/222 To, 1 st February, 2011 Shri D.O. Tawde Chief General Manager (Tech) NHAI, Regional Office, Maharashtra Bunglow No.2, Plot No.159, Subhankar Apartment, Ambazari Hill Top, Ram Nager, Nagpur - 440033, Sub:- Development operation and maintenance of the 4 laning MP/Maharashtra MP/MH Border - Dhule sections of NH-3 from (Km 168/500 — Km 265/000) in the State of Maharashtra under NHDP phase III on DBFOT Basis — Diversion of 63.7618 Ha Forest Land - Approval Granted by MOEF (G01) New Delhi - reg. Ref: MOEF's (Govt. of India) letter No. 8-74/2008 FC Division Paryavaran Bhawan CGO Sir, Complex Lodhi Tad New Delhi — 110003 Dtd. 28.01.2011. It is to inform your good office that vide letter under reference MOEF (Govt. of India) Granted the approval for diversion of 63.7618 Ha of Forest land for construction & expansion of existing NH-3 connecting Dhule — MP Border in Dhule District in favour of National Highway Authority of India Ministry of Road Transport and Highways New Delhi subject to 15 conditions. Copy of MOEF's letter is enclosed herewith for kind reference. Concessionaire (M/s Dhule Palesner Tollway Limited) is asked to proceed with construction activities in Forest area as per the provisions of CA and conditions imposed by MOEF. Yours faithfully, (Shri Ram Mishra) Project Director, PIU-Nashik Thanking you, Encl : As per text. Copy with enclosure to :, 1. Shri V.K. Sharma CGM (LA & Environment), National Highways Authority of India, 2 nd Floor New Delhi Shri Anil Sharma GM(T) Mah. NHAI 5 th Floor New Delhi Chief Conservator of Forest cum Nodal Officer (MS) Van Bhawan Civil lines Nagpur. Collector Dhule inf. pl. Chief Conservator of Forest Dhule Chief Conservator of Forest (WL) old Mumbai Agra road Nashik Deputy Conservator of Forest Dhule L Wilbur Smith Associates Dhule M/s Dhule — Palesner Tollway. Ltd. Km. 233. NH — 3. Mumbai - Agra Road, Village Pimpal Kheda, Nardana, Dist. Dhule is requested to go ahead with Construction / widenin g of road work in forest area as per the provisions of CA and conditions imposed by MOEF. Corp. Office : Plot No. G5 & G6 Sector - 10 Dwarka, New Delhi - 110075 P i..: 91;11;:?,g 4,100/, 074200 Fax : 91 - 11 - 25080360 / 25080460 Ext. 2223 / 2315 1 2463 '::553

description

Forest Clearance

Transcript of Appendix II(B) Forest Clearance

Page 1: Appendix II(B) Forest Clearance

TFC-14.1Ti Tralc6:-(0

i-1.50 1-1Pc46-1 a •tI nn4-11414-ile-14)

National Highways Authority of India(Ministry of Road Transport & Highways)Project'Implementation Unit, Nashik."Subodh House", S. No. 911/2, Plot No-4, Behind Toyota ShowroomOff. Murnbai Agra Highway, Nashik-422009 (MAHARASHTRA)

Fr

No: NHAUPIU/NSIQMP-MH/2011/222To,

1 st February, 2011

Shri D.O. TawdeChief General Manager (Tech)NHAI, Regional Office, MaharashtraBunglow No.2, Plot No.159,Subhankar Apartment, Ambazari Hill Top,Ram Nager, Nagpur - 440033,

Sub:- Development operation and maintenance of the 4 laning MP/Maharashtra MP/MH Border- Dhule sections of NH-3 from (Km 168/500 — Km 265/000) in the State of Maharashtraunder NHDP phase III on DBFOT Basis — Diversion of 63.7618 Ha Forest Land -Approval Granted by MOEF (G01) New Delhi - reg.

Ref: MOEF's (Govt. of India) letter No. 8-74/2008 FC Division Paryavaran Bhawan CGO

Sir, Complex Lodhi Tad New Delhi — 110003 Dtd. 28.01.2011.

It is to inform your good office that vide letter under reference MOEF (Govt. of India)Granted the approval for diversion of 63.7618 Ha of Forest land for construction & expansion ofexisting NH-3 connecting Dhule — MP Border in Dhule District in favour of National HighwayAuthority of India Ministry of Road Transport and Highways New Delhi subject to 15 conditions.Copy of MOEF's letter is enclosed herewith for kind reference.

Concessionaire (M/s Dhule Palesner Tollway Limited) is asked to proceed withconstruction activities in Forest area as per the provisions of CA and conditions imposed byMOEF.

Yours faithfully,

(Shri Ram Mishra)Project Director,PIU-Nashik

Thanking you,

Encl : As per text.

Copy with enclosure to :, 1. Shri V.K. Sharma CGM (LA & Environment),National Highways Authority of India, 2 nd Floor New DelhiShri Anil Sharma GM(T) Mah. NHAI 5 th Floor New DelhiChief Conservator of Forest cum Nodal Officer (MS) VanBhawan Civil lines Nagpur.Collector Dhule inf. pl.Chief Conservator of Forest DhuleChief Conservator of Forest (WL) old Mumbai Agra road NashikDeputy Conservator of Forest Dhule

L Wilbur Smith Associates DhuleM/s Dhule — Palesner Tollway. Ltd. Km. 233. NH — 3. Mumbai - AgraRoad, Village Pimpal Kheda, Nardana, Dist. Dhule is requested to goahead with Construction / widenin g of road work in forest area as per theprovisions of CA and conditions imposed by MOEF.

Corp. Office : Plot No. G5 & G6 Sector - 10 Dwarka, New Delhi - 110075P i..: 91;11;:?,g4,100/, 074200 Fax : 91 - 11 - 25080360 / 25080460 Ext. 2223 / 2315 1 2463 '::553

Page 2: Appendix II(B) Forest Clearance

F. No. 8-74/2008-FCGovernment of India

Ministry of Environment and Forests(F.C. Division)

Paryavaran Bhawan,CGO Complex., Lodhi Road,

New Delhi - 110 003.Dated: .2_-f January, 2011.

To

Shri Ariil Kumar Sharma,GM(T) - MI I/Goa,National Highways Authority of India,0-5 & 6, Sector-10, Dwarka,New Delhi-110075.

Sub: Diversion of 63.7618 ha of forest land for construction & expansion of existing NH-3, connecting Dhule-M.P., Border in Dhule District in favour of National HighwayAuthority of India, Ministry of Shipping and Transport and Highways, New Delhi.

Ref: Your letter No. NHAI/BOT/11016/17/2008 dated 9.12.2010.

Sir,

With reference to your letter on the subject mentioned above, I am directed to clarifythe intension of the Ministry of Environment & Forests so far as condition at Si. No. 17 isconcerned.

By stipulating the condition at SI. No. 17 while according in-principle approval to theproject, the Central Government provides an opportunity to the CCF(Central), RegionalOffice concerned / the State Forest Department to impose some hitherto unforeseenstipulations, especially, specific to the project and is intended to address the issue ofprotection and improvement of flora and fauna in the forest area. For imposing any additionalcondition which is beyond the scope of the stipulated conditions, as in the instance case -asking for depositing Rs. 25 lakhs for purchase of 5 new vehicles. would require review ofthe Forest Advisory Committee and approval of the Central Government.

It is, therefore, clarified that the ambit of this condition No. 17 is purely technical andis meant to improve the level of protection and improvement of flora and fauna in the forestareas.

Yours faithfully,

(Umakant)Assistant Inspector General of Forests

Telefax: 011-24363974

Copy to:-

1. The Principal Secretary (Forests), Government of Maharashtra, Revenue andForests Department, Mantralaya, Mumbai - 400032.

Page 3: Appendix II(B) Forest Clearance

The Principal Chief Conservator of Forests (Wildlife), Government of Maharashtra,

Nagpur.The Principal Chief Conservator of Forests, Government of Maharashtra, Nagpur.The Nodal Officer, Forest Department, Government of Maharashtra, Nagpur.

c Chief Conservator of Forest, Regional Office, BhopalThe Project Director, N.H.A. of India, (PIO), Saptashrungi Plot No. ASB-43, Ashwini

Nagar, Nashik.Monitoring Cell. Ministry of Environment and ForestsGuard File. ,e/Ak—

akant)Assistant Inspector General of Forests

Page 4: Appendix II(B) Forest Clearance

F. No. 8-74/2008-FCGovernment of India

Ministry of Environment and Forests(F.C. Division)

Paryavaran Bhawan,CGO Complex., Lodhi Road,

New Delhi — 110 003.Dated: 28th January, 2011.

ToThe Principal Secretary (Forests),Government of Maharashtra,Revenue and Forests Department,Mantralaya, Mumbai - 400032.

Sub: Diversion of 63.7618 ha of forest land for construction & expansion of existing NH-3, connecting Dhule-M.P., Border in Dhule District in favour of National HighwayAuthority of India. Ministry of Shipping and Transport and Highways, New Delhi.

Sir,

I am directed to refer to Government of Maharashtra's No. FLD.1608/CR.388/F.10dated 14th July, 2008 on the above mentioned subject, wherein prior approval of the CentralGovernment for the diversion of 63.7618 ha of forest land for construction & expansion ofexisting NH-3, connecting Dhule-M.P., Border in Dhule District in favour of NationalHighway Authority of India, Ministry of Shipping and Transport and Highways, New Delhi;was sought, in accordance with section-2 of the Forest (Conservation) Act, 1980. Aftercareful consideration of the proposal by the Forest Advisory Committee constituted underSection-3 of the said Act, stage-1 approval for the said proposal was granted vide thisMinistry's letter of even number dated 26.08.2010 subject to fulfilment of certain conditions.The State Government has furnished compliance report in respect of the conditions stipulatedin the in-principle approval and has requested the Central Government to grant final approval.

In this connection, I am directed to say that on the basis of the compliance reportfurnished by the Government of Maharashtra vide letter no. FLD-16-8/CR-388/F-10 dated12th January, 2011, approval of the Central Government is hereby granted under section-2 ofthe Forest (Conservation) Act, 1980 for diversion of 63.7618 ha of forest land forconstruction & expansion of existing NH-3, connecting Dhule-M.P., Border in Dhule Districtin favour of National Highway Authority of India. Ministry of Shipping and Transport andHighways, New Delhi, subject to the following conditions:-

The legal status of the forest land shall remain unchanged.Compensatory Afforestation shall be raised and maintained over double the degradedforest land i.e. over 127.54 ha at the cost of the User Agency.Additional amount of the NPV of the diverted forest land. if any, becoming due afterfinalization of the same by the Hon'ble Supreme Court of India on receipt of thereport from the Expert Committee, shall be charged by the State Government fromthe User Agency. The User Agency shall furnish an undertaking to this effect.To avoid accidental deaths of the wild animals under speeding vehicles, the projectauthority shall provide speed limit signage. The speed limit shall be 40 km/hr.besides, ramblers shall be provided at every one km interval.

5. All the funds received from the user agency shall he transferred to Ad-hoc CAMPAin account number 1575 of Corporation Bank, CGO Complex, I.odhi Road. NewDelhi- 110003.

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As recommended by the CCF (WL), a total road length of 20 km in question which ispassing through the proposed eco-sensitive zone of the Aner Wildlife Sanctuary has56 structures, which will provide movement path for the wild animals across the road.All this 56 structures are distributed throughout 20 km length.Trees shall he felled only when it becomes necessary and that too under strictsupervision of State Forest Department, and at the cost of the project.The State Government shall also ensure compliance of the Court Order dated27.04.2005 in W. P. No. 1277 of 2000. The legal issue of any kind in any Court ofLaw shall be the responsibility of the State Government.The User Agency shall provide fuel-wood preferably alternate fuel to the laborersworking at the site to avoid damage / felling of trees.The forest land shall not be used for any purpose other than that specified in theproposal.The user agency will not collect any toll tax from the Forest Department vehicles.The User Agency shall take up strip plantations, wherever possible, along the sides

and central verge of the Highway.No labour camps shall be established on forest land.All other conditions under different Rules, Regulations, Acts including environmentalclearance and provisions of Scheduled Tribes and Other Traditional forest dwellers(Recognition of Forest Rights) Act, 2006 shall be complied with before transfer offorest land.Any other condition that the CCF (Central), Regional Office, Bhopal/the StateForest Department may impose from time to time for protection and improvement offlora and fauna in the forest area, shall also be applicable.

Yours faithfully,

(Umakant)Assistant Inspector General of Forests

Telefax: 011-24363974

Copy to:-

The Principal Chief Conservator of Forests (Wildlife), Government of Maharashtra,Nagpur.The Principal Chief Conservator of Forests, Government of Maharashtra, Nagpur.

3. The Nodal Officer, Forest Department, Government of Maharashtra, Nagpur.4 e Chief Conservator of Forest, Regional Office, Bhopal

The Project Director, N.H.A. of India, (P10), Saptashrungi Plot No. ASB-43, AshwiniNagar, Nashik.Monitoring Cell, Ministry of Environment and ForestsGuard File.

Zj5>,-

„Winakant)Assistant Inspector General of Forests