Government of India

Ministry of Environment, Forest & Climate Change

Regional Office, Gandhinagar

Online Proposal No.: FP/RJ/ROAD/456369/2023 Dated: 17/09/2024

To,

Additional Chief Secretary (Forest)

Subject: Proposal for non-forestry use of 4.225 ha of forest land under Van (Sanrakshan Evam
Samvardhan) Adhiniyam, 1980 in favour of M/s MINISTRY OF ROAD TRANSPORT &
HIGHWAYS for Dungarpur Territorial Division in Forest Division, District DUNGARPUR
(RAJASTHAN)-reg

Sir/Madam,
This is in reference to the online proposal No. FP/RJ/ROAD/456369/2023 dated 22/12/2023 on the
above-mentioned subject seeking prior approval of the Central Government in accordance with section'
2' of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 and to say that the proposal has been
examined by Regional Office, Gandhinagar. After the examination, the undersigned directed to convey
the “In-Principle/Stage-I” approval of the Central Government under section 2 of the Van (Sanrakshan
Evam Samvardhan) Adhiniyam, 1980 for the Proposal for non-forestry use of 4.225 ha of forest land
under Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 in favour of M/s MINISTRY OF ROAD
TRANSPORT & HIGHWAYS for Dungarpur Territorial Division in Forest Division, District
DUNGARPUR (RAJASTHAN) subject to the fulfillment of the following conditions:

1. General Conditions

S. No Conditions

1.1 Legal status of the diverted forest land shall remain unchanged

Compensatory afforestation over the degraded forest land double in extent to the forest land being
diverted shall be raised and maintained by the State Forest Department at the cost of the User
1.2
Agency; Or Compensatory afforestation over the non-forest land equal in extent to the forest land
being diverted shall be raised and maintained by the State Forest Department at the cost of the User

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 S. No Conditions

Agency

The non-forest land identified for raising compensatory afforestation shall be transferred and
1.3
mutated in favour of the State Forest Department before issue of the Stage-II clearance

The non-forest land transferred and mutated in favour of the State Forest Department shall be
notified by the State Government as RF under Section-4 or PF under Section-29 of the Indian Forest
Act, 1927 or under the relevant Section(s) of the local Forest Act, 1927 latest within a period of six
1.4 months from the date of issue of Stage--II approval. The Nodal Officer shall report compliance in
this regard along with a copy of the original notification declaring the non-forest land under Section
4 or Section 29 of the Indian Forest Act, 1927, as the case may be, within the stipulated period to
the Central Government for information and record

The land identified for the purpose of CA shall be clearly depicted on a Survey of India toposheet of
1.5
1:50,000 scale

The User Agency shall transfer the cost of raising and maintaining the compensatory afforestation,
1.6 at the current wage rate, to the State Forest Department. The scheme may include appropriate
provision for anticipated cost increase for works scheduled for subsequent years

The State Government shall charge the Net Present Value (NPV) of the forest land being diverted
under this proposal from the User Agency as per the orders of the Hon’ble Supreme Court of India
1.7
dated 28.03.2008, 24.04.2008 and 09.05.2008 in Writ Petition (Civil) No. 202/1995 and the
guidelines issued by this Ministry vide its letter No. 5-3/2007-FC dated 05.02.2009 in this regard

At the time of payment of the Net Present Value (NPV) at the then prevailing rate, the User Agency
1.8 shall furnish an undertaking to pay the additional amount of NPV, if so determined, as per the final
decision of the Hon’ble Supreme Court of India

All the funds received from the user agency under the project, except the funds realized for
1.9 regeneration/ demarcation of safety zone, shall be transferred to Ad-hoc CAMPA in the Savings
Bank Account pertaining to the State concerned

The User Agency shall obtain the Environment Clearance as per the provisions of the
1.10
Environmental (Protection) Act, 1986, if required

The boundary of the diverted forest land, shall be demarcated on ground at the project cost, by
1.11 erecting four feet high reinforced cement concrete pillars, each inscribed with its serial number,
forward and back bearing and distance from pillar to pillar

The User agency, if required, will undertake comprehensive soil conservation measures in the area
1.12 being diverted at the project cost in consultation with the State Forest Department. A scheme of the
same may be submitted along with the compliance report

1.13 No labour camp shall be established on the forest land

The User Agency shall provide fuels preferably alternate fuels to the labourers and the staff working
1.14
at the site so as to avoid any damage and pressure on the nearby forest areas

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

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 S. No Conditions

The layout plan of the proposal shall not be changed without the prior approval of the Central
1.16
Government

The forest land proposed to be diverted shall under no circumstances be transferred to any other
1.17
agency, department or person without prior approval of the Central Government

1.18 No damage to the flora and fauna of the adjoining area shall be caused

Any tree felling shall be done only when it is unavoidable and that too under strict supervision of
1.19
the State Forest Department

The State Government shall complete settlement of rights, in terms of the Scheduled Tribes and
1.20 Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, if any, on the forest
land to be diverted in accordance with the relevant guidelines issued by the MoEF

The user agency in consultation with the State Government shall create and maintain alternate
habitat/home for the avifauna, whose nesting trees are to be cleared in this project. Bird’s nests
1.21
artificially made out of eco-friendly material shall be used in the area, including forest area and
human settlements, adjoining the forest area being diverted for the project

The User Agency shall submit six monthly self-compliance reports as on 1st January and 1st July of
1.22
every year to this office as well as to the Nodal Officer of the State

The State Government shall monitor compliance of conditions of Forest Clearance and shall submit
1.23
in this regard yearly report as on 31st December of every year

Any other condition that the concerned Regional Office of this Ministry may stipulate, from time to
1.24
time, in the interest of conservation, protection and development of forests & wildlife

The User Agency and the State Government shall ensure compliance to provisions of the all Acts,
1.25
Rules, Regulations and Guidelines, for the time being in force, as applicable to the project

Grant of working permission to the extant proposal may be considered by the State Government in
1.26
accordance with the provisions as contained in the MoEF&CC’s Guidelines dated 28.08.2015

User agency shall restrict the felling of trees to 248 trees/minimum numbers in the diverted
forest land and the trees shall be felled under the strict supervision of the State Forest
1.27
Department and cost of felling of trees shall be deposited by the User Agency with the State
Forest Department.

Compensatory afforestation shall be taken up by the Forest Department over 10.0 ha degraded
forest land, Compartment/ Khasra/Survey No.- Nil, Village- Kaanthal-B, Taluka- Sagwara, District-
1.28
Dungarpur of Rajasthan at the cost of the user agency. As far as possible, a mixture of local
indigenous species shall be planted and mono-culture of any species may be avoided

Compensatory afforestation shall be taken up by the Forest Department over 4.225 ha non forest
land, Compartment/ Khasra/Survey No.- 3522,7286/3522, Village- Balwara, Taluka- Dungarpur,
1.29
District- Dungarpur of Rajasthan at the cost of the user agency. As far as possible, a mixture of local
indigenous species shall be planted and mono-culture of any species may be avoided

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 S. No Conditions

If the proposed area is part/out side of any Wildlife Sanctuary/National Park, user Agency shall be
1.30 obtained Wildlife Clearance from competent authority as per the provisions of the extant, rules and
regulation.

The KML file of the area to be diverted and the CA areas shall be uploaded on the e-Green watch
1.31
portal with all requisite details.

2. Standard conditions

S. No Conditions

The user agency shall arrange to raise strip plantation on either side of the road and central verge at
project cost, as per IRC specification, with maintenance of 7-10 years. The user agency shall also
2.1 submit design of providing at least 2-3 rows of long rotation indigenous trees, as per provision of
IRC-SP-21-2009 (Guidelines on landscaping & tree plantation), on either side of the road before
final clearance.

The reclamation of quarry should be done under the supervision of the State Forest Department. The
2.2
quarry shall be reclaimed and afforested completely before the project is closed.

Overburden shall not be dumped outside the width of the road. The muck generated in the earth
2.3 cuttings will be disposed of at the designated dumping sites and in no case the muck/debris will be
allowed to roll down the hill slopes.

The user agency will provide retaining walls, breast walls and drainage as per requirement to make
2.4
the slope stable.

The User agency will undertake comprehensive soil conservation measures at the project cost in
2.5 consultation with the State Forest Department. A scheme of the same shall be submitted to the
Regional Office along with the Stage-I compliance report;

The designing of culverts/bridges, if any, over the natural streams/rivers/canals should be done in
2.6 such a manner that it does not hamper the natural course of water, does not give rise to water-
logging, and also does not hamper movement of wild animals

3. Specific Conditions

S. No Conditions

The User Agency shall construct underpass of 5-meter height and 4 meter wide at every 500
3.1
meter along the length of the road in forest land for safe passage of the animals

The User Agency shall construct 6 feet high wall along the boundaries of the non-forest land
3.2
proposed for CA and also on DFL land proposed for CA plantation.

3.3 User Agency shall provide at its cost required number of Solar Pumps as given by the Forest

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 S. No Conditions

Department for irrigating the CA plantation

After receipt of compliance report on fulfillment of all of the above conditions from the State Government, proposal will
be considered for final approval under section' 2' of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980. The User
Agency shall take up the work as per the guidelines in force and after ensuring that all necessary clearances for the entire
stretch are in place. Working permission, if any issued, shall be intimated to RO, Gandhinagar. Transfer of forest land
shall not be affected till final approval is granted by the Central Government in this regard.
Further, it may also be noted that this In-principle/Stage-I approval shall be valid for a period of 2 years from the date of
issue of this letter. In the event of non-compliance of the above conditions, this In-principle approval shall be revoked
after two (02) years.

Copy To

1. The Inspector General of Forests (Central), ROHQ Division, Ministry of Environment Forest and Climate Change,
Indira paryavaran Bhawan, Jor Bagh Road, New Delhi- 110003.

2. The PCCF & Nodal Officer, State Forest Department, Government of Rajasthan Aranya Bhawan, Jaipur

3. The Deputy Conservator of Forests Dungarpur, Rajasthan.

4. The concerned User Agency.

Your's faithfully
(Shrawan Kumar Verma)
Regional Officer/Head of Department
Regional Office, Gandhinagar
MoEF&CC, Govt of India

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