Government of India Forests Northern Regional...

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Government of India Ministry of Environment & Forests Northern Regional Office Bays No.24-25, Dakshin Marg Sector-31A, Chandigarh-160030 F.No.: 9-HR319/2013-CHA Dated: June 17,2014 To The Additional Chief Secretary (Forests), Government of Haryana, Department of Forests, Mini Secretariat, Sector-17, Chandigarh Sub: Diversion of 0.3359 hectares of forest in favour of Maruti Suzuki India Ltd. For construction of railway line in passing through Aravalli plantation area of village Kasan in Khasra No. 238, under Forest Division and District Gurgaon, H aryan a. Ref: (i) Government of Haryana letter No. 2908-V-2-2013/ 10253 dated 10.7.2013 (ii) Nodal Officer and CF (FC) letter No. Admn-D-3-50 18/ 1010 dated 11.6.2014 Sir, Please refer to the above cited subject and letters seeking prior approval of the Central Government for diversion of forest land for non-forestry purpose in accordance with section 2 of the Forest (Conservation) Act, 1980. 2. After careful examination of the proposal of the State Government, "in-principle" approval is hereby conveyed for diversion of 0.3359 hectares of forest land for the above mentioned project subject to the following conditions: i. Cost of compensatory afforestation as per CA scheme may be realized from the user agency; 11. 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 5 th February 2009 and Hon'ble Supreme Court of India's Order dated 30 th October 2002, 28 th March, 2008, 24 th April, 2008 and 9 th May 2008; 111. As per the orders of the Government of India vide letter No. 5-2/2010-CAMPA dated 24.06.2011, the Net Present Value (NPV) of the forest land and all other CA levies shall be deposited in State specific CAMPA accounts maintained by the Ad-hoc CAMPA in New Delhi in "HARYANA CAMPA" account No. SB01025209, Corporation Bank (Government of India Undertaking), Block -11, Ground Floor, CGO Complex, Phase-I Lodhi Road, New Delhi-110 003 or "HARYANA CAMPA" Account No. SB 344902010105 418, Union Bank of India, Sunder Nagar, New Delhi and this office may be informed by duly filled in prescribed proforma; IV. All the funds received from the user agency under the project, except the finds realized for regeneration/demarcation of safety zone, shall be transferred to Compensatory Afforestation Fund Management and Planning Authority (CAMPA) in Saving Account pertaining to the State concerned; 3. The following conditions shall also be complied with after the final approval is accorded: i. Legal status of the forest land will remain unchanged; ii. The forest land will not be used for any other purpose than that mentioned in the proposal; lll. The forest land proposed to be diverted shall, under no circumstances, be transferred to any other agency, department, or person without approval of the competent authority;

Transcript of Government of India Forests Northern Regional...

Page 1: Government of India Forests Northern Regional Officenromoef.gov.in/2014new/Haryana_2014/JUNE/STAGE_1/9-HRB319-2013-CHA...Forests, Paryavar:m Bhawan, New Delhi. 2. The Pro Chief Conservator

Government of India Ministry of Environment & Forests

Northern Regional Office Bays No.24-25,

Dakshin Marg Sector-31A, Chandigarh-160030

F.No.: 9-HR319/2013-CHA Dated: June 17,2014

To The Additional Chief Secretary (Forests), Government of Haryana, Department of Forests, Mini Secretariat, Sector-17, Chandigarh

Sub: Diversion of 0.3359 hectares of forest in favour of Maruti Suzuki India Ltd. For construction of railway line in passing through Aravalli plantation area of village Kasan in Khasra No. 238, under Forest Division and District Gurgaon, Haryana.

Ref: (i) Government of Haryana letter No. 2908-V-2-2013/ 10253 dated 10.7.2013 (ii) Nodal Officer and CF (FC) letter No. Admn-D-3-50 18/ 1010 dated 11.6.2014

Sir, Please refer to the above cited subject and letters seeking prior approval of the

Central Government for diversion of forest land for non-forestry purpose in accordance with section 2 of the Forest (Conservation) Act, 1980.

2. After careful examination of the proposal of the State Government, "in-principle" approval is hereby conveyed for diversion of 0.3359 hectares of forest land for the above mentioned project subject to the following conditions: i. Cost of compensatory afforestation as per CA scheme may be realized from the user

agency; 11. 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 5 th February 2009 and Hon'ble Supreme Court of India's Order dated 30th October 2002, 28 th March, 2008, 24 th April, 2008 and 9 th May 2008;

111. As per the orders of the Government of India vide letter No. 5-2/2010-CAMPA dated 24.06.2011, the Net Present Value (NPV) of the forest land and all other CA levies shall be deposited in State specific CAMPA accounts maintained by the Ad-hoc CAMPA in New Delhi in "HARYANA CAMPA" account No. SB01025209, Corporation Bank (Government of India Undertaking), Block -11, Ground Floor, CGO Complex, Phase-I Lodhi Road, New Delhi-110 003 or "HARYANA CAMPA" Account No. SB 344902010105 418, Union Bank of India, Sunder Nagar, New Delhi and this office may be informed by duly filled in prescribed proforma;

IV. All the funds received from the user agency under the project, except the finds realized for regeneration/demarcation of safety zone, shall be transferred to Compensatory Afforestation Fund Management and Planning Authority (CAMPA) in Saving Account pertaining to the State concerned;

3. The following conditions shall also be complied with after the final approval is

accorded: i. Legal status of the forest land will remain unchanged; ii. The forest land will not be used for any other purpose than that mentioned in the

proposal; lll. The forest land proposed to be diverted shall, under no circumstances, be

transferred to any other agency, department, or person without approval of the competent authority;

Page 2: Government of India Forests Northern Regional Officenromoef.gov.in/2014new/Haryana_2014/JUNE/STAGE_1/9-HRB319-2013-CHA...Forests, Paryavar:m Bhawan, New Delhi. 2. The Pro Chief Conservator

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IV. The layout plan of the proposal shaJ not be changed without the prior approval of the Central Government;

v. No damag~ will be done to the adjobing forest land; vi. No labour camp shctll be established on the forest land; vii. Compensc..tory afforestation will be dO:le within one year from the date of issue of final

approval over the extent of land a~ c..pproved, out of the funds provided by the user agency;

Vlll. The user agency shall pay additioral amount of NPV as and when increased on the order of H.:m'ble Supreme Court;

lX. The user agency shall carry out m'_lck disposal at pre-designated sites in such a manne::­ so as to avoid its roJbg down and should be taken up as per the scheme approved by the Forest Deprtment;

x. The required soil conservation meEsures should be taken up by the user agency for which fund should be provided as r:er the current rate of works;

Xl. The User Agency shall provide fire\\'Ooo preferably alternate fuels to the labourers and the staff vlOrking at the site so as to avoid any damage and pressure on the nearby forest areas;

XlI. The boundary of the forest land be:ng diverted shall be demarcated on ground at the project cost, using four feet high RCC pillars, each pillar inscribed with the serial number, DGPS coordinates, forwar:i and backward bearings and distance from pillar to pillar ere.;

Xl11. The User Agency shall ensure tha~ because of this project, no damage is caused to the flora and the wildlife available in the area;

XIV. The user agency will assist the State Government in conservation and preservation of flora and faun3. ·:Jf the area in accordance with the plan prepared by the Chief Wildlife Warden of the State.

xv. Any other condition that this RegiCll1~ Office may stipulate, from time to time, in the interest of conservation, protection and development of forests & wildlife;

XVI. The User agency shall submit the annual self compliance report in respect of the above conditions to the State Govemoent and to the concerned Regional Office of the Ministry r~gularly;

XV11. It will be :he responsibility of the Sta:e Government/User Agency to obtain all other prior approvals / clearances under all other relevant Acts / Rules / Court's Rulings/instructions, etc., including ~nvironmental clearance, as applicable to this proposal.

XVlll. The State Government shall complete settlement of rights, in terms of the Scheduled Tribes and Traditional Forest Dwell~rs (Recognition of Forest Rights) Act, 2006, if any, on the for~st land to be diverted and submit the documentary evidence as prescribed by this Ministry in it's letter No. 11-'?' /'1998-FC (pt) dated 3rd August 2009 read with letter No. 11-9/98-FC(pt.) dated 5th February 2013, in support thereof;

4. After rece~pt of the compliance rer:0rt on fulfillment of the conditions under para-2 above, the proposal shall be considered fClr :he final approval under Section-2 of the Forest (Conservation) A:t, 1980. The use of forEst land will not be allowed till final approval is accorded and environmental clearance, if any applicable, is obtained.

Yours f1-llY, (~Singh)

1/ c Addl. Pr. Chief Conservator of Forests (Central)

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Copy to:­1. The ADGF (FC), Ministry of Environment & Forests, Paryavar:m Bhawan, New Delhi. 2. The Pro Chief Conservator of Forests, Haryana Forest Department, Van Bhawan,

Sector-6, Panchkula, Haryana. 3. Nodal Officer-cum CF (FC), Government c,f Haryana, Forest Department, Sector-6,

Van Bhawan, Panchkula, Haryana. 13400;1 4. The Divisional Forest Officer, Forest Divisi'D. and District Gurgaon, Haryana. 5. Mis Maruti Suzuki India Ltd.Palam-Gurgc..cn Road, Gurgaon, Haryana