28 Agenda – 6 File No. 8-23/2013-FC 1. The State Government of Odisha vide their letter dated 07.03.2013 submitted a proposal to obtain prior approval of the Central Government, in terms of the Section-2 of the Forest (Conservation) Act, 1980 for diversion of 323.09 hectares of forest land (273.68 hectares within the Dulanga cola block and 49.41 hectares of forest land outside the coal block) including 4.94 hecatres of forest land coming within the safety zone area in Dulanga Coal Mining Projects spreads over Revenue villages of Dulanga, Majhapara, Manoharpur, Kathafali, Beldihi, Khuntijharia and Khapurikachhar and Dhanuardihi RF, Giripahad RF and Satparlia RF in IB valley coalfields Ltd. in favour of M/s National Thermal Power Corporation Ltd. in Sundargarh Forest Division of Sundergarh District, Odisha. 2. Details indicated in the proposal submitted by the Government of Odisha are as below: FACT SHEET 1. Name of the Proposal Diversion of 323.09 hectares of forest land (273.68 hectares within the Dulanga cola block and 49.41 hectares of forest land outside the coal block) including 4.94 hecatres of forest land coming within the safety zone area in Dulanga Coal Mining Projects spreads over Revenue villages of Dulanga, Majhapara, Manoharpur, Kathafali, Beldihi, Khuntijharia and Khapurikachhar and Dhanuardihi RF, Giripahad RF and Satparlia RF in IB valley coalfields Ltd. in favour of M/s National Thermal Power Corporation Ltd. in Sundargarh Forest Division of Sundergarh District, Odisha. 2 Location: State Odisha. District Sundargarh 3. Particular of Forests i Name of Forest Division Sundargarh Forest Division. ii Area of Forest land for Diversion 323.09 hectares (including 4.94 ha. of safety zone area) iii Legal Status of Forest land (A) Reserve Forest 1. Dhanwardihi RF: 12.95 ha. 2. Giripahad RF: 09.11ha. 3. Satparlia RF: 0.70 ha Sub- Total: 22.76 ha.
Transcript
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Agenda – 6
File No. 8-23/2013-FC
1. The State Government of Odisha vide their letter dated 07.03.2013 submitted a proposal to obtain prior approval of the Central Government, in terms of the Section-2 of the Forest (Conservation) Act, 1980 for diversion of 323.09 hectares of forest land (273.68 hectares within the Dulanga cola block and 49.41 hectares of forest land outside the coal block) including 4.94 hecatres of forest land coming within the safety zone area in Dulanga Coal Mining Projects spreads over Revenue villages of Dulanga, Majhapara, Manoharpur, Kathafali, Beldihi, Khuntijharia and Khapurikachhar and Dhanuardihi RF, Giripahad RF and Satparlia RF in IB valley coalfields Ltd. in favour of M/s National Thermal Power Corporation Ltd. in Sundargarh Forest Division of Sundergarh District, Odisha.
2. Details indicated in the proposal submitted by the Government of Odisha are as below:
FACT SHEET
1. Name of the Proposal Diversion of 323.09 hectares of forest land (273.68 hectares within the Dulanga cola block and 49.41 hectares of forest land outside the coal block) including 4.94 hecatres of forest land coming within the safety zone area in Dulanga Coal Mining Projects spreads over Revenue villages of Dulanga, Majhapara, Manoharpur, Kathafali, Beldihi, Khuntijharia and Khapurikachhar and Dhanuardihi RF, Giripahad RF and Satparlia RF in IB valley coalfields Ltd. in favour of M/s National Thermal Power Corporation Ltd. in Sundargarh Forest Division of Sundergarh District, Odisha.
2 Location:
State Odisha.
District Sundargarh
3. Particular of Forests
i Name of Forest Division Sundargarh Forest Division.
ii Area of Forest land for Diversion
323.09 hectares (including 4.94 ha. of safety zone area)
iii Legal Status of Forest land (A) Reserve Forest
1. Dhanwardihi RF: 12.95 ha.
2. Giripahad RF: 09.11ha.
3. Satparlia RF: 0.70 ha
Sub- Total: 22.76 ha.
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(B) Revenue Forest: 298.77 ha.
(C) DLC forest: 1.56 ha.
Total forest area: 323.09 hectares (including 4.94 ha. of safety zone area)
iv Density of Vegetation Reserve forest : 0.50, Revenue forest: 0.30 , Average: 0.40
v Species-wise and diameter class wise enumeration of trees
The mining lease area is having mainly moist deciduous species like Sal (Shorea robusta), Asan (Terminalia tomentosa), Char (Buchanania lanzan), Bija (Pterocarps marsupium), Gambhar (Gmelina arborea), Duaura (Anogeissus latifolia), Kendu (Diospyros melanoxylon), Amla (Emblica officinalis) Bahada (Terminalis belerica), Harida (Termunalia chebula) etc.
Sample enumeration over 36.355 ha of forest land spread over 16 sample plots, 7235 no, of trees have been enumerated. By extrapolating the figures over total extent of forest land 318.15 ha (323.09 ha -4.9ha for safety zone) within and outside the lease, the number of trees above 30cm girth required to be felled for the project comes to 55,800 approximately.
4. Vulnerability of area to vegetation
Not susceptible to erosion.
5 Approximate distance of proposed site for diversion from boundary of forest
Giripahad RF: 0.00 Km
Satparlia RF: 0.00 Km
Makarchata RF: 0.00 Km
Kalamegha RF: 1.75 Km
Hundarkhol RF:1.10 Km
Chhengapahar RF: 2.00 Km
6. Whether forms part of National Park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant Corridor etc. (if so, the details of the area the comments of the Chief Wildlife Warden to be annexed)
Does not form part of corridor of Elephants, no wildlife sanctuary or national park nor any biosphere reserve and tiger reserve. Occasional movement of Elephants is seen.
7. Whether any rare/ endangered/ unique species of flora and fauna found in
No.
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the area if so, details thereof
8. Whether any protected archaeological/ heritage site/
defence establishment or any other important monument is located in the area. If so, the
details thereof with NOC from competent authority, if
required
No.
9. Whether the requirement of forest land as proposed by
the User Agency in col.2 of
Part-I is unavoidable and bare minimum for the project.
If no, recommended area item-wise with details of
alternatives examined
The requirement of forest land proposed for diversion is essential, inevitable and bare
minimum.
10.
Whether any work in
violation of the Act has been carried out (Yes/ No). If yes,
details of the same including period of work done, action taken on erring officials. Whether work in violation is
still under progress
No violation.
11. Details of Compensatory Afforestation Scheme:
Considering the fact that the project proponent i.e. NTPC Limited, is a Central Government Undertaking project, degraded Revenue forest
land twice the extent of forest land proposed to be
used for mining and other allied activities by the user agency i.e. 318.15 ha (323.09 ha -4.9 ha for
safety zone ) X2 =636.30ha. has been indentified out of 667.86 ha spread over nine villages of
Amasdegi, Niapali, Rupabahal, Kepse, Chotbanga, Raibaga, Rajbahal, Baladabandha, Bandega and in Sikajore RF in Sundargarh district as per provision at para 3.2.(ix)(a) of the consolidated guidelines of
Forest Conservation Act, 1980, for the purpose of
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raising Compensatory afforestation therein.
Land schedule for degraded forest land duly
authenticated by the concerned Tehsildars of Sundargarh Sadar, Tangarpali and Lephripara of Sundargarh district along with DFO, Sundargarh is
given in the proposal. The field notes indicating pillar position for the area identified for
compensatory afforestation. The Tehsildars have furnished the certificates for non-encroachment and non-encumbrances pertaining to land identified for compensatory afforestation. The
DFO, Sundargarh has furnished suitability
certificate for the land identified for compensatory afforestation. The DFO, Sundargarh has prepared a site specific Compensatory afforestation scheme including both block and ANR mode of plantation
with an approved cost of Rs. 3,59,94,000/- as per current wage rate of Rs. 150/- per Monday. The
scheme has provisions for Block plantation over 226ha and ANR mode of plantation over the
remaining 410.30ha. The scheme intends to have
plantation of indigenous species like Teak, Karanja, Simaruba, Neem, Bija, Amla, Bahada, Harida,
Pahadi Sisoo, Chakunda, Gambhar, Mahua, Asan and Bamboo. The scheme also includes cost of
maintenance of seven years and vegetative fencing over 10000 mts. The CCF (Forest Diversion) &
Nodal Officer, FC Act, O/O Pr. CCF, Odisha has
accorded technical approval to the CA scheme. The copy of CA scheme is enclosed. The User agency
has furnished an undertaking to bear the cost of CA scheme
12. Recommendation
DFO The requirement of forest land for setting up of Coal Mining Project of NTPC is essential, inevitable and bare minimum.
Hence, recommended for approval of diversion of forest land in favour of NTPC Limited.
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Regional CCF Recommended for diversion of 323.09 hecatres of forest land
PCCF Recommended for diversion of 273.68 hectares of forest land which has been acquired under the Coal Bearing Acquisition Act for coal mining, surface dumping and other ancillary activities under Sundargarh Forest Division in Sundargarh District in favour of National Thermal Power Corporation Ltd.
49.41 hecatres of forest land applied beyond the Coal Bearing Acquisition area for surface dumping and other ancillary activities is not recommended.
State Govt. Recommended for diversion of 323.09 hectares of forest land (273.68 hectares within the Dulanga cola block and 49.41 hectares of forest land outside the coal block) including 4.94 hecatres of forest land coming within the safety zone area in Dulanga Coal Mining Projects spreads over Revenue villages of Dulanga, Majhapara, Manoharpur, Kathafali, Beldihi, Khuntijharia and Khapurikachhar and Dhanuardihi RF, Giripahad RF and Satparlia RF in IB valley coalfields Ltd. in favour of M/s National Thermal Power Corporation Ltd. in Sundargarh Forest Division of Sundergarh District, Odisha
3. The State Government has furnished the following additional information on the project as bellow:-
(i) National Thermal Power Corporation (NTPC), Ltd one of the Central Government
Undertaking is having the accolade of being the MAHARATNA for its excellent
performance and potential in the field of power generation in India and abroad.
The Memorandum of Association and Article of Association of the Company is at
page 250-305 /DP. The Company was set up in 1975 to augment power generation
in the country. NTPC Ltd. has installed capacity of 34,854 MW (including JVs) that
accounts for about 1/3 of total power generation of the country. It has 15 coal based
power stations and 7 gas based power stations located at various location of the .
Besides these, it also, operations 5 coal based power stations and other
Naptha/LNG fuelled Power Station in Joint venture. Anticipating the increasing
trend of power requirement in the country, the Company intends to generate
70,000 MW by the year 2017. Barring power generation, the Company has also
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ventured into other sector such as Hydro power, coal mining, power equipment
manufacturing, oil & gas exploration, power trading & distribution etc. The share
of NTPC Ltd. as on 31st March, 2010 in the total installed capacity of the country
was 18.1 % and its contribution to the total power generation has been 28.6% of the
country. The region wise power generating capacity of the NTPC Ltd. is given at
page 5/DP .Major portion of the proposed capacity addition is planned for
implementation by using coal as the fuel. In order to produce affordable power and
also to augment the existing available supply of coal, NTPC has ventured into coal
mining.
(ii) On the application of this Central Government Undertaking. i.e. M/s NTPC Ltd. for
acquiring coal block in the country for generation of thermal power through their
power stations, the Govt. of India, Ministry of Coal vide their Notification No.
13016/29/2033–C.A.-I dt. 25.1.2006 have allocated four number of coal blocks in
the country including Dulanga coal block in Odisha in its favour as per provisions
in Section 3(3) (a) (iii) of the coal Mines (Nationalization) Act, 1973 subject to
conditions prescribed therein. NTPC Ltd. intends to use coal resources to be
produced from this coal block in part in their proposed Darlipli Thermal Power
Station in Sundergarh district of Odisha. The forest diversion proposal for 13.65 ha
of forest land for this Thermal Power Station Project of the project proponent has
already been recommended by the State Government to the Eastern Regional Office
of MoEF vides letter No. 24374/E&F dt. 29.12.2012 for consideration under Forest
Conservation Act, 1980 .Detailed exploration of coal in Dulanga coal was taken up
by the Directorate of Geology, Odisha at the instance of CMPDIL, Ranchi that finds
the block area to be 6.57 Sq. . Km and entire area is coal bearing. It is ascertained
that the Ministry of Coal, Government of India vide their Notification No. 2376 dt.
21.8.2007 issued under Sub-section (1) of Section 4 of the Coal Bearing Areas
(Acquisition & Development), 1957, had intended to prospect for coal in 656.14 ha
of Dulanga coal mining block. Thereafter upon receipt of prospecting report, the
Ministry of Coal vide their Notification S.O. No. 365 dt.. 3.2.2009 issued under Sub-
Section 1 of Coal Bearing Areas (Acquisition & Development), 1957 intended to
acquire the land measuring 656.14ha. for coal mining by M/s NTPC Ltd.
Subsequently, the Government of India, Ministry of Coal vide its Notification No.
S.O. 1892 dt. 27.7.2010, issued under Sub-Section of 1 of Section of 9 of Coal Bearing
Areas (Acquisition & Development), 1957 acquired 654.06 ha. of land along with all
rights thereof for coal mining by M/s NTPC Ltd. It is ascertained from the part-I of
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the application form as well as from page II-4 of approved Mining Plan that coal
block area of NTPC Ltd. was reduced to 654.11ha. from the earlier
prospected/surveyed area of 657ha. due to interference of the proposed north
western boundary of lease boundary with that of the lease boundary of Odisha
Power Generation Corporation Ltd. pertaining to their Notification S.O. No. 2821
dt. 8.11.2010 issued under Sub-Section 1 of Section 11 Coal Bearing Areas
(Acquisition & Development), 1957 vested all rights with M/s NTPC Ltd. subject t
fulfillment of conditions prescribed therein.
(iii) It is further mentioned that Dulanga coal block was included as the NO-GO AREA
by the Ministry of Environment & Forest for exceeding the norms of Gross Forest
Cover (GFC) and Weighted Forest Cover (WFC). However, owing to the
presentation made by the NTPC Ltd before the MoEF, an area of approximately
86.87 ha. comprising of 13% of coal block was kept out of the scope of mining in
this coal block thereby reducing the effective coal mining area in the block 567.19
ha (654.06 ha -86.87ha ). This extent of land within the coal block is proposed to be
used by NTPC Ltd.
(iv) The State Government in Steel & Mines Department have also notified on
30.12.2010 the above mentioned Notification of Government of India, dt.
8.11.2010.The IPICOL have also appraised the requirement of land for this project
vide their letter to IDCO dt. 18.11.2010. The State Government in Steel & Mines
Department have also asked the user agency to file the land acquisition proposal
concerning private land for the project for administrative approval through IDCO.
Land schedule duly authenticated by the Tehsildar, Hemgir puts the extent of land
within the coal block to be 567.19ha.
(v) Beside the area coming under the Dulanga coal block, the user agency has also
proposed to use another 216.52 ha of land outside the coal block to be acquired
under the Land Acquisition Act for the purpose of having ancillary facilities for
mining operation. 216.52 ha. of land located outside the Dulanga coal block
includes 49.41 ha of forest land Satparlia RF0.70ha+48.71 ha of revenue forest land
in villages of Dulanga (0.36ha), Majhapada (13.77ha.) and Khapurikachhar
(34.58ha) , private land of 144.09 ha and Government non-forest land of 43.02ha
(vi) Thus total extent of land involved in this Mining project in Phase-I is 783.71 ha.
Including 567.19 ha. within Dulanga Coal mining block and remaining 216.52ha
outside the coal block. Out of the 783.71 ha of land required for the project, 323.09
ha is forest land 149.62 ha is Government non-forest land and remaining 311.00 ha
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is private non-forest land 323.09 ha of forest land include 273.68 ha of land within
the coal block and 49.41 ha outside the coal block. Kisam wise forest land in the
project in 22.76 ha of Reserved Forest land Dhanwardihi RF 12.95 ha + Giripahad
RF 9.11ha +Satparlia RF 0.70 ha), 298.77 ha of Revenue Forest land spread over six
revenue villages (Dulanga 23.02 ha + Beldihi 153.38 ha + Majhapda 20.24 ha +
Khuntijharia 12.60 ha + Kathafali 48.89 ha + Manoharpur 6.06 ha Khapurikachhar
34.58 ha ) and DLC forest land 1.56 ha.
(vii) The net extractable reserve or coal has been estimated to be 152.03 Million tonnes.
Considering the average annual production of 7.0 Million tones the anticipated life
of the mine will be about 24 years. Revised Mining Plan with final Mines Closure
Plan has been approved by the Ministry of Coal, Government of India for this coal
block vide their letter No. 13016/27/2012 –CA –I dt 19.8.2012. The proposed lease
area has been delineated in Topo-sheet No. 64N/12 ,64N/16, O/9 and 64O/13 and
bounded by latitude 21degree -55’-37” to 21 degree -56’-43” North and longitude
83degree -47’-28” to 83degree-49’-05” East, The proposed lease area does not fall
within any National park/Wildlife sanctuary / Biosphere Reserve/Elephant
Corridor/Tiger Reserve. No archaeological monument or protected defense
establishment is located inside the applied area. No rare/endangered/unique
species of flora and fauna found in the area. Occasional movement of elephants is
seen in the area.
(viii) The total cost of the project is Rs.67215.45 lakhs. This Project will generate direct
employment opportunity for 1278 persons and nearly 12000 persons of locality will
be benefited indirectly in course of execution of the project.
(ix) The user Agency has furnished the following maps:
DESCRIPTIONS SCALE
Location plan of Dulanga coal Mining Project 1:50000
Topo sheet showing location of Dulanga Coal Block and outside area required for Mining related activities.
1:50000
Merged Cadastral Map showing the Dulanga coal block Area
16”=1Mile
Merged Cadastral Map showing outside side area required for OB dump & other infrastructure (outside coal block area)
16”=1Mile
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Map showing Dhanurdihi RF area (12.95 Ha) required for Dulanga coal mining project
16”=1Mile
Map showing Satparlia RF area (0.70 Ha) required for Dulanga coal mining project
16”=1Mile
Consolidated Autocad Map of the Project area showing land details
16”=1Mile
Proposed land use plan within Project area showing land details
1:8000
Proposed land use plan within project area showing purpose wise breakup of land
1:8000
Safely Zone Map 1:8000
Reclamation Plan 1:10000
Plan Showing Compensatory Afforestation area 16”=1Mile
Geo-referenced map of forest area proposed for diversion & its Soft Copy
16”=1Mile
(x) Total extent of land involve in this Mining project in Phase-I is 7837ha. including
567.19 ha . within the Dulanga Coal mining block and remaining 216.52 ha. outside the coal block. Out of the 783.71 ha. of land required for the project, 523.09 ha is forest land, 149.62 ha is Government non-forest land and remaining 311.00 ha is private non-forest land 323.09 ha of forest land includes 273.68 ha of land within the coal block and 49.41 ha outside the coal block. Forest land of 323.09 ha in the project includes 22.76 ha of Reserved Forest land (Dhanwardihi RF 12.95 ha + Giripahad RF 9.11 + Satparlia RF 0.70ha), 298.77 ha of Revenue Forest land spread over six revenue villages (Dulanga 23.02 ha + Beldihi 153.38 ha + Majhapada 20.24 ha + Khutijharia 12.60 ha +Kathapfali 48.89 ha + Manoharpur 6.06ha. Khapurikachhar 34.58 ha ) and DLC forest land 1.56 ha . Forest land of 323.09 ha. also includes 4.94 ha forest land coming within the safety zone comprising of 0.99 ha within the Dulanga coal and remaining 3.95 ha . outside the coal block The total Coal Bearing Area (CBA) and Non-CBA wise land use pattern proposed by the project proponent is as under.
11 Safety Zone 0.99 3.95 4.94 1.29 5.18 6.47 11.41 Total 273.68 49.41 323.09 293.51 167.11 460.62 783.71
(xi) As Indicated in the approved Mining Plan, taking into account the topography and drainage pattern of the lease area, existing draining pattern constituting Garia nala, Baidhara Nala and Nala –B along with streamlets within the proposed lease area need to be directed as this has and important beating over the proposed activities of minerals excavation and allied activities within the coal block to ensure unabated and safe mining during the life of the mine . The water sources of these nalas provide drinking water and facilitate life sustenance of local population. Garia nala is planned to be diverted away from the N.E boundary and along the NE boundary of the block in consultation with adjacent Manoharpur coal block of OPGC Ltd. Similarly Baidhara Nala and Nala –B are planned to be diverted through the channel dug along the S-W and N-W boundary adjoining Manoharpur block of OPGC and ultimately the these two nalas shall also discharge their load in the NW boundary of the block with Garia Nala. For diversion of these Nalas and construction of embankments along both sides of diverted nala together with diversion of village road alongside the block boundary, the user agency has proposed for diversion of 9.82 ha of forest land (1.94 ha for diversion of village road ,4.02ha for construction of embankments along the diverted nala and 3.86 ha for diversion of Garia nala) with a view to facilitate provisions of drinking water and other facilities like road communication to the local population. This extent of 9.82 ha of forest land includes 7.27 ha of forest land within the coal block and remaining 2.55 ha. outside the coal block. Design of the embankment to be constructed along both sides of the nala is to be finalized by the competent technical authority for implementation at project cost. Besides, plantation of suitable species shall also be taken up by the lessee along the diverted village road as well as the embankment of the diverted Garia at their cost in consultation with the Divisional Forest Officer, Sundergarh.
(xii) The mining lease area is having mainly moist deciduous species like Sal (Shorea robusta), Asan (Terminalia tomentosa), Char (Buchanania lanzan), Bija (Pterocarps
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marsupium), Gambhar (Gmelina arborea), Duaura (Anogeissus latifolia), Kendu (Diospyros melanoxylon), Amla (Emblica officinalis) Bahada (Terminalis belerica), Harida (Termunalia chebula) etc. Similarly, faunal species noticed in the area are, Hyena (Hyaena hyaena), Wild boar (Sus scrofa), Bear (Milursus urcinus) Barking Deer (Muntiacus muntjak), Money (Presbytis entellus) Common reptiles, Elephants are also occasionally seen.
(xiii) As reported by the DFO, Sundergarh and RCCF, Rourkela the area does not form part of corridors for elephants nor this is part of any Protected Area. Occasional movement of elephants has however, been reported. Therefore in order to protect, preserve and regenerate the floral and faunal species available within the leasehold area and around, the User Agency in required to implement a Site specific Conservation Plan in their leasehold area as well as the its impacts area as per the guideline of Chief Wildlife Warden, Odisha at the project cost. Besides this, the user agency is also required to contribute towards the proportionate cost of wildlife management plan on ML area basis as per revised rate fixed by the State Government .
(xiv) Sample enumeration over 36.355 ha of forest land spread over 16 sample plots, 7235 no, of trees have been enumerated. By extrapolating the figures over total extent of forest land 318.15 ha (323.09 ha -4.9ha for safety zone) within and outside the lease, the number of trees above 30cm girth required to be felled for the project comes to 55,800 approximately. The details of tree enumeration report along with its abstract duly authenticated by the DFO, Sundergarh is given in the proposal. The density of forest growth over RF land is reported to be 0.5 and in the Revenue forest land to be 0.3. Thus average density of forest growth over the forest area proposed for diversion is 0.4. Felling of trees both within the coal block and outside, shall be undertaken in phases taking into account the absolute necessity for felling of trees bases on the requirement for scientific mining as per approved Mining Plan with due permission of DFO, Sundergarh.
(xv) Considering the fact that the project proponent i.e. NTPC Limited, is a Central Government Undertaking project, degraded Revenue forest land twice the extent of forest land proposed to be used for mining and other allied activities by the user agency i.e. 318.15 ha (323.09 ha -4.9 ha for safety zone ) X2 =636.30ha. has been indentified out of 667.86 ha spread over nine villages of Amasdegi, Niapali, Rupabahal, Kepse, Chotbanga, Raibaga, Rajbahal, Baladabandha, Bandega and in Sikajore RF in Sundargarh district as per provision at para 3.2.(ix)(a) of the consolidated guidelines of Forest Conservation Act, 1980, for the purpose of raising Compensatory afforestation therein. Details of the identified degraded forest land for compensatory afforestation is as under.
SI. No.
Name of Village/ Reserved Forest
Kissam of forest land identified
Extent of Area identified (Ha.)
Effective Area (Ha.)
1. Amasdegi Jungle 54.38 50.00
2. Nialipali Patra Jungle/ Sal 104.63 100.00
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Jungle
3. Rupabahal Sal Jungle 103.04 50.00
4. Kepse Patra Jungle 19.06 15.00
5. Raibaga Jungle 26.08 25.00
6. Chotbanga Jhu Jungle/ Gramya Jungle
30.66 28.00
7. Rajbahal Gramya Jungle/ Patra Jungle
75.36 70.30
8. Baladbandha Gramya Jungle/ Patra Jungle
64.18 60.00
9. Bandega Jungle 20.00 18.00
10. Sikajore RF Reserved Forest 220.47 220.00
TOTAL 717.86 636.30
(xvi) Land schedule for degraded forest land duly authenticated by the concerned Tehsildars of Sundargarh Sadar, Tangarpali and Lephripara of Sundargarh district along with DFO, Sundargarh is given in the proposal. The field notes indicating pillar position for the area identified for compensatory afforestation. The Tehsildars have furnished the certificates for non-encroachment and non-encumbrances pertaining to land identified for compensatory afforestation. The DFO, Sundargarh has furnished suitability certificate for the land identified for compensatory afforestation. The DFO, Sundargarh has prepared a site specific Compensatory afforestation scheme including both block and ANR mode of plantation with an approved cost of Rs. 3,59,94,000/- as per current wage rate of Rs. 150/- per Monday. The scheme has provisions for Block plantation over 226ha and ANR mode of plantation over the remaining 410.30ha. The scheme intends to have plantation of indigenous species like Teak, Karanja, Simaruba, Neem, Bija, Amla, Bahada, Harida, Pahadi Sisoo, Chakunda, Gambhar, Mahua, asan and Bamboo. The scheme also includes cost of maintenance of seven years and vegetative fencing over 10000 mts. The CCF(Forest Diversion)&Nodal Officer, FC Act, O/O Pr. CCF, Odisha has accorded technical approval to the CA scheme. The copy of CA scheme is enclosed. The User agency has furnished an undertaking to bear the cost of CA scheme.
(xvii) An area of 11.41ha of land including 4.9ha of forest land and 2.85ha of Government non-forest land and private land 3.62ha has been proposed to be maintained as Safety zone for this project at a width of 7.5 mts all around the ML boundary. Forest land of 4.94ha in the safety zone includes 0.99ha within the coal block and 3.95ha outside the coal block. Similarly 6.47ha of non-forest Government/Private land in the safety zone includes 1.29ha within the coal block area and 5.18ha in outside the coal block area. Year-wise plantation programme is enclosed in the
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proposal. The user agency has also undertaken for fencing, protection and maintenance of safety zone is enclosed. Besides this, the user agency is also required to undertake afforestation over an area of 1.5 times the area used in safety zone over degraded forest land elsewhere.
(xviii) As reported, Govt. of India, Ministry of Environment & Forests vide letter No.J-11015-1140/2007-IA-II(M) dated 17.1.2008 have prescribed Terms of References (ToR) for considering accordance of environmental clearance to this project. State Pollution Control Board, Odisha has also conducted Public hearing for this project on 2.7.2010. The Expert Appraisal Committee of MoEF, Government of India vide their letter J-11015/1140/2007-IA.II (M) dt. 21.3.2012 to the user agency has reported to have recommended this project for according environmental clearance. Project activities shall therefore be subject to availability of valid environmental clearance of MoEF, Government of India and Consent to Operate by State Pollution Control Board, Odisha under Air and Water Act.
(xix) The user agency has furnished Solid Waste Management and Lana Reclamation Plan for Dulnga Coal Mining Project. The plan includes top soil management, overburden management, land reclamation of the worked out pits by back filling with mine waste materials, plantation and soil conservation measures etc. The scheme for Solid Waste Management and Land Reclamation is to be implemented at project cost.
(xx) Total loss evaluated for the project is Rs. 2918.90 lakhs where as total benefit notwithstanding the loss on account of project comes to Rs. 46575.87 lakhs. Therefore Cost Benefit Analysis for the project has been derived in the ratio of 1:15.96.
(xxi) As per the draft R&R Plan prepared for this project, this project involves likely displacement of 1036 no. of persons including 525 persons belonging to other backward class like Scheduled Caste/Scheduled Tribe. The Draft R&R Plan prepared by the User Agency in accordance with R&R Policy, 2006 of Govt. of Odisha is enclosed. The Draft R&R plan upon being duly approved by the Rehabilitation and Periphery Development Advisory Committee (RPDAC) shall be implemented at project cost before any displacement of human habitation is affected.
(xxii) The mining plan with final Mines closure plan for open cast mining has been prepared basing on the Geological report prepared by the Directorate of Geology, Government of Odisha. This mining plan has been duly approved by the Ministry of Coal and Mines vide their letter No. 13016/27/200512-CA-I Dt. 14.8.2012. Net extractable reserve of coal has been the anticipated life of the mine will be about 24 years.
(xxiii) Under receipt of the Govt. of India, MoEF circular vide F. No. 11-9/1998-FC (pt.) dated 3.8.2009 in the matter of ensuring compliance to the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 while processing a forest diversion proposal, the State
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Government vide their letter No. 17593 dt. 24.10.2009 had asked all the Collectors, who are the chairpersons of the District Level Committee constituted under Section 6(5) of the Forest Rights Act, 2006 to submit the relevant certificates appended with required evidences whenever any User Agency applies for diversion of forest land for projects under Forest Conservation Act, 1980 along with the two other documents of the concerned Gram Sabhas as per specification given in Govt. of India, MoEF circular referred to above.
(xxiv) Since the instant forest diversion proposal has been filed for diversion of 323.09ha of forest land for Dulanga coal mining project including 49.41ha of land located outside the coal block, the Collector, Sundargarh has informed that complete process for diversion and settlement of rights under the scheduled Tribes & Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is being carried out for the entire area of 323.09ha of forest land involved in the project. In support of this, he has furnished the following certificates/documents pertaining to the forest land proposed for diversion:
(a) Certificate on five items duly signed by the Collector, Sundargarh pertaining to 255.19ha in villages of Khuntijharia, Majhapada, Beldihi, Dulinga and Khapurikchhar of Sanghumunda GP and 67.90ha in villages of Kathafali and Manoharpur of Durubaga GP for Dulanga Coal block
(b) Resolution passed by the Palli Sabha of Beldihi held on 14.11.2011, Palli Sabha of Majhapada passed by the Palli Sabha of Dulinga held on 17.11.2011, Palli Sabha of Kathafali village held on 30.9.2011, Palli Sabha of Khuntijharia village held on 4.11.2011, Palli Sabha Manoharpur held on 14.12.2011, Palli Sabha of Khapurikachhar held on 18.11.2011 duly signed by the Members present in regional language. While the resolutions concerning villages of Majhapada, Kathafali (including Dhanwardihi RF), Khuntijharia, Manoharpur and Khapurikachhar indicate about their consent for development of the project, yet the resolutions passed by Beldihi by Beldihi (including Giripahad RF) and Dulanga village do not mention about the consent of the villagers for the project.
(c) English version of the resolution of Palli Sabha be subject to lawful settlement of all claims over the forest land involved in the project under the provisions of Scheduled Tribes & Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and provisions R&R benefits to the displaced families from forest land of the project.
(xxv) Ministry of Environment and Forests, Government of India in their letter F.No. 11-9/98 dated 8.7.2011 have issued guidelines that all applications seeking prior approval of the Central Government under Forest (Conservation) Act, 1980 for diversion of forest land for non-forest purpose must be accompanied with Geo-referenced boundary in shape file pertaining to forest land proposed for diversion. These document/Maps are required to ensure accurate delineation of the forest area to be diverted. The user agency in compliance to this order, has submitted the required digital map duly authenticated by ORSAC and Divisional Forest officer,
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Sundargarh Forest Division which is enclosed to the DP along with the shape file. The soft copy in CD-Form is also appended for reference.
(xxvi) In view of the above context, it is submitted that the proposal has been filed by the user agency for diversion of total 323.09ha of forest land for the project including 273.68ha of forest land within the coal block area and 49.41ha outside the coal block area. The Principal Chief Conservator of forests, Odisha has recommended for diversion of 273.68ha of forest land only which is coming within the Dulanga coal block area and not recommended for diversion of 49.41ha of forest land outside the coal block for mining related activities by the user agency citing that the user agency has 293.51ha of non-forest land acquired under Coal Bearing (Acquisition and Development) Act nd 167.11ha of non-forest land beyond the coal block to be acquired under L.A. Act for undertaking different mining related ancillary activities like O.B dump, rail connectively etc. there.
(xxvii) In this context, it is observed that 49.41ha of forest land existing outside the coal block, applied for diversion is proposed to be utilized for the purposes like surface dumping (25.84ha), development of mining related infrastructure facilities like laying of railway line (2.66ha), diversion of village road (0.97ha), construction of embankment on both sides of diverted Garia nala (0.8ha), diversion of Garia nala (0.78ha), forest area to be retained undisturbed (14.41ha) and safety zone (3.95ha). It is observed from the approved Mining Plan that in view of the topography and drainage pattern of the lease area, the existing drainage pattern constituting Garia nala, Baidhara Nala and Nala-B along with streamlets within the proposed lease area need to be diverted within the coal block to ensure unabated and safe mining during the life of the mine. This would also provide water sources and other related life sustenance to local population. It is further observed that for diverted nala together with diversion of these Nalas and construction of embankments along both sides of diverted nala together with diversion of village road alongside the block boundary, the user agency has proposed for diversion of 9.82ha of forest land (1.94ha for diversion of village road, 4.02ha for construction of embankments along the diverted nala together with diversion of village road alongside the block boundary, the user agency has proposed for diversion of 9.82ha of forest land (1.94ha for diversion of village road, 4.02ha for construction of embankments along the diverted nala and 3.86ha for diversion of Garia nala). This 9.82ha includes 2.55ha of forest land (0.97ha for diversion of village road + 0.80ha for construction of embankments along the diverted Garia nala + 0.78ha for diversion of Garia nala) outside the coal block area. It is further observed that 2.66ha of forest land located outside the coal block has been proposed to be used for development of mining related infrastructure like railway connectivity of Dulanga coal block to the proposed Darlipali Thermal Power Station of the same Project proponent for adopting Push-pull system for coal transportation. Besides this, an extent of 3.95ha of forest land (out of total 11.41ha) is indicated to be part of safety zone for this lease.
(xxviii) It is further stated that the user agency which is a Central PSU, has submitted that 14.41ha of forest land outside the coal block area, but within the project area in
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Phase-I, will be protected and maintained as green belt. Further they have submitted that 25.84ha of forest land also existing outside the coal block area, but within the project area in Phase-I, is required for initial dumping of overburden and will be restored after five years. The Central PSU has further submitted that if the entire 49.41ha of forest land existing outside the coal block is not allowed to be diverted for their use, they will have to revise the mining plan which will delay the project which is linked to the power project of this Central PSU.
(xxix) In view of the above submission of the user agency, entire forest land (273.68ha inside the coal block and 49.41ha outside the coal block) as has been applied for, is recommended for diversion for this project for mining carrying out mining related activities as envisaged in the proposed land use pattern.
4. The State Government of Odisha in their said letter dated 07.03.2013 finally requested the Ministry of Environment and Forests, Government of India may kindly examine the proposal and convey their approval for diversion of 323.09ha of forest land (273.68ha within the Dulanga coal block and 49.41ha of forest land outside the coal block) including 4.94ha of forest land outside the coal block) including 4.94ha of forest land coming within Safety zone area in Dulanga Coal Mining Projects spread over Revenue villages of Dulanga, Majhapara, Manoharpur, Kathafali, Belidihi, Khuntijhharia and Khapurikachhar and in Dhanuardihi RF, Giripahad RF and Satparlia RF in IB valley coalfields Ltd. in favour of M/s National Thermal Power Corporation Ltd. in Sundargarh Forest Division of Sundargarh Forest Division of Sundargarh District, Odisha subject to following conditions.
(i) 14.41ha out of 49.41ha of forest land diverted outside the lease area of coal block shall be protected and maintained by the user agency as forest area.
(ii) 25.84ha out of 49.41ha forest land diverted for initial Over burden dump will be restored through afforestation by the user agency at its own cost after completion of five years from the commencement of mining operation.
(iii) Design of the embankment to be constructed along sides of the diverted Garia Nala is to be finalized by the competent technical authority for implementation at project cost. Besides, plantation of suitable species shall also be taken up by the lessee along the diverted village road as well as the embankment of the diverted Garia nala at their cost in consultation with the Divisional Forest Officer, Sundargarh.
(iv) User Agency shall implement a Site specific Conservation Plan in their leasehold area as well as the its impact area as per the guidelines of Chief Wildlife Warden, Odisha at the project cost.
(v) User Agency shall contribute towards the proportionate cost of wildlife management plan of the ML area as per revised rate fixed by the State Government plan.
(vi) Felling of trees both within the coal block and outside, shall be undertaken in phases taking into account the absolute necessity based on the requirement for scientific mining as per approved Mining Plan with due permission of DFO, Sundargarh.
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(vii) The User Agency shall pay the evaluated royalty of enumerated trees before commencement of work on Stage-II approval.
(viii) Project activities shall be subject to availability of valid environmental clearance of MoEF, Government of India and Consent to Operate by State Pollution Control Board, Odisha under Air and Water Act.
(ix) The duly approved R&R plan shall be implemented for the displaced persons before handing over the forest land on final forest clearance.
(x) The scheme for Solid Waste Management and Land Reclamation is to be implemented at project cost.
(xi) User agency is also required to undertake afforestation over an area of 1.5 times the area used in safety zone over degraded forest land elsewhere.
(xii) Commencement of project activities shall be subject to lawful settlement of all claims over the forest land involved in the project under the provisions of Scheduled Tribes & Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
5. The forest land proposed to be diverted has been inspected by the Regional Office (eastern Zone), Bhubaneshwar. Additional information provided in the site inspection report received from the Regional Office (Eastern Zone), Bhubaneshwar vide their letter dated 3rd May 2005 is as below:
(i) Total cost of the project at present rates is Rs. 67215.45 lakhs.
(ii) As reported by DFO, Sundergarh Forest Division, the area does not form part of corridor of elephants, or wildlife sanctuary or national park or any biosphere reserve and tiger reserve. But occasional movement of elephants is reported. As reported by the State Government the faunal species noticed in the area are Hyena, Wild Boar, Bear, Banking Deer, Monkey, common reptiles, etc. Elephants area also occasionally seen.
(iii) As reported by the State Government in order to protect, preserve and regenerate the floral and faunal species available within the leasehold area and around, the user agency is required to implement a Site Specific Conservation Plan in their leasehold area as well as its impact area as per the guidelines of Chief Wildlife Warden, Odisha at the project cost. Besides this, the user agency is required to contribute towards the proportionate cost of Wildlife Management Plan on ML area basis as per revised rate fixed by the State Government.
(iv) The density of forest growth over RF land is reported to be 0.5 and in the Revenue Forest land to be 0.3.
(v) As per sample enumeration over 36.355 ha of forest land spread over 16 sample plots, the total number of trees to be felled is about 55,800.
(vi) As there is a large number of trees to be felled, it will naturally adversely affect the ecosystem.
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(vii) As reported by the State Government, the mining lease area is having mainly moist deciduous species like Sal (Shorea robusta), Asan (Terminalia tomentosa), Char (Buchanania lanzan), Bija (Pterocarps marsupium), Gambhar (Gmelina arborea), Dhaura (Anogeissus latifolia),. Kendu (Diospyros melanoxylon), Amla (Emblica officinalis), Bahada (Terminalia belerica), Harida (Terminalia chebula) etc.
(viii) Number of trees of girth below 60 cm is 36067
(ix) Number of trees of girth above 60 cm is 19733
(x) Land identified for raising compensatory afforestation is in 9 patches.
(xi) As stated by the State Government, as per draft R&R plan prepared for the project, it involves likely displacement of 1036 number of persons including 525 persons belonging to other backward class like SC/ST. Draft R&R plan being duly approved by the Rehabilitation and Periphery Development Advisory Committee (RPDAC) shall be implemented at project cost before any displacement of human habitation is effected.
(xii) The project will improve the socio-economic of the people in the region and may generate
(xiii) Debrigarh Sanctuary is the nearest protected area which is around 33 km (areal distance) from the project.
(xiv) Diversion of Garia Nalla and other nallas: The embankment of the proposed diverted nallas should be constructed under the supervision of competent technical authority at the cost of project. Suitable indigenous species should be planted along side the embankment of the diverted Garia nalla, Baidhar Nalla and Nalla-B at the cost of the project in consultation with the DFO, Sundergarh.
(xv) The user agency is required to demarcate the safety zone all along the boundary immediately and undertake afforestation over an area of 1.5 times the area used in Safety Zone over degraded forest land elsewhere.
(xvi) The user agency should avoid mining activities as far as possible inside the lease area where the density of vegetation is relatively higher even in non forest land.
(xvii) The capacity building of the tribal is a major necessity for the development of the region. There has to be a great emphasis on education, health care, protection and up gradation of traditional agriculture, promotion of traditional crafts and local knowledge, preservation of local identity, improvement of the soil and water conservation mechanisms and of course great thrust on creating alternative source of income. While developing the area, there should be consultation with the local people and with expertise from the reputed institutions, both inside and outside the state.
(xviii) The present emphasis of CSR is generally focused at areas around the project. If the project authorities, over a period of time extend their helping hand to the areas
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within the same block, then it would be a great help to the society, and un-skewed development of the area could be checked.
(xix) proper assessment of the status of biodiversity and the impact of mining activity should be undertaken in the region. Reputed institutes may be engaged to study the uniqueness of the flora and fauna of the region. The UA should create appropriate facilities for the above purpose.
(xx) As recommended by the State Government, the user agency shall implement a Site Specific Conservation Plan in their lease hold area as well as its impact area as per the guidelines of Chief Wildlife Warden, Odisha at the project cost and the user agency shall contribute towards the proportionate cost of Wildlife Management Plan of the ML area as per revised rate fixed by the State Government.
(xxi) Regarding surrender area and its protection: The user agency should ensure that surrender area of about 87 ha is not affected by encroachment or any other non forest activity.
6. Specific comments of the Addl. Principal Chief Conservator of Forests (Central), Regional Office (Eastern Zone), Bhubaneshwar on the proposal are as below:
(i) It is seen that the PCCF has recommended for diversion of 273.68 only and did not recommend for additional 49.41 ha of forest land applied for surface dumping. The State Government recommended for 323.09 ha without giving any justification. It may be appreciated that out of total area of 783.71 ha the mineralized zone is only 510.78 ha and therefore demand for additional area for ancillary purpose is quite high. Further dumping activity can be done even on the mineralized zone in a location which will not be used for next 5-7 years and can be re-handled and used for concurrent backfilling. This will reduce the environmental pollution of a significantly large area without any adverse impact on development and national growth.
(ii) Transplantation of trees up to 30 cm girth: Trees having girth up to 30 cm should not be felled as far as possible; rather they should be transplanted to nearby suitable places with utmost care under the supervision of State Forest Department.
(iii) Acid mine drainage: Acid mine drainage (AMD) is a challenge at coal mining operations. The user agency should treat AMD activity by installing a water treatment plant, where the AMD is first dosed with lime to neutralize the acid and then passed through settling tanks to remove the sediment and particulate metals or passively by developing a self-operating system that can treat the effluent without constant human intervention or by absorbing through suitable biological organism.
(iv) Study on shale for utilization: During coal mining, substantial portion is obtained as shale which has also got good carbon content but left as waste adding to fire hazard. The user agency should be directed to provide adequate fund for a study regarding carbon percent, energy content, pyrite and methane content of the
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different seams of coal and economic uses of the shale by arranging a study through CMFRI, Dhanbad.
(v) Water conservation: The prevailing hydrogeological scenario of the area indicates that there is a great need for conserving and recharging of ground water level. So the user agency should take appropriate measures for creation of ponds, water conservation/harvesting structures, so that more water can be stored around, which will recharge the ground water.
(vi) Final Land Use: since land is a great scarcity, there should be plan to return the land in appropriate condition, most preferably in the shape of agriculture fields and plantations of indigenous species. All the valley mines, like coal mines have the potential to return the leveled land or land with mild slope on which agriculture and plantations of indigenous species can be raised after mine life and small water bodies can be created for water recharge, irrigation and other uses. The basic idea is that it should be fit for sustainable agricultural practices so that long term food security is not adversely affected. The UA should prepare a plan for that purpose and appropriate fund should be generated from the beginning.
(vii) Greening of non mineralized zones: The user agency should prepare a plan for taking up plantation in the non mineralized zones and implement it. The top soil should be preserved in active from so as to use it for the greening of the area as early as possible. They should incorporate vermin-composting/ composting in their greening plan, so that sufficient nutrients are available to the seedlings during plantation.
(viii) Preservation of soil: In mining site significant area of the land is degraded but it remains one of the most important sources of energy. The process of coal extraction drastically alters the physical and biological structures of the mined out areas, so the preservation of top and sub soil becomes inevitable. From the initial phases of the mining the preservation of soil should be given prime importance. Top and sub soil shall have to be stacked separately at earmarked places so as to conserve precious natural resource and ensure better stability of dumps. Qualities of top and sub soil (stored and used) should be separately recorded in a measurement book.
(ix) Reclamation: The land reclamation should be done in both stages i.e. technical and biological. The user agency should prepare a long term plan so that after the end of mining lease, the land so reclaimed can turn into a beautiful landscape or an ecotourism spot which will be important from aesthetic point of view.
(x) Biodiversity study: As the mining area appears to be having good biodiversity; a study of the same is required. Reputed institutes may be engaged to study the uniqueness of the flora and fauna of the region. The user agency should create appropriate facilities for the study of biodiversity of the area, for promotion and protection of wild flora and fauna; and they should help Government institutions in financing for the above purpose.
(xi) CSR activity: Sundargarh is comparatively a backward area in terms of literacy and employment opportunities. The capacity building of the tribal is a major
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necessity for the development of the region. There has to be a great emphasis on education, health care, protection and up gradation of traditional agriculture, promotion of traditional crafts and local knowledge, preservation of local identity, improvement of the soil and water conservation mechanisms and great thrust on creating alternative source of income. While developing the area, there should be consultation with the local people and with expertise from the reputed institutions, both inside and outside the state. The user agency should develop an integrated system of health and education including the promotion of traditional healing system, within 5 km periphery of the mining lease, in collaboration with other project proponents. So, the user agency should prepare a long term plan for the socio-economic development of the area.
(xii) It is suggested that the children of the poorer section of the society especially in tribal areas may be given quality education by keeping them in hostel away from the remote areas. When these children receive modern education they become role model for others and will be in the mainstream of society. This will help keep them away from Naxal activities also.
(xiii) The CSR activities undertaken by the project should be uploaded in their website with all the details.
(xiv) Establishment of environmental laboratory: The user agency should establish a modernized environmental laboratory with adequate number of pollution monitoring and analysis equipments in consultation with the State Pollution Control Board for regular monitoring of the environmental status as well as taking remedial measures for maintaining better ecological balance.
7. The Addl. Principal Chief Conservator of Forests (Central), Regional Office (Eastern Zone), Bhubaneshwar The diversion of 273.68 ha of forest land only within the Dulanga coal block including 4.94 ha of forest land coming within safety zone area in Dulanga coal mining projects in favour of M/s National Thermal Power Corporation Ltd. in Sundargarh Forest Division of Sundargarh district, Odisha is hereby recommended for consideration with observations above. Remaining 49.41 ha of forest land outside coal block is not recommended as it is not essential and to that extent environmental losses can be reduced without any adverse impact on development and national growth.
8. The proposal along with the site inspection report received from the Regional office (Eastern Zone) Bhubaneswar was placed before the Forest Advisory Committee in their meeting held on 10th -11th June 2013 or their examination and appropriate recommendations.
9. The FAC after examination of the proposal and interaction with representatives of user agency observed as below:
(i) Legal status of the forest land proposed to be diverted is Reserved Forest- 22.76 hectares; Revenue Forest – 298.77 hectares and the DLC Forest- 1.56 hectares;
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(ii) Crown density of vegetation available in the Reserve Forest and Revenue Forest is 0.50 and 0.30 respectively. Average crown density of vegetation available in the forest land proposed to be diverted is 0.40;
(iii) Forest land proposed to be diverted contains approx. 55,800 trees of above 30 cm girth at breast height;
(iv) Forest land proposed to be diverted does not form part of part of any national park, wildlife sanctuary, biosphere reserve, tiger reserve, elephant corridor etc. Occasional movement of elephants in and around the forest land proposed to be diverted has however, been observed;
(v) Total extent of land involved in this Mining project in Phase-I is 783.71 hectares, including 567.19 hectares located within the Dulanga coal mining block and remaining 216.52 hectares outside the coal block;
(vi) Out of the 783.71 hectares of land required for the project, 323.09 hectares is forest land, 149.62 hectares is Government non-forest land and remaining 311.00 hectares is private non-forest land. The 323.09 hectares of forest land includes 273.68 hectares of land within the coal block and 49.41 ha outside the coal block;
(vii) The coal extracted from the block is proposed to be utilised in Darlipali Thermal Power Plant proposed to be set up by the user agency at approx. 10 km distance from the mine site. A separate proposal for diversion of 13.65 hectares of forest land required for setting up of the said thermal power plant is presently under consideration of the Regional Office (Eastern Zone), Bhubaneswar of the MoEF;
(viii) A dedicated/captive Railways line is proposed to be constructed by the user agency for transportation of the coal to be extracted from the mine to the Darlipali Power Plant proposed to be constructed by the user agency;
(ix) Representatives of the user agency present in the meeting informed that the forest land required for construction of 3 kilometer length of the said Railways line is included in the extent proposal. The forest required for construction of the remaining 7 kilometer length of the said Railways line is included in the proposal submitted for diversion of 13.65 hectares of forest land for construction of the Darlipali Thermal Power Plant;
(x) The Principal Chief Conservator of Forests (PCCF), Odisha has recommended for diversion of 273.68 hectares of forest land which has been acquired under the Coal Bearing Areas Acquisition and Development Act, 1957 for coal mining, surface dumping and other ancillary activities. The PCCF, Odisha recommended that approval under the FC Act for diversion of the remaining 49.41 hectares of forest land applied beyond the area acquired under the Coal Bearing Areas Acquisition and Development Act, for surface dumping and other ancillary activities shall not be accorded;
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(xi) The State Government of Odisha, without making specific comments on the above indicated adverse comments made by the PCCF, Odisha (as is specifically required as per the part-V of the Form-‘A’ appended to the Forest (Conservation) Rules, 2003) has recommended diversion of the entire 323.09 hectares of the forest land, including the 49.41 hectares of forest land required for surface dumping and other ancillary activities;
(xii) The Regional Office (Eastern Zone), Bhubaneswar of the MoEF has also recommended that approval for diversion of 49.41 hectares of forest land applied beyond the Coal Bearing Areas Acquisition and Development Act, 1957 for surface dumping and other ancillary activities shall not be accorded.
(xiii) Approval under the FC Act, 1980 for diversion of forest land located in Manoharpur Coal Block of M/s. Orissa Power Generating Company Limited (OPGCL) located adjacent to the Dulanga Coal Block of the user agency has been accorded by the MoEF vide letter dated 17.10.2012 subject to fulfillment inter-alia of the following conditions:
(a) Considering the possible longitudinal fragmentation of the existing virgin forest habitat by way of linear allotment of coal blocks, the State Government shall ensure not to allot the link up block between Dulanga & Madhupur blocks; and
(b) State Government of Odisha shall also explore feasibility to cancel a few allotted blocks at 5-6 kilometers gap for leaving a sufficient width of corridor for movement of elephant and other animals.
10. The FAC after detailed deliberations recommended that the State Government of Odisha may be requested to provide following information:
(i) Specific comments of the State Government on recommendation of the PCCF, Odisha to not to accord approval under the FC Act, 1980 for diversion of the said 49.41 hectares of forest land; containing the detailed justification for not accepting the above said recommendation of the PCCF Odisha;
(ii) Copy of a report from the PCCF, Odisha containing detailed justification in support of his recommendation to not to accord approval for diversion of the said 49.41 hectares of the forest land. The justification shall clearly bring out that the activities proposed to be undertaken in the said 49.41 hectares of forest land are either not essential for operation of the said mine, or may be executed in the non-forest land or the 273.68 hectares of forest land recommended to be diverted in favour of the user agency;
(iii) Comments of the Chief Wildlife Warden (CWLW), Odisha on presence of elephant and other wildlife in and around the forest land proposed to be diverted along with measures proposed to be taken to mitigate identified impacts of the project on wildlife;
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(iv) Comments of the CWLW, Odisha on impact of proposed railways line on movement/migration of wild animals through the migratory corridor proposed to be kept/ maintained in compliance of the conditions stipulated in forest clearance of the Manoharpur coal block mine of the user agency;
(v) Report from the appropriate authority on feasibility of the transportation of the coal from the Mine to the Darlipali Thermal Power Plant by using close conveyor corridor in place of the dedicated railway line; and
(vi) A Survey of India topo-sheet indicating location and boundary of all existing as well proposed coal blocks, their linked end use plants and the existing as well as future infrastructure proposed to be created for evacuation of coal from these mines. Status of grant of approval under the FC Act, 1980 for diversion of forest land required for these projects shall also be intimated to MoEF.
11. The FAC further recommended that the Regional Office (Eastern Zone) Bhubaneswar may also be requested to provide detailed justification in support of their recommendation to not to accord approval for diversion of the said 49.41 hectares of the forest land. The justification shall clearly bring out that the activities proposed to be undertaken in the said 49.41 hectares of forest land are either not essential for operation of the said mine, or may be executed in the non-forest land or the 273.68 hectares of forest land recommended to be diverted in favour of the user agency.
12. The FAC also recommended that in case the PCCF, Odisha or the Regional Office (Eastern Zone), Bhubaneswar are of the view that from among the activities proposed to be undertaken in the said 49.41 hectares of forest land, all those activities which are essential for operation of the said mine, may be undertaken in the non-forest land or within the 273.68 hectares of forest land recommended to be diverted in favour of the user agency, details of such activities along with the proposed location for their execution may clearly be indicated in the reports to be submitted by them.
13. The FAC further recommended that to facilitate holistic decision on diversion of forest land required for two inter-dependent projects, the proposal seeking approval under the FC Act, 1980 for diversion of 13.65 hectares of forest land required for establishment of the Darlipali Thermal Power Plant presently pending before them may be transferred to the MoEF for consideration by the FAC along with the extant proposal.
14. Keeping in view that large number of coal mining and thermal power projects are proposed to be set up in and around the Ib valley coalfield, the FAC further recommended that to ensure systematic development of required infrastructure for extraction, transportation and utilization of the available coal resource, the State Government shall engage reputed institutions to undertake Regional Environment Impact Assessment and Carrying Capacity Study for the Ib Valley coalfield. Approval under the FC Act to any future projects in the area will be considered after receipt of the report of the said study.
52 15. Regional Office (Eastern Zone), Bhubaneswar vide their letter dated 30th July 2013
informed this Ministry as below:
(i) The NTPC has given justification for diversion of 49.41 ha of forest land for different purposes as given below vide their letter dated 03.07.2013
(a) Rail connectivity/ Coal evacuation system - 2.66 ha
(b) Diversion of nala, bund along embankment - 2.55 ha
(c) Initial dumping of overburden for 4 years - 25.84ha
(d) Safety zone area falls in infrastructure area - 3.95 ha
(e) Undisturbed area/ greenbelt development - 14.41 ha
(ii) It is to inform that from the above uses, item No. (a) i.e. for rail connectivity/ coal evacuation system, item No. (b) i.e. for diversion of nala, bund along embankment and item No. (d) i.e. for safety zone area come under infrastructure area purposes which are essential and may be allowed.
(iii) As per item No. (e) i.e. for undisturbed area/ greenbelt development, NTPC may be allowed to develop the green belt in the undisturbed area of 14.41 ha under technical guidance of State Forest overburden for 4 years, the proposal is for diversion of 25.84 ha out side the coal block, excluding the present proposal for diversion of 273.68 ha within the Dulanga Coal Block.
(iv) As per the mining plan, the mining operation will be completed in 24 years. Therefore there is enough space for dumping of overburden within the Dulanga Coal Block area itself as NTPC wants diversion for only 4 years and this dumped material can be re-handled after some time during the course of concurrent back filling.
(v) Alternatively, NTPC may be allowed the reworked bare minimum forest land of 12 ha. as informed by them vide their letter dated 12.07.2013 (copy enclosed) with the condition that they will afforest the entire 25.84 ha during the 5th year as per the technical guidance of Forest Department and maintain it during the entire period of mining to the satisfaction of Forest Department.
(vi) The forest diversion proposal of 13.95 ha for setting up of Darlipali Super Thermal Power project by NTPC has been submitted to the Director, ROHQ , Ministry of Environment and Forest , New Delhi with the recommendation of SAG vide this Office letter No. 5-ORC158/2013 –BHU dated 30.07.2013
16. Similarly, Government of Odisha vide their letter dated 1.11.2013 informed that point wise information/ observation are as below:
(i) Justification for diversion of 329.09 ha of forest land including 49.41 ha of forest land lying outside the Dulanga Coal Block, as has been applied for by the user agency, was indicated in the forwarding letter after Para 18, while recommending this diversion proposal, In this context, the Pr. CCF, Odisha in his letter No. 14887 dt. 21.10.2013 (copy enclose), was of the view that since the user agency has 293.51 ha of non-forest
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land acquired under Coal Bearing Areas (Acquisition and Development) Act in this coal block and 167.11 ha of non-forest land beyond the coal block to be acquired under L.A. Act for undertaking different mining related ancillary activities like O.B. dump, rail connectivity etc., 49.4 ha of forest land lying outside the coal block need not be considered for diversion for undertaking mining relating activities
(ii) Taking note of above observation of PCCF , Odisha, it is observed from the presentation made by the user agency, a Central PSU that 49.41 ha of forest land existing outside the coal block, applied for diversion is proposed to be utilized for the purpose like surface dumping (25.84 ha), development of mining related infrastructure facilities like laying of railway line (2.66 ha), diversion of village road (0.97 ha), construction of embankment on both side of diverted Garia nala (0.8 ha), diversion of Garia nala (0.78 ha), forest area to be retained undisturbed (14.41 ha) and safety zone (3.95 ha) . It is also observed from the approved Mining Plan that in view of the topography and drainage pattern of the lease area, the existing drainage pattern constituting Garia nala, Baidhara Nala and Nala-B along with streamlets within the proposed lease area are required to be diverted within the coal block to ensure unabated and safe mining during the life of the mine. This would also provide water sources and other related life sustenance to local population. It is further observed that for diversion of these Nalas and construction of embankments along both sides of diverted nala together with diversion of village road alongside the block boundary, the user agency has proposed for diversion of 9.82 ha of forest land (1.94 ha for diversion of village road, 4.02 ha for construction of embankments along the diverted nala and 3.86 ha for diversion of Garia nala). This 9.82 ha. Includes 2.55 ha of forest land (0.97 ha for diversion of village road + 0.80 ha for construction of embankment along both sides of diverted Garia nala + 0.78 ha for diversion of Garia nala) located outside the coal block area. it is further observed from the presentation made by the user agency that 2.66 ha of forest land located outside the coal block has been proposed to be used for development of mining related infrastructure like railway connectivity of Dulanga coal block to their proposed Darlipali Thermal Power Station for adopting Push –pull system for coal transportation. Besides this, an extent of 3.95 ha of forest land (out of total 11.41 ha) outside the coal block, is required for maintenance of safety zone for this Coal Block. As submitted by the user agency, 14.41 ha of forest land outside the coal block, area, but within the project area in Phase-I will be protected and maintained as green belt. It has been further submitted by them that 25.8 ha of forest land existing outside the coal block area, but within the project area in Phase –I is required for initial dumping of overburden and will be restored after five years. Moreover, the Mining Plan for this coal block, as has been approved by the Ministry of Coal, also takes in to account the 49.41 ha of forest land existing outside the coal block for ensuring safe mining in this coal block.
(iii) Thus it can be seen that from out of 49.41 ha of forest land lying outside the coal block, user agency needs 2.55 ha of forest land for diversion of village road and construction embankments of both sides of Nalas, 2.66 ha of forest land for development of mining related infrastructure like railway connectivity of Dulanga coal block to their proposed Darlipali Thermal Power Station, 3.95 ha of forest land for effective maintenance of safety zone area 14.41 ha of forest land for protection and
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maintenance as green belt and the remaining 25.84 ha of forest land for temporary use as O.B. dump area for a period of five years, after which it would be restored to its original form. Hence, an area of 44.20 ha (14.41 ha + 25.84 ha + 3.95 ha ) of forest land out of 49.41 ha will effectively be under afforestation (18.36 ha as Green belt and safety zone now and 25.84 ha after five years of use of the said land as Temporary OB Dump area) and only forest area to the extent of 5.21 ha (2.55 ha for village and embankment for nalas and 2.66 ha for mining infrastructure) out of 49.41 of forest land outside the coal block is proposed to be used for non-forestry activities on the long run within the project period . The State Government, while recommending the diversion proposal, has therefore suggested for imposition of the following conditions.
(a) 14.41 ha out of 49.41 ha of forest land diverted outside the lease area of coal block shall be protected and maintained by the user agency as forest area at project cost.
(b) 25.84 ha out of 49.41 ha. Forest land diverted for initial over burden dump will be restored through afforestation by the user agency at its own cost after completion of five years from the commencement of mining operation.
(c) Design of the embankment to be constructed along both sides of the diverted Garia Nala is to be finalized by the competent technical authority for implementation at project cost. Besides, plantation of suitable species shall also be taken up by the lessee long the diverted villaged road as well as the embankment of the diverted Garia nala at their cost in consolation with the Divisional Forest Officer, Sundergarh
(iv) In view of the above, the State has recommended for diversion of entire forest land (273.68 ha inside the coal block and 49.41 ha. outside the coal block) for this projects for carrying out mining related activities as envisaged in the proposed land use pattern.
(v) The Pr. CCF, Odisha in his letter No. 14887 dt. 21.10.2013 has observed the following.
“Dulanga coal Project of NTPC has applied 460.62 Ha of non-forest land (293.51 Ha acquired under CBA Act & 167.11 Ha beyond the coal bearing area) and 323.09 Ha of forest land. The user agency has applied for diversion of 323.09 Ha of forest land (273.68 Ha forest land with Dulanga Coal Block and 49.41 ha of forest land outside the coal Block) under section 2 of Forest (Conservation) Act for mining and allied activities. The detailed activities proposed to be undertaken by the user agency on forest land and non-forest land is shown in the table below:
Sl. No.
Land use pattern
Forest land (in ha) Non-Forest land (In ha.) Grand Total CBA NON
Sub –Total 272.69 45.46 318.15 292.22 161.93 454.19 772.3 Safety zone area 0.99 3.95 4.94 1.29 5.18 6.47 11.41
GRAND TOTAL 273.68 79.41 323.09 293.51 167.11 460.62 783.71
It may be observed that the user agency has 460.62 Ha of non-forest land for mining and other activities in the mining proposal in addition to 323.09 Ha of Forest land. The PCCF, Odisha has already recommended for diversion of 273.68 Ha of forest land available within the Coal Block for the project, objecting to the diversion of 49.41 Ha of forest land located outside the Dulanga Coal Block. This 49.41 Ha of forest land located outside the Dulanga Coal Block has been proposed by the User Agency for the purpose of (i) Dumping of overburden, (ii) Infrastructure such as:- Buildings and roads, (iii) Diversion of Nalla and (iv) Development of Green Belt. There is absolutely no basis and justification for diversion of 25.84 Ha of forest land for surface dump as already 80.66 ha of non-forest land under the non-CBA area with User Agency. Therefore, there is hardly any justification for diversion of forest land again for the same purpose. It is to mention here that there is no point in retaining the undisturbed forest area of 14.41 ha by the User Agency beyond the Coal Block in the pretext of developing Green Belt. Further, the change of course of rivers and nallahs can be undertaken outside the Coal Block area or in the non-forest land of ML area for benefit of the people living in and around ML area. Hence, in total the diversion of 49.41 ha of forest land outside the allocated Coal Block for mining and other activities was not considered and not recommended for approval under Section 2 of Forest (Conservation) Act, 1980. The said proposed activities may be undertaken on the non-forest land (460.62) available with the User Agency. As regards finding location for the above proposed activities not recommended on forest land outside Coal Block, the User Agency may better be asked to locate the same either in the recommended forest land within the Coal Block or on Non-forest land inside or outside the Coal Block in consultation with the Competent Authority."
(iii) Based on the site inspection report of the DFO, Sundargarh, the PCCF(WL) & CWLW, Odisha vide his letter No. 7882 dt. 30.9.2013 has observed that elephants do not reside all along the proposed railway line and are also occasionally sighted. However, other animals like Barking Deer, Hyena, Wild boar and monkeys are noticed in the area. Regarding mitigative measures, the PCCF(WL)&CWLW, Odisha has suggested for construction of underpasses at 3 locations, construction of watch towers and other measures as detailed below, at project cost:
(a) The Project proponent shall identify suitable location for construction of underpasses of minimum six meter height and six meter width at appropriate locations and incorporate the same in design of the railway line to facilitate free
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and unhindered movement of elephants and other animals across the railway line.
(b) The project proponent shall restrict the speed of train within 20.30 KMPH at vulnerable locations falling on migratory corridor/path for elephants and other wild animals.
(c) The project proponent shall provide funds to the Forest Department for deployment of adequate number of watchers equipped with appropriate communication equipment along the railway line to detect and warn the driver about movement of animals.
(d) The project proponent shall deploy adequate number of watchers equipped with binoculars and search lights in driver cabin of each train running on the said line to detect the presence of elephants/wild animals to alert the driver to stop the train. These watchers would be under the supervision and control of the Wildlife wing of the Forest Department and their payment would be met by the user agency.
(e) The project proponent, in consultation with Forest Department, shall create and maintain alternate habitat/home for the avifauna, whose nesting trees are to be cleared in the proposed project. Bird nests artificially made out of eco-friendly materials shall be used in the area including forest area and human settlements adjoining the forest area being diverted for the project.
(iv) With regard to feasibility of the transportation of coal from Dulanga Coal Mine to NTPC's Darlipali Thermal Power Plant, by using closed conveyor in place of the dedicated railway line, a techno-commercial study report from M/s RITES Limited, Bhubaneswar (A Govt. of India Enterprise) as received from the user agency through PCCF, Odisha is enclosed for reference.
(vi) Survey of India Toposheet in 1:50000 scale indicating location of Dulanga coal block and outside area for the project was furnished while furnishing diversion proposal as Plate-II. Further it has been reported by the User agency that Central Mine Planning and Design Institute (CMPDI) Limited, RI-VII, Bhubaneswar has been entrusted with the work of preparation of a Comprehensive Master Plan of all the coal blocks of IB valley area, by M/s IDCO, as per their letter no. HO/ S&IP/ 263/2012/1540 dated 02.02.2013. As such it is understood that this job is under process by CMPDIL, Bhubaneswar and may take some more time to for its accomplishment. As regards the status of grant of approval under the FC Act, 1980 for diversion of forest land for the coal blocks and their end use in the area, it is stated that Manoharpur coal block of M/s OPGC Ltd. and Darlipali Super Thermal Power Station of M/s NTPC Ltd. have obtained Stage-I approval of MoEF, while the Kulda OCP of M/s MCL has been accorded with Stage-II forest clearance under Forest Conservation Act, 1980.
(vi) Regarding the issue of ensuring systematic development of required infrastructure for extraction, transportation and utilization of available coal resources in Ib valley coalfields, as has been raised by MoEF in the last of paragraph of their letter dt. 25.7.2013, it is ascertained from the report of the State Pollution Control Board, Odisha vide his letter No. 15724 dt. 27.8.2013 that National Engineering Research Institute (NEERI), Nagpur has been engaged for study and preparation of report on "Regional assimilative capacity based planning for Sambalpur and Jharsuguda Region". Ib valley
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coalfields is covered under the said study. The above study report is at the final stages of completion.
(vii) Further a copy of letter No. 2336 dt. 21.10.2013 of M/s NTPC Ltd. justifying the diversion of entire land of 323.09 ha. of forest land is enclosed for reference.
17. The proposal along with the above indicated additional information received from the Government of Odisha and Regional Office (Eastern Zone), Bhubaneswar is placed before the Forest Advisory Committee for their examination and appropriate recommendations.
