National Green Tribunal
Gaurav Jain S/O Shri Vimal Chand Jain Age ... vs State Of Madhya Pradesh Through Chief ... on 27 August, 2024
Item No. 01
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.33/2024(CZ)
Gaurav Jain Applicant(s)
Vs
State of Madhya Pradesh & Ors Respondent(s)
Reserved on: 09.08.2024
Date of pronouncement of judgment: 27.08.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
For Applicant (s): Mr. Dharamvir Sharma, Adv.
For Respondent (s): Mr. Prashant M Harne, Adv
(Mr. Mehul Bhardwaj, Adv)
Ms. Parul Bhadoria, Adv
Mr. Gigi George, Adv
Mr. Kunal Verma, Adv and
Mr. Vipul Agarwal, Adv with Ms. Disha Nanda, Adv
ORDER
1. Application has been preferred for the preservation and conservation of Forest area, since illegal and non-forest activities and non compliances of EC & FC conditions are being done while execution of the project by Respondent Larsen & Toubro Limited (Project Proponent) along with Narmada Valley Development Authority, State of MP which is being done in the forest land violating norms, conditions of Forest Conservation Act 1980, Bio-Diversity Act 2002 and Environment Protection Act 1986, Air (Prevention and Control of Pollution ) Act 1981, Groundwater Rules. The PP are in violation of Forest Conservation Act 1980 by disposing off waste collected during the excavation property as the same is being dumped in 1 the nearby forest area, without any covering, causing air pollution in the vicinity. The PP has laid down pipeline in non-compliance, by reducing the depth from the ground level. The PP is also in violation of the mentioned FC & EC conditions, including construction of pump house in forest area, carrying out the scheme of compensatory afforestation only for the namesake, dumping the excavated soil in open without any mitigation measures as well as not taking NOC/clearances from the affected villages and joint forest management committee. The violations and omission by the Respondents have caused significant harm to the flora and fauna of the forest area, and has also affected the livelihood and sustenance of the indigenous people. The acts/omissions of PP have utterly failed in taking care of living animals' habitats, being hazardous and inherently dangerous.
2. The main contention of the Learned Counsel for the applicant is plantation in the area and its survival of the plants in addition to the non compliance of the general condition of EC with regard to the pipeline which is required to be laid down 1.5 meter below the ground and as per the contention of the Learned Counsel for the applicant these general conditions are not being observed by the Project Proponent.
3. The matter was taken up by this Tribunal on 27.02.2024, and a Committee was constituted to submit the Factual and Action Taken report.
4. In compliance thereof, the member of the Committee visited the site and submitted the report as follows:
―1.0 Background of the project:-
Indira Sagar Pariyojana (ISP) Kalisindh Micro Lift Irrigation Project Phase-1 is under implementation by Narmada Development Division No. 32 Barwah. The main object of the project is to increase production of agriculture and improved the living standard of farmers 2 in Dewas, Sehore & Shajapur districts by providing irrigation network for micro lift irrigation. The project is to cater irrigation water to about 1,00,000 hectares land of 282 Villages of 09 tehsils of aforesaid districts. The supply source of water is Indira Sagar Reservoir. Estimated life of project is 50 years. The project shall benefit to irrigation Gross Command Area 1,44,700 hectares, Culturable Command Area 1,00,000 hectares. The Project cost is Rs. 3489.82 crores.
The project has been granted Environment Clearance (EC) by M.P. State Environment Impact Assessment Authority (MP-SEIAA) Bhopal and Forest Clearance (FC) from MoEF & CC.
The project has obtained Forest Clearance diversion of 160.055 hectares (71.784 ha. of Khandwa Forest Division & 88.271 ha. of Dewas Forest Division) Forest land for construction of ISP-Kalisindh Link Project in favour of Executive Engineer, Narmada Development Division 32, Barwah, District-Khargone.
Information regarding project has been received from the Executive Engineer, Narmada Development Division 32, Barwah, District- Khargone vide their letter dated 13/04/2024.
Information received from Divisional Forest Officer, Khandwa vide their letter dated 1350 dated 12/04/2024, which is enclosed as Annexure- 7.
2.0 Main issues raised in the Original Application:
1. Violation of conditions imposed in Forest Clearance including deficiencies in Compensatory Aforestation (CA).
2. Violations by conducting illegal and non forest activities on forest land.
3. Violation of condition no. 25 of the Environment Clearance (EC) with respect to dust mitigation measures.
4. Violation of various conditions of the Forest Clearance (FC) by changing layout plan by establishing permanent structures for labour camp in forest area.3
5. Failed to take due care for boundary walls of both sides were pipelines are being laid down and violation of Forest Clearance condition by constructing house in forest area.
6. Dumping of excavated soil from Forest Block No. 285 of the reserve forest on the land located outside the forest area and dumping of excavated soil in non designated forest area.
7. Illegal construction of water tank by encroaching forest land.
8. Extraction of underground water and utilized against the rules and conditions incorporated in the FC & EC Clearances.
9. No field survey by the Officers for Forest Diversion was conducted to have protection of rare animal species and their natural habitations including reserved forest of Chandgarh and Mundi.
10. Not taken necessary NOC/Clearances from affected Village Panchayat and Joint Forest Management Committee in compliance of Condition No. 26 of the Environmental Clearance.
3.0 Field Observations:-
Point-wise observations with respect to issues raised in the application are as follows:
1. Violation of conditions imposed in Forest Clearance including deficiencies in Compensatory Aforestation (CA).
The Forest Clearance (FC) for diversion of 160.055 hectares (71.784 ha. of Khandwa Forest Division & 88.271 ha. of Dewas Forest Division) forest land for construction of ISP-Kalisindh Link Project was granted by the Ministry of Environment, Forest & Climate Change vide letter dated 28/07/2020 in favour of Executive Engineer, Narmada Development Division 32, Barwah, District-Khargone. As per specific condition 3 of FC:
(a) Compensatory aforestation shall be taken up by the Forest Department over 170.700 ha. non forest land and the cost of user agency. Compensatory aforestation shall be of a mix of 4 local indigenous species. Mono culture of any species shall be avoided. Details of CA is as following:
S. District Tehsil Village Survey no Area
no (ha.)
1 Agar Susner Dehriya 1037, 85.70
malwa Suher 1039,1041,
1043
2 Badod Jamli 1088/2 30.00
3 Badod Chipiya 1343/1/1 55.00
Total 170.700
(b) Total number of sampling to be planted shall not be less than 1,70,700 in CA land.
The Joint Committee has visited above 03 villages where Compensatory Aforestation (CA) have been done. Details of plantation is enclosed as Annexure-8. As per information submitted, details of CA is as follows:
s. Village Area Number of Number of Survival
no (ha) sapples sapples survived %
planted (as on October
2023)
1 Dehriya 80.00 80,000 71,200 89
2 Chipiya 51.00 51,000 43,350 85
3 Jamli 30.00 30,000 27,582 91.9
The Joint Committee visited all the 03 sites on 11.04.2024 to verify the status of CA. As the visit was in autumn season, many plants were standing without any leaves on them. Few of the plants in which watering was done within last 1 week or so were flourishing and rest plants with dried pits with inadequate watering were either without leaves or died. Such pits in which plants not survived needs to be replaced by other saplings and watering frequency needs to be increased. Availability of the water sources (check dam) at Dehriya village was there but no such water sources is available at Jamli & Chipiya villages. Here watering is done through water tankers.
The Forest Department has maintained the records online in plantation monitoring system. Copy of the details plantation conducted and monitoring carried out have been provided by the Forest Department, which is enclosed as Annexure-9. As per the information submitted survival rates for Village-Jamli is in range of 86.17 to 94.84%, for Village-Chipiya, survival rate is 85 to 94% and Village-Dehriya Susner survival rates is 88.22 to 96.80%.
Replacement Plantation has also been done year-wise in all above 03 Compensatory Aforestation Areas.
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2. Violation by conducting illegal and non forest activities on forest land.
With regard to non forest activities on forest land, the Applicant Shri Gourav Jain has explained during inspection that the project has established few non-forest activities viz tube-well, pump house, staff quarters, soil dumping, labour camp on the forest land. The Joint Committee has visited the project area at Village-Pamakhedi where approach channel, pump house, pipelines are under installation. Details are as follows:
1. The Forest Department has diverted/allotted 06 hectares forest land for pump house 1 & 2 and 4.32 hectares forest land for approach channel. Demarcation of area have been done by the Forest Department and pillars have been made by the executing agency i.e. Larsen & Toubro Limited (L&T).
As per the information submitted by the Executive Engineer Narmada Vikas Division-32, Barwah, 5.2 hectares land for pump house 1 & 2 and 3.49 hectares land for approach channel have actually been acquired.
2. Pump house 1 & 2 were found under installation. Approach channel is also under construction. Pipeline is also being laid at Pamakhedi.
3. On pump house site, which is demarcated and acquired by the executing agency, some of the following activities/constructions on diverted and non diverted land are as On diverted land:
(a) PP has constructed a tube-well on diverted forest land.
(b) Construction of staff quarters: H-type total- 16 nos. (i.e. 08 at ground floor and 08 at first floor) and I-type total- 04 nos. (i.e. 02 at ground floor and 02 at first floor). Total built-up area is 1052 Sqm.
(c) Construction of Switch yard near pump house on diverted forest land of 6 hectares.
(d) Installation of Ready Mix Concrete (RMC) Plant on diverted forest land of 06 hectares.
On non diverted land:
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(a) Construction of concrete water tank (size 9 meter x 5 meter x 1.5 meter), which has been demolished partially and not in use. All the demolition waste is yet to be lifted. The Project Proponent has not mentioned above these constructions in its layout plan submitted earlier for clearances from Forest Department.
As per the information submitted it has been informed that:
(a) That, soil/boulders (debris/mucks) generated during construction of pump house and approach channel have been dumped on diverted forest land block no. 285, which was diverted by the Government of India, Environment & Forest Ministry vide letter no. 8-64/84 FC dated 07/10/1987 for the component "submergence" in the "Indira Sagar Project". The land has been handed over to Narmada Development Authority and is under control of Narmada Vikas Division No. 32 Barwah. Copy of the diversion letter is enclosed as Annexure-11.
(b) That, the Project Proponent has not informed to the Forest Department prior to dumping of the soil on the diverted land of submergence of Indira Sagar Project.
(c) The Project has constructed staff quarters on diverted forest land for pump house switch board operations and security staff, which was not incorporated in original project components, hence penalty as per the rules will be imposed after taking legal action by the Forest Department.
(d) The Project has established bore-well on diverted forest land for drinking water and project work without permission, hence penalty as per rules will be imposed after taking legal action by the Forest Department.
(e)The Project had constructed a water tank of 9 x 5 x 1.5 meters, which have been dismantled by the PP after taking cognizance by the Forest Department in August-2020.
4. The Joint Committee has observed whole area of pump house, approach channel etc. and above violations have been found. The project had installed RMC for construction of pump house for which consent to establish and consent to operate was obtained from 7 MPPCB. The consent was valid upto 25/02/2022, The RMC Plant was found not in operation and it was told by the project proponent representatives that the RMC is closed for last 02 years and it is unusable and it is to be removed from the site.
5. The committee members have visited the Project area to verify the allegations raised by the complainant in the petition. This is observed that the component wise break up given in the proposal which was submitted by the Project Proponent to the Regional Office, Bhopal, Ministry of Environment Forest and Climate Change, Government of India for approval under the provision of FCA, 1980 have not been followed.
6. The total area proposed by the Project Proponent for the construction of component "Pump House" in the proposal which was submitted to the Govt. of India for approval under the provision of FCA, 1980, is as follows:
Component Forest area Non forest area Total area (Ha) (Ha) (Ha) Pump house 1 3.0 0.0 3.0 Pump house 2 3.0 0.0 3.0 Pump house 3 0.0 3.0 3.0 Pump house 4 3.0 0.0 3.0 Pump house 5 0.0 3.0 3.0 Pump house 6 1.5 3.0 1.5 Grand total 10.5 6.0 16.5
7. This is observed that the area proposed for the construction of Pump House(1 and 2) in the proposal, the switch yard, worker rooms, cement mixture plant, water tank and tube well have also been constructed which were not mentioned in the component wise break up. However, construction of all these components except part area of water tank (size 9 meter x 5 meter x 1.5 meter already dismantled) has taken place within the diverted forest land for the project. As per condition no. 3, of the Forest Clearance "The Layout plan of the proposal shall not be changed without prior approval of Central Government" which is not complied by the Project Proponent prior constructing these components other than the pump house in the diverted forest area. This is also a violation of condition no. 11, of the Forest Clearance by which "The forest land shall not be used for any purpose other than that specified in the project proposal" 8
3. Violation of condition no. 25 of the Environment Clearance with respect to dust mitigation measures:
The Applicant has mentioned about the violation of condition no. 25 of the Environment Clearance with respect to dust mitigation measures. Condition no. 25 of Environment Clearance (EC) is as follows:
"25. For dust mitigation following measures shall be adopted:
Roads leading to or at construction sites must be paved and black topped (ie. metallic roads).
No excavation of soil shall be carried out without adequate dust mitigation measures in place.
No loose soil or sand or Construction & Demolition Waste or any other construction material that causes dust shall be left uncovered.
Wind breaker of appropriate height minimum 03 meters shall be provided.
Dust mitigation measures shall be displayed prominently at the construction site for easy public viewing. Construction material and waste should be stored only within earmarked area and road side storage of construction material and waste shall be prohibited.
No uncovered vehicles carry construction material and waste shall be permitted.
Construction and Demolition Waste processing and disposal site shall be identified and required dust mitigation measures be notified at the site."
The Joint Committee has made observation regarding compliance of above conditions of Environment Clearance and following has been found:
The site of pumping and approach channel is located on diverted forest land and it is adjacent to Narmada Nagar Satwas Road, which is black topped road. Metallic road has been made upto construction site as no concrete or black topped road is allowed to be made on diverted forest land.9
The Project Proponent has water sprinkling arrangement by tankers over the road within construction site for mitigation of dust.
No loose soil or sand or Construction & Demolition waste was observed, however soil and boulders generated from construction of pump house and approach channel etc. were observed dumped on forest diverted land of dam submergence area. Wind breaker have been made by G.I. Sheet barriers around the pump house construction site.
Display Board at construction site for public viewing was not found installed.
Construction materials were found stored within project site on diverted land. Road side storage of construction material and waste was not observed.
No uncovered vehicles carrying construction materials and waste were observed.
Construction & Demolition waste processing and disposal site has not been identified so far. Project may be directed to comply the condition.
During inspection the Committee also has suggested to the Project representatives for regular sprinkling of water over the roads and dumped soil/boulder for control of dust and to comply other conditions.
5. Violation of various conditions of the forest clearance by changing layout plan by establishing permanent structure for labour camp for forest area:
The Applicant has mentioned regarding violation of various conditions of the forest clearance by changing layout plan by establishing permanent structure for labour camp for forest area. The Joint Committee has made observation in this regard and found as follows:
No labour camp was observed in the forest area, however staff quarters for pump house switch board operations and security staffs etc. were found under construction. In this regard detailed information has been given above in this report.10
Project representatives and Officers of Narmada Vikas Division No. 32, Barwah have told that pipeline is being laid as per the DPR and approval received from Forest Department.
The Applicant has mentioned in complaint that pipeline is being laid without complying the depth criteria of EC & FC. The compliance of the condition no. 2 of the Forest Clearance which says that "The pipeline shall be laid down 1.5 m below the ground and after laying down of the pipeline the ground will be leveled" has been verified by the committee. For verification of compliance of depth criteria below the ground level, pipeline got opened at 02 places (site 1. Near road (geo-co-ordinate 22.32493, 76.52460)Site 2. About 400m away from Site 1 (geo-co-ordinate 22.32940, 76.52330)) by removing the soil over the pipeline by JCB, and it has been found that soil depth over the pipeline was more than 1.5 meter i.e. 2.3m & 1.75m respectively.
As explained above, it was found that pipeline is being laid 1.5 meter below the general ground level in compliance of conditions of FC & EC. However, in EC condition of 1.0 meter depth below the general ground level has been given.
5. Failed to take due care for boundary walls of both sides were pipelines are being laid down and violation of forest clearance condition by constructing house in forest area:
Applicant has raised point regarding failed to take due care for boundary walls of both sides were pipelines are being laid down and violation of forest clearance condition by constructing house in forest area. In this regard it is submitted that there is no condition given in FC & EC for construction of boundary wall on both sides of pipeline.
6. Dumping of excavated soil from Forest Block No. 285 of the reserve forest on the land located outside the forest area and dumping of excavated soil in non designated forest area :
Applicant has raised point regarding dumping of excavated soil from Forest Block No. 285 of the reserve forest on the land located outside the forest area.
The fact has been verified by the Committee and found that soil &boulders (debris/mucks) generated during construction of 11 pump house and approach channel have been dumped in the area, which was diverted by the Government of India, Environment & Forest Ministry vide letter no. 8-64/84 FC dated 07/10/1987 for the component "submergence" in the "Indira Sagar Project". No new forest area has been used for dumping the muck but as per the prevailing guideline Para 5.6 of the Handbook (FCA, 1980), prior approval of Govt. of India should be obtained under the provision of re-diversion/change in land use. Hence, this can be considered as violation of conditions under the provisions of FCA, 1980.
It is submitted that the above soil and boulders are the property of forest and it is being dumped on diverted forest land and not the land located outside the forest, hence the content in the application in this regard is not based on facts.
7. Illegal construction of water tank by encroaching forest land:
Joint Committee has observed the location and status of water tank. It has been found that a concrete water tank was constructed earlier, which has been dismantled and demolition waste is yet to be lifted.
The Project representatives and NV Division No. 32, Barwah Officers has explained that a water tank of size 9x5x1.5 meters was constructed in February 2020 near pump house no. 1 within project site but after taking objections from Forest Department, the tank was dismantled in August 2020 and the information with regard the same was submitted by Executive Engineer, NV Divison No. 32, Barwah to the Forest Department vide letter dated 20/08/2020. The Committee found that a part of the tank was found projected beyond the diverted forest land but it was found dismantled at present; however residue of tank walls was already in existence, which has to be removed by the Project Authorities. This is a violation of FC conditions and Forest Department has to take action by imposing penalties etc.
8. Excavation of underground water and utilized against the rules and conditions incorporated in the FC & EC Clearances:
The Joint Committee has observed the location of bore-well excavated by the project on diverted land on pump house site. Project Proponent has submitted that the water from bore-well is 12 used for drinking purpose. Approx 5000 liter per day water is taken out from the bore- well by submerged pump installed. PP has provided a copy of letter dated 08/04/2024 originally submitted to Regional Directorate, CGWB Bhopal regarding calculation of daily water requirement/extraction for the project site.
A copy of Guideline for Estimation of Water Requirement for drinking and domestic use issued by Central Ground Water Authority has also been submitted by the project proponent. Consolidated MoJS Guidelines to Regulated and Control Ground Water Extraction in India (MoJS Notification dated 24/09/2020 with Amendment notification dated 29/03/2023) has been also been submitted. As per the guideline of MoJS, it has been explained that all industries/mining projects/infrastructure projects drawing ground water only for drinking/domestic purposes upto 5 Cum/day are exempted from seeking No Objection Certificate from CGWA.
The project proponent has submitted annual returns regarding water consumption to the Labour Officer Khandwa (M.P.). Copy of annual returns submitted on 29/01/2021, 29/01/2022, 23/1/2023 and 25/01/2024 are enclosed as Annexure-15, 16, 17 & 18. As per the returns submitted to the Labour Department Khandwa, water consumption is less than 5000 liter/day.
It is also submitted that the Project has established the bore-well on diverted forest land for drinking water and project work without permission of the Forest Department, hence the Divisional Forest Officer (DFO) Khandwa vide their letter dated 12/04/2024 informed that penalty will be imposed as per rules after taking legal action.
9. No field survey by the Officers for Forest Diversion was conducted to have protection of rare animal species and their natural habitations including reserved forest of Chandgarh and Mundi :
It is submitted that the project has got approvals from different concerned departments of State & Central Government. Forest Department & NV Division No. 32, Barwah has done required field survey and prepared DPR etc. hence the contention regarding no field survey by the Officers is not based on facts.
10. Not taken necessary NOC/Clearances from affected Village Panchayat and Joint Forest Management Committee in 13 compliance of Condition No. 26 of the Environmental Clearance :
Condition no. 26 of the Environment Clearance is as follows:
"26. PP will obtain other necessary clearances/NOC from respective authorities."
In compliance of above condition of the EC, it is mentioned here that Project has obtained Environment Clearance and Forest Clearance. In process of obtaining EC, there is provision of public hearing, which was conducted at 04 places i.e. Village- Pamakhedi, Tehsil- Punasa, District-Khandwa, Village-Daulatpur, Tehsil-Sonkacch, District-Dewas, Village-Palsawad, District-Sajapur and Village Mehatwada, Tehsil-Jawar, District-Sehore. Village Panchayats were already informed regarding public hearing and their objections/suggestions were considered prior to issue EC. The condition in EC has also not specified the name of authority to obtain clearance/NOC. Therefore, objections raised in the application is far from the facts.
4.0 Conclusion & Suggestions:
1. During the visit, this was informed to the committee members that out of total forest area of 160.05 ha. has been diverted for construction of the project, forest area is demarcated and been used by the Project Proponent. The fact is also verified by the committee after comparing the KML file was submitted in the proposal prior approval of Govt. of India and the KML file being created after demarcation of the forest boundary.
2. During the site visit, it was confirmed that the Project Proponent has violated the condition no. 3 and 11 of the Forest Clearance accorded vide letter dated 28.07.2020. The component wise break up was not elaborated or clear in the proposal submitted to the Govt of India under the provision of FCA, 1980. Switchyard, operator rooms, water tank (now demolished), tube well (now demolished) and cement mixture plant (temporary component in the project) have been constructed in the area designated for the construction of the component pump house. Hence, layout plan of the project has been changed and forest land has been used for the purposes other than specified in the project proposal without prior approval of Govt. of India.14
3. The State Government should ensure necessary actions in the project as per the rules mentioned in the prevailing guideline para 1.16 of the Handbook, which are as follows:
Para 1.16. Ex-post Facto approval and Penal Provisions: Proposals seeking ex-post-facto approval of the Central Government under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 are normally not to be entertained. The Central Government will not accord approval under the Act unless under exceptional circumstances that may justify the case. In such cases Central Government shall ensure penalty from user agencies/State as follows:
(i) In cases where the proposal under Van (Sanrakshan Evam Samvardhan) Adhiniyam has not been submitted and forest land is diverted without FC (a) The diversion of forest land for non-forestry purposes without the prior approval of the competent authority in the State will be dealt under the provisions of Indian Forest Act 1927 and other State Acts dealing with the conservation of Forests by the State Government concerned. The land in question will not be considered as diverted under Van (Sanrakshan EvamSamvardhan) Adhiniyam,1980 and the status of the land shall continue to beforest.
"The 45 Sqm. area which was illegally encroached for the purpose of constructing the water tank (size 9 meter x 5 meter x 1.5 meter already dismantled) and demolished later on. The action under violation shall be ensured as per the above Para 1.16 (i)(a) of the Handbook."
(iii) Violation /non-compliance of any conditions imposed while granting approval under The Van (Sanrakshan Evam Samvardhan) Adhiniyam:
(a) In such cases the penalty will be imposed on the recommendation of the Dy. Director General of Forests (Central), Regional Office in whose jurisdiction the alleged violation has occurred. The violation will be reported to REC/AC and the committee will give time to comply the conditions within stipulated time.15
(b) In case the offence is proved then the penalty shall be imposed for violation committed over forest area without approval equal to twice the normal NPV.
"The action under violation shall be ensured as per the above Para 1.16 (iii) (a) & (b) of the Handbook for the area being utilized for the construction of component switchyard, operator rooms, tube well (now demolished) and cement mixture plant (temporary component) on account of violating the condition 3 and 11 of forest clearance.
4. This is evident that muck was dumped in the area which was already been diverted in some other project (Indira Sagar Project) for the purpose of "submergence", hence change in land use has been carried out without prior approval of Government of India. Prior to this use, the proposal for re- diversion/change in land use should have been submitted as follows as per guideline Para 5.6 of the Handbook:
Para 5.6 Re-diversion/Change in land use : In case of change in land use of forest land becomes necessary for the same project and same purpose by the same user agency and in case the re-diversion of a forest land becomes necessary for a different purpose by the same of different user agency, it may not be prudent for the Ministry to authorize the user agency to undertake such changes in land use changes at their own level as there is the possibility of misuse of such dispensation by the user agency. Such proposals pertaining to change in land use or re-diversion of already diverted forest land shall be examined on merits by the Ministry on case-to-case basis. The user agency shall submit online application for re- diversion or change in land use in the prescribed Form on PARIVESH. The following guidelines needs to be abided while considering the change in the land use or re-diversion proposals:
(i) Previously, if CA, NPV, etc., were exempted but proposed change in land use or re-diversion is not falling under the category of non-forestry activity which is/are not exempted from such levies or if NPV & CA have not been realized during the earlier 16 approval period, then the User Agency shall make a payment towards all such levies / CA area over non-
forest area proportionate to the extent of forest area proposed for re diversion;
(ii) Railways may require to convert the conventional system to the electrification of railway lines, in such change of land use cases, if no fresh forest area is required and such new component can be taken up within already diverted area without violating any such norms under others acts / rules, in such cases permission from the central government is not required and the UA may seek prior permission of the State Government in letter form and may make necessary changes as required. Details of such approvals accorded by the State/ UT may be submitted to the concerned ROs. This relaxation will not applicable to the projects falling in PAs. Similarly, for conversion of over head transmission line to underground lines, the above procedure shall be applicable.
(iii) In case of transfer with re-diversion proposals, the proposed use should be compatible with the primary use and should not hinder it. A written consent from the primary user agency should be submitted without insisting any payment or charges from the new agency such written consents.
(iv) In case the primary user agency refuses to give its consent, and the User Agency seeking re- diversion feels that the other use is compatible with and does not in any way hinder the primary use, the State / UT Nodal Officer who will after hearing the primary user giving him advance notice, give his agreement for the re-diversion or otherwise giving reasons for his decision in the form of a note while forwarding the proposal to the MoEF & CC / RO as the case may be for decision on re-diversion.
(v) While permitting re-diversion, Central Government may if considered necessary modify original conditions or impose additional conditions to be fulfilled by the primary user agency and conditions (including rights and responsibilities to be fulfilled by the secondary 17 User Agency along with payment for (i) payment of NPV at the applicable rates; and
(vi) The State/ UTs Government may consider the acceptance of NoCs issued by State PWD/NHAI or other similar agencies for setting up of retail outlets under Rows at any level on PARIVESH portal. The undertaking along with acknowledgment of the agencies owning RoW from the user agency stating that they have initiated the process of obtaining NOC may be considered for initial submission of proposal on PARIVESH. It is also to clarify that the process of obtaining NOC and its submission must be completed before the submission' of such proposals to Regional Office, provided that no such proposals in any case give rise to a situation of fate accompli or involved in violations of Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 or other related Central or State Acts.
(vii) Proposals of re-diversion falling in the RoW of roads, already put to non-forestry use, shall be dealt as per the guidelines given under chapter - 4 of the Hand book.
"The proposal considering the provisions of Para 1.16. (Ex- post Facto approval and Penal Provisions) and Para 5.6 (Re- diversion/Change in land use) is required to be submit by the State Government for muck dumping."
5. The plantations done under compensatory aff.orestation as per the proposed scheme. The boundary demarcation is in good condition and the survival percentage is satisfactory considering the shortage of water for irrigation in the plantation site. The committee found that there is a critical problem of water at the plantation site and hence suggested to the State Government that the solar base bore well system can be tried on trial basis in such areas for the irrigations. This is further suggested that state Govt should do some R&D to create hardy varieties of indigenous tree species for such water scarcity climatic conditions.
6. Compensatory Aforestation (CA) has been carried out on the lands allotted for the purpose by the Forest Department 18 Shajapur. The plantation requires regular watering and placement plantation on the pits were plants could not survived so far. Regular monitoring by the Forest Department should be conducted and it is also to be ensured that plants survival rates should be increased.
7. Project Authorities has constructed tube-well, water tank, staff quarters, switch yard, RMC Plant without due permission of Forest Department, the Forest Department should take care of it and take necessary action and imposed penalty as per rule and project authorities should be directed to do the activities with due permission of the concern departments.
8. The Project Authorities improved the dust mitigations measures by providing regular water sprinklings over the roads and dumped soil/boulders for control of dust and ensure compliance of EC conditions.
9. The Project Authorities shall identify the site for Construction & Demolition waste processing and disposal in compliance of EC conditions.
5. Notices were also issued to the respondents and the respondents no. 4 and 5 filed reply and submitted that on 05.01.2018, a Notice inviting Tender for development of state irrigation infrastructure was floated by Narmada Valley Development Department, Government of Madhya Pradesh for ISP Kalisindh Phase 1, Micro Lift Irrigation scheme to irrigate 100000 Ha command areas of Dewas, Shajapur, and Sehore District ("Project"), as a solution to address the farmers' issue of water scarcity in this area. The said Project was subsequently awarded to Respondent No. 4 and an Agreement dated 07.05.2018 was executed between Respondent No. 4 and Respondent No. 3 for the said purpose. The Project is aimed at implementation of an irrigation network for micro lift irrigation in the districts of Dewas, Sehore and Shajapur along with its intake situated in Khandwa District, in order to provide irrigation facilities to the water-scare areas and further improve the living standard of farmers.
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6. Pursuant thereto, Respondent No. 3 had represented to have procured all approvals from the respective authorities related to the Project construction including Environmental Clearance ("EC") by M.P. State Environment Impact Assessment Authority ("MP-SEIAA") Bhopal on 24.06.2019 and Forest Clearance C'FC") from Ministry of Environment, Forest and Climate Change on 28.07.2020, as well as drawings, for carrying out the Project smoothly. The main object of executing an irrigation infrastructure project is to improve the ecological balance of command area and the Answering Respondents, throughout the execution of the Project, have aimed at fulfilling the said object while safeguarding the forest and environment and based on the approvals obtained by Respondent No. 3, the Answering Respondents commenced the execution of the Project and hence, are not in violation of any conditions of the EC and FC or any other provisions of law till date. The Answering Respondents reaffirm their commitment to safeguard and preserve the environment at all costs and emphasize that they have no intention of disregarding any regulations or engaging in activities that could harm the environment or local communities.
7. The EC and FC clearances have been granted to Respondent No. 3 and no condition imposed in the EC or FC has been violated by the Answering Respondents, as alleged or otherwise. That in the captioned application, the applicant has failed to establish with substantial evidence that the conditions of the EC and FC granted to respondent no.3 are violated to cause any adverse impact on the environment, much less cause any loss or injury to the applicant.
8. Respondent No. 3 had obtained diversion of 160.055 hectares (71.784 ha. ofK.handwa Forest Division & 88.271ha. of Dewas Forest Division) 20 Forest land for construction of ISP-Kalisindh Link Project in favour of Executive Engineer, Narmada Development Division 32, Barwah, District-Khargone. As per Condition No. 3 of the FC, Compensatory Afforestation was to be done over an area of 170.00 Ha by the Forest Department at the cost of the user agency. Accordingly, land for Compensatory Afforestation was handed over in Agar-Malwa district in the villages of Dehriya, Susner, Jamli and Chipiya and plantation was carried out by the Forest Department. Furthermore, the Forest Department has also maintained the records of the plantation online in plantation monitoring system.
9. The cost for afforestation (Net Present Value of that date) has already been deposited by Respondent No. 3, Forest Division Khandwa and Dewas under Compensatory Afforestation Fund Management and Planning Authority (CAMPA) head. To that end, Respondent No. 3 has deposited INR 7,08,81,613/- for Forest Division Dewas and INR 5,76,42,552/- for Forest Division Khandwa, amounting to a total of INR 12,85,24,165/-. Additionally, an amount ofINR 89,50,328/- (10% of the amount of compensatory afforestation i.e., INR 8,95,03,282/-) has also been deposited by Respondent No. 3 towards observation. Furthermore, INR 63,60,354/- and INR 1,23,44,436/- have been deposited to Forest Division Dewas and Forest Division Khandwa respectively, through the e- portal of Madhya Pradesh Government under revenue heads of (0406) Forestry and Wildlife, (01) Forestry, (800) Other Receipts and (0229) Miscellaneous Receipts. The same is clearly reflected in the Letter No: S. No./F-3/88/2018/10-11116/2154 dated 02.07.2019 issued by Additional Principal Chief Conservator of Forest (Land Management), Bhopal, Madhya Pradesh to Forest Divisional Officers of Dewas, Khandwa and Shajapur.
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10. Categorically dealing with the allegations of the Applicant and rendering its observations on the same. In respect of the alleged violation of Condition No. 3 of the FC, dealing with the issue of Compensatory Afforestation, it has been noted by the Joint Committee that the plantation has been carried out by the Forest Department. The Joint Committee also observed that the boundary demarcation is in good condition and the survival percentage is satisfactory, considering the shortage of water for irrigation in the plantation site. Hence, no violation or deficiencies in Compensatory Afforestation have been found by the Joint Committee in its Report, especially on part of the Answering Respondents.
11. The excavated soil/boulders generated during construction of Pump Houses and Approach Channel have been dumped on diverted land of Narmada Valley Development Authority ("NVDA"), Respondent No. 3 herein, which was diverted by the Department of Environment, Forests and Wildlife, Ministry of Environment and Forest, Government of India vide letter no. 8-646/84 FC dated 07.10.1987 for the component "submergence" in the "Indira Sagar Project". The land has been handed over to Respondent No. 3 and is under the control of Narmada Vikas Division No. 32 Barwah. In fact, pursuant to directions of Forest Divisional Officer, Khandwa vide its letters dated 21.03.2024 and 26.03.2024, a Joint Committee was constituted to inspect the Project site on 27.03.2024, which observed that 4,25,000 cum of excavated soil from the Pump Houses and Approach channel is being dumped on the abovementioned diverted land, handed over to Respondent No. 3. Notably, the aforesaid diversion ofland has also been verified in the Joint Committee Report and it has been observed that the soil and boulders, which are the property of the forest, are being dumped on diverted forest land of submergence area and not the located outside forest, as alleged by the Applicant. Furthermore, it is worthwhile to point out that the 22 Forest Range Officer, Chandigarh vide its letter dated 12.11.2020, had acknowledged the use of diverted land for dumping purposes by Respondent No. 3 for the Project.
12. The Applicant has alleged that the unauthorized dumping of soil/boulders is a violation of Condition No. 25 of the EC and is causing air pollution in the vicinity. In this regard, it is submitted that since the excavated soil is not being dumped in an open area and is being utilized for backfilling purposes after the construction of pump houses, there is no air pollution caused in the vicinity. Moreover, the backfilled soils are also being compacted up to the optimum level. Furthermore, it is stated that the Answering Respondents have undertaken several measures for proper disposal of hazardous wastes, oils, batteries and other major pollutants in order to fully comply with the aforesaid condition.
13. It is further argued that the project proponent is regularly sprinkling water to mitigate the dust and further that pipeline has been lay out as per approved plan and well within the knowledge of the forest department and lay out plan has never been changed. Construction of Pump Houses consists of various components including Pump and Motor Erection Place, 132 KV switch yard staff quarters and electrical building.
14. It is submitted that the concrete water tank was a temporary structure, constructed specifically for mixing concrete and was dismantled in the month of August 2020. During this interim period, it was suggested by Respondent No. 3, vide its Letter dated 09 .06.2020, that the said water tank can be utilized by forest officials to provide drinking water for animals and for plantation purposes. The Joint Committee constituted by this Hon'ble Tribunal has also observed that the water tank has now been dismantled. As such, currently, there is no encroachment of the forest land. The aforesaid fact had also been duly 23 noted by Forest Range Officer Chandigarh in the Letter dated 12.11.2020.
15. The pipeline is being laid out as per approved drawings and norms maintaining the specific cover depth contained in the EC and FC. As per Condition No. 2 of the FC, "The pipeline shall be laid down 1.5 m below the ground and after laying down of the pipeline the ground will be leveled". The Answering Respondents have leveled the ground accordingly and no open chambers/excavated area is being left out. In fact, pursuant to directions of Forest Divisional Officer, Khandwa vide its letter dated 21.03 .2024, a Joint Inspection was carried out at the Project site on 27 .03 .2024 wherein it was confirmed that the pipeline has been laid out in due compliance of Condition No. 2 of the FC. In compliance of the directions issued by Forest Divisional Officer, Khandwa, the Forest Range Officer, Chandigarh directed his team to be present for the site inspection.
16. No labour camp has been established on the forest land. The structure established by the Answering Respondents is temporary and built on a Private Land at Pamakhedi Village, which is outside the Forest area. Therefore, there is no permanent structure built by the Answering Respondents as a labour camp, in violation of General Condition No. 4 of the FC. Moreover, the Joint Committee Report also records that no labour camp was observed in the forest area during the inspection of the site held on 10.04.2024. Pertinently, the structures assumed to be labour camp by the Applicant, were, infact, maintenance staff quarters.
17. However, the Joint Committee has observed that such staff quarters built on diverted forest land were not added by the Answering Respondents in its layout plan submitted earlier for clearance from Forest Department and therefore, tantamount to change in the layout plan. In this context, it is submitted that staff quarters are in line 24 structures forming part of the Pump House. The same have been constructed at a safe distance from the location of pumps, motors & heavy electrical items to accommodate the staff during the operation and maintenance stage of the Project, who are also required to undertake security and preventive measures. It is pertinent to note that, without these staff quarters, which provide essential manual control over the Pump Houses, there would be an increased risk of safety issues, accidents, and potential disasters.
18. Additionally, it is submitted by the Answering Respondents that two tubewells, only one of which is operational, have been installed for extracting groundwater on the pump house site. It is submitted that the extracted water is being utilized solely for drinking purposes for the employed staff and workmen/labour during the construction stage of the Project and will also be required in future during the Operation Stage, for the staff/workmen who will be handling the maintenance and operation of project pumps at Intake Complex (i.e., place consisting of Pump House 1 and Pump House 2). In this regard, it is pertinent to draw reference to the Guidelines, which regulate and control ground water extraction in India, issued by the Ministry of Jal Shakti on 24.09.2022 (amended on 29.03.2023). The Guidelines clearly state that, "All Industries/ Mining projects I Infrastructure Projects drawing ground water only for drinking/domestic purposes upto 5 Cum/day in all assessment units"
are exempted from seeking No Objection Certificate. It is submitted that the daily consumption units of the Answering Respondents are within permissible limits of 5Cum/day (or 5000L/day) of ground water extraction for which a No-Objection Certificate is not required to be obtained. Furthermore, it is brought to the notice of this Hon'ble Tribunal that a Show Cause Notice dated 13.03.2024 was issued by the Ministry of Jal Shakti to the Answering Respondents in this regard, to which a Reply dated 12.04.2024, stating the aforementioned reasons for 25 extraction of groundwater was submitted by the Answering Respondents.
19. In its Report, the Joint Committee has made certain observations regarding construction of switch yard and RMC Plant not being reflected in the layout plan submitted by the Answering Respondents for clearance from the Forest Department. In this regard, it is submitted that similar to the staff quarters, switch yard is also an inline structure and a component of the pump house. It is located at a distance from the Pumps & Motors to ensure safety as there is involvement of High Voltage Electricity and that 132/11 kV outdoor switchyard is necessary to control the voltage through transformers and keep the pumps and motors functional.
20. In respect of the installation of RMC Plant on the diverted land, it is submitted that the RMC Plant was a temporary structure which was installed to cater to the mass concreting of the pump houses. Moreover, the Joint Committee has also reported that the Answering Respondents had obtained the consent to establish and operate the same from Madhya Pradesh Pollution Control Board (MPPCB), which was valid up to 25.02.2022 and the authorization whereof is valid upto 2026. At present, the RMC Plant was found inoperative for last 02 years.
21. In view of the foregoing, it is submitted that the Answering Respondents have not violated any conditions of the EC and FC, as alleged or otherwise and further that throughout the execution of the Project, they have fulfilled their commitment to safeguard and preserve the environment at all costs and engaged in no activities that could potentially harm the environment or local communities. Throughout the Project, the Answering Respondents have undertaken best efforts to safeguard the forest and environment in the concerned area, and that no 26 full-grown trees have been cut by Answering Respondent No. 4 itself. The trees have been deforested by the forest officials themselves after approval of alignment, obtaining necessary permissions from their senior personnel and clearances from Ministry of Environment, Forest and Climate Change, Government of India. It is worthwhileto point out that Punchnama was also prepared at the time concerning the alignment for tree cutting, which is available with the Forest Department. In this regard, reference is drawn to the Letter dated 06.09.2019 issued by Office of Executive Engineer (Division No. 32), NVDA wherein it was stated that specific directions be passed to expedite the process of cutting of trees by Forest Officials in order to complete the Project within specified time frame.
22. During the process of obtaining EC, public hearings were conducted from 12.02.2019-15.02.2019 at 4 places i.e. Village-
Pamakhedi, Tehsil-Punasa, District-Khandwa, Village-Daulatpur, Tehsil-
Sonkacch, District- Dewas, Village-Palsawad, District-Sajapur and Village- Mehatwada, Tehsil-Jawar, District-Sehore and the Village Panchayats were already informed regarding the public hearings and their objections/suggestions were considered prior to issuance of EC.
Many other government officials of the various government departments attended the public hearings. It is submitted that after completion of public hearings, a meeting was held on 05.03.2019 with SEAC for finalization of Environmental Impact Assessment Study and the Report was forwarded to the State Environment Impact Assessment Authority (SEIAA). True Copy of the minutes of the 349th meeting of the State Expert Appraisal Committee (SEAC) dated 05.03.2019 is annexed herewith and marked as Annexure R-15. True Copy of the minutes of the 53P1 meeting of SEIAA held on 18.03.2019 at the Authority's Office in Enviromnental Planning and Co-ordination Organization (EPCO), 27 Paryavaran Parisar, Bhopal is annexed herewith and marked as Annexure R-16. Pursuant thereto, Respondent No. 3, via Letter dated 10.05.2019, intimated the Additional Principal Chief Conservator of Forest (Land Management), Bhopal regarding the conduct of public hearings.
23. The particulars of public hearings conducted have been stipulated in detail in the Executive Summary dated 19.02.2019 for the Environmental Impact Assessment Study conducted in respect of the Project. The Executive Summary mentions that the public had unanimously asserted that the Project should be implemented at the earliest for reaping the irrigation benefits. True Copy of the Executive Summary dated 19.02.2019 for the Environmental Impact Assessment Study conducted in respect of ISP Kalisindh Micro lift Irrigation Scheme, MP is annexed herewith and marked as Annexure R-18. The Final Report of the Environmental Impact Assessment Study also contains relevant information pertaining to the public hearings including the suggestions/comments of various stakeholders, demonstrating that proper public hearings were conducted prior to grant of EC.
24. Respondent no.3, Narmada Valley Development Authority has filed the reply and learned counsel for the respondent has submitted that Respondent hereby affirms and assures that no conditions of Environmental Clearance and Forest Clearance have been violated in any manner whatsoever. The Respondent underscores its unwavering commitment to full compliance with all relevant environmental and forest preservation regulations, as stipulated by the appropriate authorities. Furthermore, the Respondent emphasizes its utmost regard for the preservation of forests and the environment at large, acknowledging the critical importance of maintaining ecological balance and protecting 28 natural resources. The Respondent has implemented stringent measures and continuous monitoring processes to ensure that all activities undertaken are in strict adherence to the stipulated conditions of the Environmental Clearance and Forest Clearance. Any deviations or non- compliance issues, if identified, are promptly addressed with corrective actions to mitigate any potential environmental impact. This affirmation is made to convey the Respondent's dedication to sustainable development and environmental stewardship, aligning with both legal requirements and the broader objective of fostering environmental conservation. The Respondent remains committed to transparency and accountability in its operations, continually striving to enhance its environmental performance and contribute positively to the conservation of forests and natural habitats.
25. The implementation of Phase 1 of the Kalisindh Irrigation Project was sanctioned by the government under public interest on 19.04.2018, wherein approximately 1,00,000 hectares of land for cultivation and farming across 288 villages in the districts of Dewas, Sehore, and Shajapur will be irrigated. That for this project, a total of 71.780 hectares of forest land in the Khandwa Forest Division and 88.271 hectares in Dewas have been surveyed, approved and diverted by the Ministry of Environment, Forest and Climate Change, Government of India (hereinafter referred as ―MoEF&CC‖), vide letters numbered No.6- MPA07/2019-BHO/426 dated 28.05.2019 and No.6-MPA07/2019- BHO/612 dated 28.07.2020. Furthermore, land for Compensatory afforestation has been allocated in Agar Malwa district, comprising 30 hectares in Gram Jamli Survey No. 1088/2, 55 hectares in Gram Chipiya Survey No. 1343/1/1, and 85.70 hectares in Gram Dehariya Susner Survey Nos. 1037, 1039, 1041, and 1047, where afforestation has been carried out.
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26. Thereafter, Notice Inviting Tenders were floated for the construction of Phase 1 of the Kalisindh Irrigation Project and the same was awarded to one Larson & Toubro Limited (Respondent No. 4) and thereafter an agreement was executed between the answering respondent and Respondent no. 4. area earmarked for the implementation of the aforementioned project lies within the reserved forest area of Chandgarh, in the Beet Bakapalas compartment number 285. That the demarcation of this area has been completed, and trenches have been constructed.
27. That in compliance of Stage -- I Forest Clearance Collector, Agar has allotted a total of 170.70 hectares to the Forest Department for compensatory afforestation. That for the convenience of this Hon'ble Tribunal, detailed tabular representation of land transferred for compensatory afforestation is herein below :-
S. no District Case no. Tehsil Village Survey no. Area (hectare) 1 Agar, Pra. Kra.38/Aa- Badod Jamili 1088/2 30.00 Malwa 19(3)/2017-18 dated 14.09.2018 2 Pra. Kra.39/Aa- Badod Chipiya 1343/1/1 55.00 19(3)/2017-18 dated 31.09.2018 3 Pra. Kra.3 /Aa- Susnera Dehriya 1037, 85.70 19(3)/2017-18 Susnera 1039, dated 1041, 14.09.2018 1047
28. For compensatory afforestation in total amount of Rs. 8,95,03,2821- has been paid in CAMPA head against compensatory scheme and 89,50,3281- has been paid to District Forrest Officer Shajapur, as supervision Fee and thereafter the same is the scope of DFO, Shajapur.
29. All excavated soil obtained from the forest area remains the property of the forest itself. This soil has been meticulously kept and stored within the boundary limits of the diverted land to ensure proper 30 management and containment. Measures have been implemented to prevent dust pollution, including regular watering and rolling of the dumped soil, thereby maintaining environmental standards and preventing any adverse impacts on air quality. In response to the Divisional Forest Officer Khandwa's correspondence, the answering respondent has provided comprehensive replies vide letters dated 09.06.2020 and dated 20.08.2020. These communications include detailed information on the demarcation of the diverted forest land and demonstrate full compliance with all objections raised by the Divisional Forest Officer. The Respondent reiterates its commitment to adhering to all regulatory requirements and maintaining transparency in its operations, ensuring that all actions are in alignment with environmental preservation and legal mandates.
30. The answering respondent has obtained No Objection Certificates from affected Gram Panchayats. That Public hearings for the ISP- Kalisindh Micro Lift Irrigation Scheme were conducted by the Madhya Pradesh Pollution Control Board (MPPCB) and chaired by the Additional District Magistrates of the respective districts on the 12th, 13th, 14th, and 15th of February 2019. These proceedings are documented in the Minutes of the 531st Meeting of SEIAA dated 18.03.2019. The relevant extract from Minutes of the 531st Meeting of SEIAA dated 18.03.2019 are marked and annexed herewith as Annexure R3/7.
Date Panchayat
12.02.2019 Gram Panchayat Bhawan, Village Daulatpur, Tehsil
Sonkatch, District- Dewas.
13.02.2019 Gram Panchayat Bhawan Village Pamakhedi, Tehsil
Punasa, District- Khandwa
14.02.2019 Gram Panchayat Bhawan Village Palsawad, Tehsil
Shajapur, District- Shajapur
15.02.2019 Gram Panchayat Bhawan Village Mehtawara, Tehsil
Kawar, District- Sehore
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31. A comprehensive field survey was conducted for the project within the Chandigarh and Mundi ranges prior to the approval of forest clearance. This detailed survey meticulously identified and cataloged all trees within the proposed forest land slated for diversion. Each tree was counted and classified according to its specific category, ensuring an accurate and thorough assessment of the environmental impact. The findings from this exhaustive survey were integral to the forest clearance process, providing essential data for informed decision-making and compliance with relevant environmental regulations.
32. The submission of the learned counsel for respondent no.8, Divisional Forest Officer, Khandwa are that the implementation of Phase 1 of the Kalisindh Irrigation Project was sanctioned by the government under public interest on 19.04.2018, wherein approximately 1,00,000 hectares of land for cultivation and farming across 288 villages in the districts of Dewas, Sehore, and Shajapur will be irrigated. That for this project, a total of 71.780 hectares of forest land in the Khandwa Forest Division and 88.271 hectares in Dewas have been surveyed, approved and diverted by the Ministry of Environment, Forest and Climate Change, Government of India (hereinafter referred as ―MoEF&CC‖), vide letters numbered No.6-MPA07/2019- BHO/426 dated 28.05.2019 and No.6-MPA07/2019-BHO/612 dated 28.07.2020. Furthermore, land for Compensatory afforestation has been allocated in Agar Malwa district, comprising 30 hectares in Gram Jamli Survey No. 1088/2, 55 hectares in Gram Chipiya Survey No. 1343/1/1, and 85.70 hectares in Gram Dehariya Susner Survey Nos. 1037, 1039, 1041, and 1047, where afforestation has been carried out.
33. Thereafter the area earmarked for the implementation of the aforementioned project lies within the reserved forest area of Chandgarh, 32 in the Beet Bakapalas compartment number 285. That the demarcation of this area has been completed, and trenches have been constructed. The execution agency, Larsen & Toubro Limited (hereinafter referred as ―L&T‖) was allocated the tender from Narmada Valley Development Authority, Division 32, Badwah, effective from 12.04.2021 and an agreement was executed. The Chandgarh survey area spans 51.034 hectares, with a forested area of 20.95 hectares.
34. It is further submitted that Collector, Agar has allotted a total of 170.70 hectares to the Forest Department for compensatory afforestation. Detailed tabular representation of land transferred for compensatory afforestation is herein below :-
S. no District Case no. Tehsil Village Survey no. Area (hectare) 1 Agar, Pra. Kra.38/Aa- Badod Jamili 1088/2 30.00 Malwa 19(3)/2017-18 dated 14.09.2018 2 Pra. Kra.39/Aa- Badod Chipiya 1343/1/1 55.00 19(3)/2017-18 dated 31.09.2018 3 Pra. Kra.3 /Aa- Susnera Dehriya 1037, 85.70 19(3)/2017-18 Susnera 1039, dated 1041, 14.09.2018 1047 That the copies of Orders in Case numbers प.क.38/अ-19(3)/2017-18 Dated 14.09.2018; प.क.39/अ-19(3)/2017- 18 Dated 31.09.2018;
प.क.35/अ-19(3)/2017-18 Dated 31.08.2018 are marked and annexed herewith as Annexure R-5 (Colly.)
35. Thereafter, afforestation was carried out on the aforementioned land, and that for the convenience of this Hon'ble Tribunal the details of afforestation are reproduced herein below :
S. no District Tehsil Village Survey no. Area No. of (hectare) Plants planted 1 Agar, Badod Jamili 1088/2 30.00 30,000 2 Malwa Badod Chipiya 1343/1/1 55.00 51,000 3 Susnera Dehriya 1037, 85.70 80,000 Susnera 1039, 1041, 1047 33 It is pertinent to note here that after the plantation was carried out, the aforementioned land was declared as Protected Forest under the provisions of Section 29 of the Indian Forest Act, 1927 vide Madhya Pradesh Gazette Notification dated 09.07.2021.
36. It is stated that the survival rate of trees planted on the aforementioned lands have an outstanding survival rate of above 90% in all the three villages and the same can be verified from internal evaluation conducted by officials at the level of Sub-Divisional Forest Officers of various forest divisions, as per the directives of the Divisional Forest Officer, both before and after monsoon.
37. An application under the Right to Information Act (RTI) was filed by the applicant on 07.03.2023, received at the Forest Division Office, Shajapur, on 22.03.2023. Thereafter the Office of the Public Information Officer, vide letter no./RTI/A./2023/1049 dated 18.04.2023, scheduled an inspection on 01.05.2023, for which a notice was issued. However, due to non-appearance of the applicant on the stipulated date and time, the application was deemed abandoned, vide letter no./RTI.A./2023/1166 dated 02.05.2023. Thereafter the applicant filed an RTI appeal petition before the First Appellate Authority and the same was received on 01.05.2023 and a letter was dispatched for appearance at the Forest Division Office, Shajapur, on 02.06.2023. Following the hearing, the appellant was provided with partial information on points 1 and 2, free of charge, and subsequently, an order for the dismissal of the case was issued by the Appellate Officer and the Forest Division Officer, vide order no./RTI/2023/628 dated 22.06.2023.
38. Furthermore, geo-tagged photographs along with plantation site KML, of afforestation at 1088/2, Village - Jamli, Survey No. 1343/1/1, 34 Village - Chipiya and Survey No. 1037, 1039, 1041, 1047, Village - Dehriya Susner are marked and annexed herewith as Annexure R-9.
39. Four blocks measuring 11 by 16 meters each have been constructed on the diverted forest land for the operation of the pump house switchboard and for staff residence/quarters for security and maintenance and one new borewell for project work and drinking water and that the same was not part of the original project plan and therefore, legal proceedings will be initiated, and penalties will be imposed in accordance with the rule of law.
40. The Kalisindh Irrigation Project is for the welfare of the farmers of Dewas, Sehore, and Shajapur and will provide much needed irrigation to 288 villages, thereby supporting the backbone of the Indian Economy, and furthermore the land allotted to the forest department in exchange for the construction of Phase - I Kalisindh Irrigation Project has portrayed exemplary results not just in the number of trees planted, but the survivability rate as well.
41. The Madhya Pradesh State Environmental Impact Assessment Authority (MPSEIAA) was directed to submit the reply with regard to clarification on the point of requirement of EC by the MoEF & CC or the SEIAA and in compliance thereof, the respondent MPSEIAA has filed the reply and submitted that the Ministry of Environment, Forest and Climate Change (hereinafter referred as ―MOEF&CC‖) vide Notification, S.O.3067(E) dated 01.12.2009, amended the Environment Impact Assessment Notification, 2006, wherein against item 1(c), for the entries in column 5 it was added that irrigation projects not involving submergence or inter-state domain shall be appraised by SEIAA as category ‗B' projects.
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42. In compliance of aforementioned, Executive Engineer, Office of the Executive Engineer, Narmada Development Division No. 32, Barwağa, Distt. Khargone, applied for Prior Environment Clearances for ISP - Kalisindh Lift Micro Irrigation Scheme Link Project Phase-I, Lifting Point:
ISP Reservoir (Back Water) Near Banka Palas Village, Tehsil - Punasa, Distt. Khandwa (MP) to irrigate 1,00,000 Ha, of command area in Dewas, Shajapur and Sehore Districts of M.P. by lifting Water from ISP reservoir and delivering it by pressurized pipeline system for micro irrigation with the duty of 0.3204 Ips/hectare and the same was taken up in 349th Meeting of State Environment Appraisal Committee (hereinafter referred as ―SEAC‖) dated 05.03.2019, and thereafter the same was adjudicated in 549th Meeting of MP-SEIAA dated 29.05.2019, wherein the submission made by the project proponent were found satisfactory and the grant of Prior Environmental Clearance was approved along with specific and general conditions. Thereafter, Prior Environmental Clearance dated 24.06.2019 was issued in favor of Executive Engineer, Office of the Executive Engineer, Narmada Development Division No. 32, Barwağa, Distt. Khargone.
43. The standing counsel, Union of India has filed the copy of the reply of Show Cause Notice submitted by the Project Proponent and argued that pursuant to award of Tender dated 19.04.2018 by Government of Madhya Pradesh, Narmada Valley Development Department ("Employer"), L&T is executing the work of development of state irrigation infrastructure for ISP Kalisindh Phase 1, Micro Lift irrigation scheme to irrigate 100000 Ha (in words One Lakh Hectare) command areas of Dewas, Shajapur, and Sehore District as a solution to address the farmers issue of water scarcity for irrigation in this area ("Project"). The Project pertains to implementation of irrigation infrastructure and improving the economic conditions of the farmers. L&T had obtained requisite environmental clearances, forest clearance and drawing 36 approvals from relevant authorities and commenced the Project on 07.05.2018. The infrastructure projects such as Kalisindh Irrigation Project, as specified by Narmada Water Dispute Tribunal ("NWDT"), are designed after seeking due permissions from all the concerned authorities/Employer. The extracted water is being utilized for drinking water purposes for the employed staff and workmen/labour during the construction stage of the Project and will also be required in future during the Operation Stage, for the staff/workmen who will be handling the maintenance and operation of irrigation project pumps at Intake Complex (i.e., place consisting of Pump House 1 and Pump House 2). The exemption provided in the Notified Guidelines to regulate and control ground water extraction in India dated 24.09.2022, amended on 29.03.2023, issued by the Ministry of Jal Shakti ("Guidelines"), which has a retrospective effect. The Guideline clearly states that, "All Industries/ Mining projects / Infrastructure Projects drawing ground water only for drinking / domestic purposes upto 5 Cum/ day in all assessment units" are exempted from seeking No Objection Certificate.
44. Learned counsel for the MPSEIAA, Parul Bhadoria has submitted that River Valley Project involving cultural command area denies the general conditions and falls under category ‗B' and have been mentioned at serial no. 1 (C) column B of Schedule of EIA notification hence such projects are required to obtained prior EC from SEIAA and thus the application for EC was forwarded by SEIAA to SEAC for scoping so as to determined TOR to carry out EIA and prepare EMP.
45. Learned counsel for the applicant has submitted that the Joint Committee has found that without the permission from the Forest Department while constructing the Tube well, water tank staff quarter switch yard and RMC plant has been constructed by the Project Proponent which is in violation of conditions. In reply thereof, learned 37 counsel for the respondent has submitted that the switch yard operator room, water tank has now been demolished and cement mixture plant was temporary component in project and designated for the construction of the component pump house.
46. With regard to dumping of the excavated soil, it has been replied by the project proponent that the excavated soil from the pump house and the approach channel is being dumped on the diverted land handed over to the respondent no.3. construction of the water tank was temporarily structure which was later on demolished as reported by the Joint Committee and there are sprinkling of water being carried out regularly by the respondents and thus there is sufficient compliance of the conditions.
47. After perusal of the report and reply submitted by the respondents and hearing the arguments, we are of the view that the conditions of environmental clearance has been satisfactorily complied by the project proponent and further that the main object of the project is executing irrigation infrastructure to improve the ecological balance of command area and for fulfilling the said object while safeguarding the forest and environment, the required steps has been taken by the respondents.
48. Accordingly, no violation has been found, thus no further action is required to be taken by this Tribunal. However, we direct that the conditions as laid down in the EC should be periodically monitored by the State Pollution Control Board and the authorities concerned and the respondents are bound to comply the environmental conditions and to strictly observe it. State Pollution Control Board is directed to periodically monitor it and to ensure the measures which are required to be taken for compliance of the environmental conditions. 38
49. With these observations, this application stands disposed of.
SHEO KUMAR SINGH, JM DR. SENTHIL VEL, EM 27th August, 2024 O.A No. 33/2024 (CZ) PU 39