1. Welcome to the
Presentation on
Pre-operational & Environmental Mitigation
Planning for Muti-purpose Hydel Projects
By
Ravindra Nath Saxena
Principal Chief Conservator of Forests,
Madhya Pradesh

2. fxj;Lrs ioZr% fgeoUrks vj.;e~ rs i`fFkoh
L;ksueLrq
vFkZoosn
O Mother Earth! May your Mountains be show-clad
and your forests enchanting for our prosperity!
Atharrva Veda

3. Statutory provision for Environment, Forest and
Wildlife Clearances
• Environment Impact Assessment Notification, 2006 [under
Environment (Protection) Act, 1986].
• Section-2(ii), Forest (Conservation) Act, 1980.
• Section-38O(g), Wildlife (Protection) Act, 1972 – NPV is 10
times in national parks and 5 times in wildlife sanctuaries;
can seriously upset cost:benefit ratio.
Other statutory provisions, having high impact on project planning
 Panchayati-raj Extension to Scheduled Areas Act, 1996.
 Scheduled Tribe & Other Forest Dwellers (Recognition
of Forest Rights) Act, 2006
 Governance and administration of Scheduled-V and VI
areas, notified under the Constitution of India.
 Issues of Land Acquisition Act.

4. Barrier Analysis to Forest (Conservation) Act, 1980 and
Environment (Protection) Act, 1986;
• Intricately woven “forest clearance” and “environment clearance”,
but impact assessment carried by different departments of State
Government & MOEF, and two different committees – FAC and EAC
examine project proposals.
• Land is having heterogeneous origin – forest, revenue forest,
dictionary meaning conforming forests, blanket notifications.
• Frequent modifications of constitution of Assessment Committees.
• Absence of specifications of “parameters of impact assessments” in
FCA and EPA. Parameters of “impact assessment” modified
frequently by committees without any justification. Same parameter
assessed by two committees.
• Cumbersome, lengthy case assessment at several levels.
• No well established co-relation between “forest clearance” &
“environment clearance”.
• Move to amend IFA and make it PESA and ST&OTFD(RFR) Act
compliant – shall lead to lots of local socio-political interference.

5. THE CONSTITUTION OF INDIA (SCHEDULE – VI)
SIXTH SCHEDULE
[Articles 244(2) and 275(1)]
Provisions as to the Administration of Tribal Areas in 1[the States of
Assam, Meghalaya, Tripura and Mizoram]
1. Autonomous districts and autonomous regions.—(1) Subject to the provisions of this
paragraph, the tribal areas in each item of 3[4[Parts I, II and IIA] and in Part III] of the table
appended to paragraph 20 of this Schedule shall be an autonomous district.
2. Constitution of District Councils and Regional Councils.—2[(1) There shall be a District
Council for each autonomous district consisting of not more than thirty members, of whom
not more than four persons shall be nominated by the Governor and the rest shall be
elected on the basis of adult suffrage.]
(2) There shall be a separate Regional Council for each area constituted in an
autonomous region under sub-paragraph (2) of paragraph 1 of this Schedule.
(3) Each District Council and each Regional Council shall be a body corporate by
the name respectively of “the District Council of (name of district)” and “the regional
Council of (name of region)”, shall have perpetual succession and a common seal
and shall by the said name sue and be sued.

6. 3. Powers of the District Councils and Regional Councils to make laws.—(1)
The Regional Council for an autonomous region in respect of all areas within such
region and the District Council for an autonomous district in respect of all areas
within the district except those which are under the authority of Regional Councils, if
any, within the district shall have power to make laws with respect to—
(b) the management of any forest not being a reserved forest;
(2) In this paragraph, a “reserved forest” means any area which is a
reserved forest under the Assam Forest Regulation, 1891, or under any
other law for the time being in force in the area in question.
“3A. Additional powers of the North Cachar Hills Autonomous Council and the
Karbi Anglong Autonomous Council to make laws.—(1) Without prejudice to the
provisions of paragraph 3, the North Cachar Hills Autonomous Council and the Karbi
Anglong Autonomous Council within their respective districts, shall have power to
make laws with respect to—
“3B. Additional powers of the Bodoland Territorial Council to make laws.—(1)
Without prejudice to the provisions of paragraph 3, the Bodoland Territorial Council
within its areas shall have power to make laws with respect to:—
(ix)forests (other than reserved forests);
areas within such region and the District Council for an autonomous district in
respect of all areas within the district except those which are under the authority
of Regional Councils, if any, within the district shall have power to make laws with
respect to—

7. Provided that nothing in such laws shall prevent the compulsory acquisition of any land,
whether occupied or unoccupied, for public purposes 1[by the Government of the State
concerned] in accordance with the law for the time being in force authorising such
acquisition;
(b) the management of any forest not being a reserved forest;
(c) the use of any canal or water-course for the purpose of agriculture;
(d) the regulation of the practice of jhum or other forms of shifting cultivation;
(e) the establishment of village or town committees or councils and their powers;
(f) any other matter relating to village or town administration, including village or town
police and public health and sanitation;
(g) the appointment or succession of Chiefs or Headmen;
(h) the inheritance of property;
2[(i) marriage and divorce;]
(j) social customs.
(2) In this paragraph, a “reserved forest” means any area which is a reserved forest under the
Assam Forest Regulation, 1891, or under any other law for the time being in force in the area
in question.
1The words “of Assam or Meghalaya, as the case may be” omitted by the North-Eastern
Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch. (w.e.f. 21-1-1972).
2Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and
Fourth Sch., for sub-paragraph (2) (w.e.f. 2-4-1970).

8. 39. Licences or leases for the purpose of prospecting for, or extraction of, minerals.—(1)
Such share of the royalties accruing each year from licences or leases for the purpose of
prospecting for, or the extraction of, minerals granted by 4[the Government of the State] in
respect of any area within an autonomous district as may be agreed upon between 4[the
Government of the State] and the District Council of such district shall be made over to that
District Council.
112. 2[Application of Acts of Parliament and of the Legislature of the State of Assam to
autonomous districts and autonomous regions in the
State of Assam].—(1) Notwithstanding anything in this Constitution—
(a) no Act of the 3[Legislature of the State of Assam] in respect of any of the matters
specified in paragraph 3 of this Schedule as matters with respect to which a District Council
or a Regional Council may make laws, and no Act of the 3[Legislature of the State of Assam]
prohibiting or restricting the consumption of any non-distilled alcoholic liquor shall apply to
any autonomous district or autonomous region 4[in that State] unless in either case the
District Council for such district or having jurisdiction over such region by public notification
so directs, and the District Council in giving such direction with respect to any Act may
direct that the Act shall in its application to such district or region or any part thereof have
effect subject to such exceptions or modifications as it thinks fit;
(b) the Governor may, by public notification, direct that any Act of Parliament or of the
3[Legislature of the State of Assam] to which the provisions of clause (a) of this sub-
paragraph do not apply shall not apply to an autonomous district or an autonomous region
4[in that State], or shall apply to such district or region or any part thereof subject to

9. Sanctions issued by GOI & Central Water Commission
S.
No.
Particulars Target date Date of
submission
Date of
approval
1. Submission of Techno-
economic Feasibility
Report
2. Submission of Detailed
Project Report
(i) Inter-state Matters
Directorate
(ii) Hydrology Directorate
(iii) Design Directorate
(iv) CGWB Directorate
(v) Irrigation Planning
Directorate
(vi) Agricultural Planning
Directorate, MOA

10. S.
No.
Particulars Target date Date of
submission
Date of
approval
(vii) CSMRS Directorate
(ix) Cost Appraisal
Directorate
3. Environment Clearance –
Form-I Application along-
with proposed TOR
4. Rehabilitation &
Resettlement Plan
5. Forest Clearance –
submission of FCA
application with various
details & affidavits
6. Application for Wildlife
Clearance, u/s 38O(g),
WLPA to NTCA
6. NOC from Archaeological
SOI

11. THE WISDOM
Though obtaining clearances is taking 12 to 20
years. Criticizing provisions of environment,
forest, wildlife and social clearances is not the
solution of problems. Amendments shall take
very long time / amendments are not possible. It
is in our interest to know the legal provisions and
procedures very well and obtain clearances /
sanctions as early as possible.
Amendment of Schedule-VI
of the Constitution is not
possible

12. Why C.S.R. necessary?
• Established fact that rural and tribal communities can
draw “sustainable livelihood” from land related
vocations only – agriculture, forestry, horticulture,
firewood, MFP & medicinal plants collection, grazing,
etc.
• Livelihood resilience and adaptability is quite limited in
these societies. Can’t survive, if truncated from land.
• All infra-structure, mining, thermal power plant,
multipurpose river valley projects, roads, railways,
transmission lines, linear projects like canals, pipelines
etc fragment their land-holdings and definitely reduce
their access to “natural resources”.
“Sustainable Livelihood Potential” is adversly impacted

13. • All these activities adversely impact “water regime” and
“soil moisture regime” of the area leading to reduced
agriculture production and reduced access to natural
resources.
• The impacted areas are also having socio-cultural,
spiritual (Dev-sthan, sacred groves), ecological &
medicinal values also.
• Rural & tribal communities are most vocal opponents of
infrastructure projects (Dongaria Kond in Niyamgiri).
Conversely urban communities receive their
“compensation” and settle elsewhere amicably.
Why C.S.R. necessary?
“Corporate Social Responsibility” initiative is necessary to
assuage their loss of livelihood & dented feelings

14. • CSR towards “human community” – MPSFDC contributing
2% of PAT and 10% of net timber revenue according to
formula approved by the State Cabinet. MPFD is providing
10% of net timber revenue, 100% tendupatta revenue to
communities and 100% profit to Bamboo workers.
• CSR towards “Mother Earth” – because whatever humans
are doing, it is causing undesirable changes in the natural
resources and increasing “carbon foot-prints”.
• CSR towards wildlife – Mandatory under Section-38O(g) of
Wildlife (Protection) Act, 1972.
Types of C.S.R.

15. • The Companies Act, 2013 provides for spending 2% of PAT
for CSR activities – what happens if project management fails
to earn profit due to any reason (despite destroying natural
resources), consequence local communities suffer.
• The CSR cannot be deferred, but should start as pre-
operational activities to win-over confidence of local
communities. Deploy social development scientist,
sociologist, anthropologist to understand social dynamics of
the project area.
• Earliest start of CSR most desirable. Develop alternate Nistar
area before deforestation starts. Instead of felling trees,
transplant trees to agricultural-fields of R&R sites.
C.S.R. Cycle for Infra-structure Projects?

16. • Linear projects like transmission lines, gas and mineral
slurry pipelines, conveyor belts, railways, roads, canals
are most complicated projects. CSR activities should
start at conceptualization stage itself.
• CSR really matters in the “public hearing” (EIA
Notification, 2006) and meeting of “Gram Sabha”
[under Forest (Conservation) Act, 1980 & PESA].
• MP Forest Department has carried-out CSR activities on
behalf of Power Grid Corporation of India and Western
Coalfields Limited. This initiative really helped in “Land
Acquisition”.
C.S.R. Cycle for Infra-structure Projects?
Most of the corporate groups and central & state PSUs are
not having any live contact with local communities. MPFD
& MPSFDC possess support of 15228 JFMCs

17. • Section-135, Companies Act, 2013 – Every company having
networth of Rs. 500/- crores or turn-over of Rs. 100/- crores
or net-profit of Rs.5/- crore or more in any financial year
shall constitute “CSR committee of Board” with at least one
independent Director.
• “CSR committee of Board” shall formulate and approve
“CSR Plan” of the company, monitor implementation of CSR
Plan.
• Section-135(5) “CSR committee of Board” shall ensure that
the company should spend 2% PAT of past 3 years.
• Preference to the local areas of operation.
• Companies (Corporate Social Responsibility Policy) Rules,
2014.
Statutory provisions for C.S.R.

18. Pre-operational project planning
• Appoint several social development scientists,
anthropologist, sociologist for “social impact
assessment”, leading to effective “Rehabilitation &
Resettlement Plan”.
• Immediately initiate “corporate social responsibility”
prgrammes, to win-over local population.
• These initiatives shall be great help in “public hearing”
under EIA Notification, 2006 and resolution of “Gram
Sabha” under Forest (Conservation) Act, 1980.

19. C.S.R. Activities

20. BLANKET &
MOSQUITO NET
DISTRIBUTION
LPG DISTRIBUTION

21. UTENSILS DISTRIBUTION
BICYCLE DISTRIBUTION

23. Health Camps
• Health camps have been organized in 428 forest villages
and 2013 JFMCs.
• Beneficiaries have been provided vitamins & vaccination
carried-out.
• Medicines distribution & health checkup free of cost.

24. Medical Camps

25. Medical Camps

27. Joint Forest Management Committee Sports
Activities
• To encourage the participation of younger generation in JFM &
forest protection / management system. Training of sports
activities started.
• Kabaddi & Volleyball Range, Division, Circle, Zone & State level
competitions have been organized in 2011-14.

30. Forest Cover of India*
Diversion of about 300 sq.kms. forest areas (0.04%) in next 20 years can solve the
energy problems of the country. Most of these coal blocks are situated in different
micro & milli-watersheds – consequently it would not cause great
ecological problems.
Coal Blocks are site specific projects and should get priority (S.F.R., 2011 of Forest
Sites with high potential
for Hydel Power Projects
Also high vulnerability to
Schedule-VI areas, tribal
communities, FRA,
Ecologically Fragile Zones

31. FORESTS AT A GLANCE
• Geographical area – 32,87,263 sq. kms.
• Forest area – 7,57,740 sq. kms.
• Forest cover – 6,78,333 sq. kms. – the eco-resource for livlihood.
• Legal status of forest area –
A. Reserve Forests (RF) – 3,99,919 sq. kms.
B. Protected Forests (PF) – 2,38,434 sq. kms.
C. Un-classed forests – 1,36,387
• Un-culturable non-forest areas – 2,11,286 sq. kms.
• Growing Stock – 4740.858 million cubic meter
• Growing Stock / ha. – 74.42 cubic meter
• Current Annual Increment – 8.76 million cubic meter
• Current C.A.I. - 0.69 cubic meter / ha.
• Potential CAI possible - 3.60 cubic meter / ha. (Peterson’s formula)
• Simpson’s Biodiversity Index, Berger-Parker Species Richness Index,
Shannon Weiner Biodiversity Index not provide promising picture.
• Forest cover stagnant with cyclical change, qualitative
deterioration of ecological resources due to scarcity of finances.

32. Red indicates that a change in vegetation is projected at that grid in the
time-period of 2021-2050 and 2071-2100 (under A1B scenario). Green
indicates that no change in vegetation is projected by that period.
Climate Change and Forests
Vegetational changes projected by 2021-2050 and 2071-2100
Based on computer simulation models of National Remote Sensing Agency & ICFRE

33. Biodiversity Vulnerable Grids of India (marked red) in the A1B
scenario – for India - 2035 and 2085
Climate Change and Biodiversity
Vegetational changes projected by 2021-2050 and 2071-2100

34. Salient provisions of FCA
• The FCA broadly covers 4 aspects of forest
management
• The following orders can be passed by State
Governments / competent authorities, only after the
concurrence of the MoEF, GOI:
(i) De-notification of forest land (under Sections – 27 & 34A
of IFA)
(ii) Diversion of “forest land” for “non-forest” purposes
(forest land being diverted for forest management is
exempted from this provision) – Explanation inserted
below Section-2.
FCA and FRA are most important statutes for project proponents

35. Continue…
(iii) Assignment of forest land to persons,
individuals, corporate bodies, JVC,
Committees, Societies, etc., (except forest land
provided to wholly Government owned
companies for afforestation of forest species)
(iv) Forest crops cannot be felled / treated except
under a duly approved working plan. The
deviations of sanctioned prescriptions also
require sanction of MoEF, GOI.

36. Applicability of FCA
• The terms “forests” and “forest land” have not
been defined neither in IFA nor in FCA
• These terms have been defined in the order
dated 12.12.1996 of the Hon’ble Supreme
Court (Civil Writ Petition 202/95, T.N.
Godavarman Thirumulkpad ver. Union of India
& others)

37. APPLICABILITY OF FCA
FOREST LANDS
FOREST DEPARTMENT
•RESERVE FOREST
•PROTECTED FOREST
(demarcated,
undemarcated)
•UNCLASSED FORESTS
REVENUE DEPARTMENT
• REVENUE FOREST
• PRIVATE FOREST
• ANYAREA RECORDED
AS FOREST
• AREAS DEFINED AS
“FOREST” IN
DICTONARY
MEANING.
OTHER DEPARTMENTS/
MINISTERIES
• ALL DIVERTED FOREST
LAND IF NOT DENOTIFIED
• FOREST AREAS OF DAMS/
RESERVOIRS
• FIELD FIRING RANGES
• FOREST LAND PROVIDED
ON LEASE

38. COMPENSATORY AFFORESTATION
• Identification and transfer of non-forest land is most
crucial issue.
• Compensatory afforestation is one of the most
important conditions stipulated by the Central
Government while approving proposals for
dereservation or diversion of forest land for non-
forest uses.
• All such proposals should submit a comprehensive
scheme for compensatory afforestation.
• Accordingly a detailed compensatory afforestation
scheme along with details of non-forest /degraded
forest area identified for compensatory afforestation,
map, etc, is required to be submitted in the
prescribed form.

39. • The non-availability of non-forest land for CA would
be accepted by the Central Government only on the
Certificate from the Chief Secretary.
• As an exception to 3.2. (i) above, compensatory
afforestation may be raised over degraded forest
land twice in extent of the forest area being diverted
• For extraction of minor minerals from the river beds.
(however, if forest area to be diverted is above 500
hectares, compensatory afforestation over
equivalent area of degraded forest shall be required
to be done instead of twice the area being diverted
subject to a minimum of 1000 hectares CA.

40. TWO STAGE CLEARANCE

41. Flow chart for obtaining “environment clearance”

42. Post “environment clearance” monitoring mechanism

43. Aftermath of FCA clearance
 Depositing funds for CA, CAT plan, NPV, Wildlife Habitat
Management Plan, CAT Plan, plantation under
transmission lines necessary for obtaining final diversion
order.
 Diverted area is not denotified, the State Forest
Department still retains the propietary rights and all
principal forest and wildlife Acts apply.
 Project proponent is not allowed to mortgage forest
land and raise finances.
 Re-diversion of forest land is not allowed, except under
prior approval of MOEF, GOI.
 Invariably water bodies are notified as wildlife
sanctuary, fishing prohibited – not mere formality.
 Leases cannot be granted in draw-down area of dams.
 Implementation of CAT & CAD Plan is mandatory.
 Monitoring every 5th year.

44. Project Location

45. Topo-sheets of Survey of India
For CAT Plan and CAD Plan use maps of scale of
1:2,50,000 or 1:10,00,000

46. Survey Precautions
• Contours of 2 meters and 4 meters below full
reservoir level (FRL).
• Mostly GOI doesn’t allow felling in 4 meters
strip below FRL. Excellent snags for roosting of
aves.
• All surface diversion area should be clearly
demarcated on the relevant maps.
• Underground canals also attract FCA (NPV
payable is 50%).

47. Diver
sion
Site
DISTRICT FOREST COVER MAP OF SURVEY OF INDIA
Buffer
Zone
Distance
from
protecte
d areas
Animal
Activity
Areas

48. Exhibit Location of important components, wildlife
migration routes & Tiger / Elephant Reserve Corridors
Tara Coal Block
located at the
fringe of Hasdeo
Arand
ICPL Power
Plant site

49. Documents required for FC, EC and
wildlife clearances
Flora
 Characterization of forest types in the study area as per the data available in the
Forest Working Plan and Silviculture – Champion & Seth (1968).
 General vegetation pattern and floral diversity viz. trees, shrubs, grasses, herbs,
significant micro-flora, etc.
 Vegetation shall cover various life-forms of plants including lichens and orchids.
 Species frequency, density, abundance shall be estimated based on primary data
collection.
 Biodiversity index (Shannon–Wiener Diversity index) and Importance Value Index
(IVI) of the species to be provided.
 Economically important species viz. medicinal, timber, fuel wood etc.
 Flora under Rare, Endangered and Threatened (RET) categories would be
documented using International Union for the Conservation of Nature and Natural
Resources (IUCN) criteria and Red Data List of Botanical Survey of India & Zoological
Survey of India along with economic significance.
 For RET species, specimens will be collected along with GPS readings to facilitate
rehabilitation. (obtain permission u/s 12 of WLPA)
 Cropping and Horticulture pattern and practices in the study area

50. Maps and satellite imageries
Forest maps are vital for silviculture crop assessment and
determination of Net Present Value (vital document)

51. Forest Satellite Imagery – only land-use discernible,
legal status cannot be ascertained
“Gap Light Analyser” is available for Crown Density
determination. The forest crop should be analysed on crown
density, site quality, regeneration, Yield Table parameters,
Basal Area calculation based on Wedge Prism data.

52. Sample Plot Grids & Biodiversity indexing

53. * N.B. Kind attention invited to blanks, under stocked and encroachments
Alternate Diversion Area in Revised Proposal, if any

54. Tree Enumeration & Biodiversity Assessment
• Biodiversity indexing – Shannon-Weiner Index ,
Brillouin Index, Brillouin Eveness Index, Simpson’s
Index , Margalef Index, McIntosh's Measure of
Diversity, Berger-Parker Index etc.

55. Sample Plot Photographs for crown density and
basal area determination by Wedge Prism

56. Fauna
 Inventorisation of terrestrial wildlife including reptiles and
herpetofauna, their present status in the project area
 Zoogeographic distribution / affinities, endemic, threatened and
endangered species RET species.
 Avifauna - Status, Resident / Migratory / Passage migrants,
Impact of project on threatened / endangered taxa, if any,
Butterflies, if any found in the area
 RET faunal species are to be classified as per IUCN Red Data list or
as per different schedule of Indian Wilde Life Protection Act, 1972.
 Effect on fish migration and habitat degradation due to project.
 Existence of National Park, Sanctuary, Biosphere, Reserve Forest
etc. in the study area if any, would be detailed.
Documents required for FC, EC and
wildlife clearance - II

57. Most threatened wildlife species - I

58. Most threatened wildlife species - II

59. Most threatened floral species - I

60. Net Present Value
• Soil Expectation Value (forest increment) is
compensated for 50 years in forest diversion cases.
• Calculated by Faustmann’s formula.
• Most crucial factor in cost : benefit analysis and project
finance.
• NPV has been imposed under orders dated 29th October,
2002; 30th October, 2002; 1st August, 2003 and 28th
March, 2003.
• All FCA cases diverted after 30th October, 2003 are liable
to pay “Net Present Value” (NPV).
No escape from NPV, the only option is compliance mind-set
Or the project would suffer litigation badly

61. NPV rates sanctioned vide Circular dated
5th February, 2009 of MOEF, GOI
Eco-Class - I Type of Forests (Champion & Seth, 1968)
Eco-Class - I Tropical wet Evergreen forests; Tropical Semi-evergreen
forests and Tropical Moist Deciduous forests.
Eco-Class – II Littoral & Swamp forests.
Eco-Class - III Tropical Dry Deciduous forests
Eco-Class - IV Tropical Thorn forests and Tropical Sry Evergreen forests.
Eco-Class - V Sub-tropical Broad Leaved Hill forests; Sub-tropical Pine
forests; Sub-tropical Dry Evergreen forests.
Eco-Class - VI Montane Wet Temperate forests; Himalayan Moist
Temperate forests; Himalayan Dry Temperate forests; Sub-
alpine forests; Moist Alpine Scrub and Dry Alpine Scrub
forests.

62. Eco-
value
Class and NPV rates (in lakh Rs.)
Class-I Class-II Class-
III
Class-
IV
Class-V Class-
VI
Very
Dense
Forests
10.43 10.43 08.87 06.26 9.39 09.91
Dense
Forests
09.39 09.39 08.03 05.63 08.45 08.97
Open
Forests
07.30 07.30 06.26 04.38 06.57 06.99
NPV Rates applicable
N.B. Most of RVP and Hydel Projects are situated in “very dense forests” only.

63. • These NPV rates were valid till 5th February, 2012
only. The new rates are under processing – may raise
from 245% to 375%. Steep rise anticipated in NPV.
• Diversion in national parks would attract TEN times
and wildlife sanctuaries will invite FIVE times of NPV.
Most crucial factors in project financing.
• NPV rates should be studied and taken care-off since
beginning to avoid financial mis-management or
facing litigation.
NPV Rates applicable

64. Transplantation of middle aged trees

65. Effect of fragmentation of forest & wildlife habitat corridor

66. Sharp-edge Effect of roads & canals

67. Sharp-edge effect of roads and canals

68. Use of geo-textile for surface stabilisation

69. VEGETATIVE CONTOUR BUNDING

70. Catchment Area Treatment Plan

82. Issues related to wildlife and Wildlife (Protection) Act, 1972
National Parks - Conservation Reserve - 2
Wildlife Sanctuaries - Community Reserve - Nil
Tiger Reserves - 38 Elephant Reserves - 64
Denotification virtually impossible (HSC order dated 13th November, 2000

83. Present & Potential “Protected Areas” of India, WII

84. PROTECTED AREAS &
WILDLIFE (PROTECTION) ACT, 1972
Salient features
• Geographical area (including
forest area) under PA network –
1,55,348 sq. kms.
• New PAs are not being notified.
Impact of Wildlife (Protection)
Act, 1972
• Rights cannot be acquired or
traded u/s 20, WLPA.
• Most of RF is part of protected
areas.
• Exploitation not possible under
Section-29, WLPA.
• Ban on exploitation & diversion
of protected areas under orders
of the Hon’ble Supreme Court.
The habitats of protected areas cannot be used for ‘mining
purposes” due to prohibitory legal regime. Even non-
forest area of protected areas cannot be used
(Tahir Ali ver. State of Madhya Pradseh

85. Typical forest & village mosaic of a protected area
All non-forest areas situated within external boundary of
protected areas are part of inviolate wildlife habitat.
Gopal Das Mittal ver. State of Madhya Pradesh

86. APPLICABILITY OF WLPA
Protected areas
FOREST DEPARTMENT
• National Parks,
• Wildlife Sanctuaries,
• Conservation Reserve
• Community Reserve.
Species specified in
Schedule-I, II, III, IV & VI
having jurisdiction over
6800 species (based on
the Storer & Usinger
Classification
Specified Species
Specified international conventions

87.  The statutory body of National Tiger Conservation
Authority (NTCA) constituted under provisions of
Wildlife (Protection) Amendment act, 2006.
 Section-38O(g) : NTCA to ensure that – Tiger
Reserves and areas linking one protected area or tiger
reserve with another protected area or tiger reserves
are not diverted for ecologically unsustainable use,
except in public interest and with the approval of
NBWL on the advice of NTCA.

88. Section-38V(4) : the State Government while preparing a
Tiger Conservation Plan ensure livelihood of local
communities. The expression Tiger Reserve includes:
i. Core or critical tiger habitat - area of national parks and
sanctuaries, where it has been established on the basis of
scientific and objective criteria and notified by the State
Government in consultation with Expert Committee.
ii. Buffer or peripheral area - consisting of the area peripheral to
critical tiger habitat or core area………., where a lesser degree
of habitat protection is required to ensure the integrity of the
critical tiger habitat with adequate dispersal for tiger species,
and which aim at promoting co-existence of between wildlife
and human activity with due recognition of the
……………………., the limits of such areas are determined on the
basis of scientific and objective criteria in consultation with
the concerned Gram Sabha and Expert Committee
constituted for this purpose.

89. Tiger Corridor Plan
• Details of man-wildlife conflict to determine true status of
wildlife. Compensation paid to villagers for death, injuries
and crop.
• Assessment of forests crop in the context of wildlife –
availability of forage, water and cover. Connecting corridors
– porosity, fragmentation and juxta-position effects.
• Assessment of wildlife carried out by WII, wildlife recorded
at transects laid in 2008 and 2010. Wildlife Impact
Assessment and Wildlife Habitat Conservation Plan.

90. Preparation, integration and sanction of
“Wildlife Habitat Conservation Plan”.
Preparation of “Wildlife Habitat Conservation
Plan” by project proponent / consultant and
obtain comments of CWLW
Apply to CWLW for preparation of “Wildlife Habitat
Conservation Plan” under Section-12 of WLPA
Obtain comments of State Wildlife Board on
“Wildlife Habitat Conservation Plan”
Obtain comments NTCA on “Wildlife Habitat
Conservation Plan”
Obtain comments of Standing Committee of
National Board for Wildlife on
“Wildlife Habitat Conservation Plan”
If protected areas
are involved
If protected areas
area not involved
Link with Forest Appraisal
Committee

91. Other Issues of “Wildlife Habitat Conservation Plan”
and Wildlife (Protection) Act, 1972
 Submission of “Wildlife Habitat Conservation Plan”
at initial stage not mandatory; but its formulation at
later higher stage insisted.
 No Guideline available for carrying out “Wildlife
Impact Assessment” and preparation of “Wildlife
Habitat Conservation Plan”. No specific format for
submission of plan.
 For preparation of “Wildlife Habitat Conservation
Plan” , the Wildlife Institute of India is awfully
busy. NGOs are neither having expertise nor
possess capacity to prepare or synthesize
requirement of “wildlife” and “mining “ sectors.
 NGOs – no capacity for “mitigation planning”.

92.  Few experts understand “wildlife impact
assessment”; still fewer possess expertise for
“Wildlife Rehabilitation & Resettlement Planning”.
Develop non-statutory policy regime.
 Wildlife corridors and buffer zones [ref Section- 38O(g) and
38V(4)] are really fast emerging vital issues. NTCA
permission mandatory. Virtually threatening coal, power
and steel sector.
 Area of underground mine being considered in study &
calculation of “fragmentation”, “porosity” &
“juxtaposition” effects.
 Asiatic Elephants – seasonal traversing for food &
water is mis-understood as “migration routes”. No data
available for elephant ecology, physiology, elephant –
vegetation dynamics etc.
 Radio-collar Elephant male and female with calf societies to
study ecology, ethology and migration routes.

93. Issues related to Scheduled Tribe & Other Traditional Forest
Dweller (Recognition of Forest Right) Act, 2006

94. • STOTFD(RFR) Act, 2006 enacted and became operational on 1st
January, 2007.
• Jurisdiction over all types of forest areas – RF, PF, revenue
forests, village forests, dictionary meaning of forests etc.
• Two types of rights can be claimed:
A. Individuals can claim upto 4.00ha per person.
B. Community can claim any area (without limit).
• Open ended Act. Claims can be put-up any time.
• Forest areas not to be de-notified i.e. both STOTFD(RFR) Act,
2006 and Forest (Conservation) Act, 1980 shall apply.
• No involuntary eviction / settlement – huge cost shall be
involved.
• Adverse impact on linear projects e.g. canals, roads,
transmission line, skyline crane, conveyor belts, pipelines,
Issues related to Scheduled Tribe & Other Traditional Forest
Dweller (Recognition of Forest Right) Act, 2007

95. • Topsy turvey settlement process – Gram sabha, Block
Committee and ultimate decision at District Committee.
Pressure to accept all claims.
• Bamboos have been brought under STOTFD(RFR) Act, 2006.
Authority to issue “transit pass” assigned to Panchayats
(particularly Maharashtra).
• No procedure provided in STOTFD(RFR) Act, 2006 to
acquire once settled rights of individuals or communities.
• Improper and ambiguous record maintenance by Deptt. Of
Tribal Welfare.

96. A.MOEF has issued two specific circulars dated 30th July,
2009 and 03rd August, 2009 for this purpose. The salient
provisions are:
 For every proposal the State Government shall certify that
complete process for identification and settlement of rights
under STOTFD(RFR)Act, 2006 has been carried out for entire
area.
 Each Gram Sabha to certify that all formalities / process under
STOTFD(RFR)Act, 2006 is completed and consent provided.
 State Government shall certify that the diversion of forest land
for facilities managed by the Government under Section-3(2),
STOTFD(RFR) Act,2006 is complete.
Inter-relationship of Scheduled Tribe & Other Forest
Dweller (Recognition of Forest Right) Act and
Forest (Conservation) Act

97.  State Government shall certify that the proposal for such
diversion (with full details of project and its implications in
vernacular / local language) have been placed before each
Gram Sabha.
 State Government shall certify that discussions and
decisions on such proposal had taken place only when there
was a quorum of minimum 50% of Gram Sabha present and
voting.
 Obtain and enclose written consent / rejection of Gram
Sabha for the project proposal. The Gram sabha has
provided their consent for diversion proposal, compensatory
package and mitigation measures.
 State Government shall certify that the rights of “Primitive
Tribal Groups” and “Pre Agricultural Communities” where
applicable, have been specifically safeguarded as per Section-
3(1)(c), STOTFD(RFR)Act, 2006.

98. • The Section-3(2) provides that, notwithstanding anything contained
in FCA; the Central Government shall provide for diversion of forest
land for following facilities managed by the Government ; which
involve felling of trees not exceeding 75 trees per hectare.
• Schools, Dispensary or Hospital, Aanganwadi, Fair Price Shops,
electric and telecommunication lines, tanks and other minor wate
bodies, drinking water supply and water pipelines, water or rain
water harvesting structures, minor irrigation canals, non-
conventional sources of energy, skill upgradation and vocational
training centres, roads, and community centres.
• The forest land can be diverted with 2 riders –
A. The diverted land should be less than 1 ha. in each case.
B. The diversion project has been recommended by Gram Sabha.
Scheduled Tribe & Other Forest Dweller (Recognition of
Forest Right) Act and diversion of forest land for
community purposes

99. • Ministry of Tribal affairs, GOI vide Circular No. 23011/15/2008-S.G.II dated
18th May, 2009 has issued instructions under Section-3(2) for seeking prior
approval:
A. Every user agency shall apply in “Form-A” and place it
before General Assembly of Gram Sabha.
B. The quorum of 50% should be present and adopt the resolution.
C. After obtaining consent of Gram Sabha – the user agency shall
submit proposal to Range Officer.
D. Range Officer shall inspect the site and record comments for
diversion of the area and submit proposal to DFO (in Form-B)
E. The DFO shall decide matter within 4 weeks and inform Range
Officer and District Level Committee (DLC). RO would demand area
and hand over to user agency. In case of rejection of proposal final
decision shall be taken by (DLC).
F. Land diverted for a specific purpose shall not to be allowed to be used
for any other purpose.
G. The DFO shall furnish information to Nodal Officer, then compiled data
shall be routed through Secretary, Tribal Welfare to Ministry of Tribal
Affairs. GOI.

100. Transmission Lines
• Poaching through electrocution is a big issue,
particularly in Buffer Zones of PAs.
• Low height plantations below conductors.
Funds for management of areas.

102. Aquatic Ecology
Aquatic Ecology
 Aqua- fauna like macro-invertebrates, zoo-plankton,
phyto-planktons, benthos, primary productivity, etc.
 Conservation Status
 Fish and Fisheries
 Fish migrations, if any
 Breeding grounds of Crocodiles, Gharials, Dolphins etc.
 Impact of dam building on fish migration and habitat
degradation.
 Impact on aquatic ecology at least 10 km downstream
of the dam

103. Monitoring of Project Approval Status - I
Date of commencement : Time period : 12 months
S.
No
Particulars Target Date
Date of
Submission
Date of
approval
Remarks
1
Submission Techno
Economic feasibility
report
2
Submission Detailed
Project Report
i) Inter State Matters
(ISM) Directorate
ii) Hydrology
Directorate
Yield
NZE
Flood
iii) Design Dte.
iii) CGWB Dte.

104. Monitoring of Project Approval Status -II
S.
No Particulars
Target
Date
Date of
Submission
Date of
approval Remarks
iv) Irrigation
Planning Dte.
v) Ministry of
Agriculture
vi)CSMRS Dte.
vii) Cost Appraisal
Dte.
3
Form-I application
along with proposed
ToR
4
Rehabilitation &
Resettlement plan
5
Forest diversion
Case
6
No objection
certificate has been
obtained from
Archaeological SOI

105. EIA & EMP Studies
To carryout EIA / EMP study submit an application to MoEF
to get NABET accreditation for carrying out environmental
studies for irrigation project.
Also obtain services of a NABET accreditated consultant to
carryout the Environment studies for Hydel Power Projects
The following activities carry-out in the EIA study
i) Irrigation Planning
ii) Socio Economic survey
iii) Catchment Area Treatment Plan
iv) Command Area Development Plan
v) Rehabilitation & Resettlement Plan
vi) Dam Break Analysis

106. Activity Schedule for EIA & EMP Studies -I
S.
No.
Requirement as per TOR
issued by MoEF
Weightage
%
1 2 3 4 5 6 7 8 9 %
Progress
Remarks
1 Scope of EIA Study 2
2 Details of the Project and Site 2 Completed
3
Description of Environment and
Baseline Data (To be collected
for 03 seasons)
10
4
Details of the Methodology for
collection of Base line data
2
5
Methodology for Collection of
Biodiversity Data
4
6 Components of the EIA Study
A.
Physical and Chemical
Environment
(i)
Geophysical & Geophysical
Aspects and SeismoTechtonics
3
(ii) Meteorology, Air and Noise 3
(iii)
Soil Characteristics 5

107. Activity Schedule for EIA & EMP Studies -II
S.
No.
Requirement as per
TOR
issued by MoEF
Weightag
e
% 1 2 3 4 5 6 7 8 9
%
Progres
s
Remark
s
(iv)
Remote Sensing and
GIS Studies
2
(v) Water Quality 5
B.
Water Environment &
Hydrology
5
C. Biological Environment
Flora 5
Fauna 5
D. Aquatic Ecology 3
E.
Irrigation and Cropping
Pattern
2
F. Socio Economic 2
7
Impact Prediction and
Mitigation Measures
3
8
Environment Impact
Analysis
5

108. S.
No
.
Requirement as per
TOR
issued by MoEF
Weightag
e
%
1 2 3 4 5 6 7 8 9
%
Progres
s
Remarks
9
Environment
Management
Plan (EMP)
1
(i)
Catchment Area
Treatment
(CAT) Plan
3
(ii)
Command Area
Development (CAD)
Plan
3 2
(iii)
Compensatory
Afforestation
3
(iv)
Biodiversity and Wild Life
Conservation &
Management Plan
5
(v)
Resettlement and
Rehabilitation (R & R)
Plan
7
Activity Schedule for EIA & EMP Studies -III

109. Activity Schedule for EIA & EMP Studies -IV
S.
No.
Requirement as per TOR
issued by MoEF
Weightage
%
1 2 3 4 5 6 7 8 9
%
Progress
Remarks
(vi)
Plan for Green Belt
Development
2
(vii)
Reservoir Rim Treatment
Plan
3 2
(viii
Plan for Restoration and
Landscaping
2 2
(ix)
Fisheries Conservation &
Management Plan
2
(x)
Dam Break Analysis 2
Completed
Submitted to
NVDA on 4-4-
2013
10
Report Compilation -

110. Monitoring of the status of work performed –
primary data collection -I
Description Total works to be
done
Works
completed
Remaining
works
Ambient air
quality
Three seasons
(summer,
monsoon and
winter)
Ambient noise
level
Three seasons
(summer,
monsoon and
winter)

111. Status of work performed – primary data collection -II
Description Total works to be
done
Works
completed
Remaining
works
Water quality Three seasons
(summer,
monsoon and
winter)
Soil quality Three seasons
(summer,
monsoon and
winter)
Terrestrial
Ecology
Three seasons
(summer,
monsoon and
winter)

112. Status of work performed – primary data collection -III
Description Total works to be
done
Works
completed
Remaining
works
Fisheries Three seasons
(summer,
monsoon and
winter)
Land Use Through satellite
imagery

113. Status of work to be performed –
secondary data collection -I
Physico-chemical aspects
 Topography of the area
 Regional Geology of the study area.
 Seismicity of the study area.
 Meteorology of the area for the nearest IMD stations covering
parameters, i.e., rainfall, temperature, relative humidity, wind
speed, etc.
 Design Discharge and its RI (Recurrence interval)
 Water availability for the project, sedimentation rate, etc. as
available in the Engineering Reports

114. Status of work to be performed –
secondary data collection - II
Ecological aspects
• Information on general vegetation pattern and
floral diversity viz. - trees, shrubs, grasses, herbs
• Presence of economically important species in the
project as well as the study area
• Presence of medicinal plants in the project as well
as the study area
• Presence of Rare, Endangered and Threatened
floral species as per the categorization of Botanical
Survey of India's Red Data list

115. Status of work to be performed –
secondary data collection - III
Ecological aspects -
• Inventory of Birds, mammals, reptiles, amphibians and
insects reported and observed in the study area
• Presence of Rare, Endangered and Threatened faunal
species as per the categorization of different schedules of
Wildlife (Protection) Act, 1972
• Existence of barriers and corridors for wild animals, if any, in
the study area
• Presence of National Park, Sanctuary, Biosphere, Reserve
Forest etc. in the project area and the study area

116. Status of work to be performed –
secondary data collection - IV
Socio-economic aspects
• Demography and socio-economic analysis based on last
available census data for the entire study area.
• Agriculture related information including cropping pattern, crop
yields, fertilizer use, source of irrigation, etc.
• Source of water for various uses
• Livestock holding pattern
• Incidence of various water-borne and vector-borne diseases
• Health facilities
• Educational facilities
• Major industries (including agro-based industries) within study
area.
• Archaeological and historical monuments, tourism
infrastructure, if any, within the study area.

117. Schedule for Completion of Balance Work
Activity Completion Schedule
Submission of Form-A for Forestry Clearance
Submission of revised PFR and Form-I for ToR
Clearance
TOR clearance by MoEF
Field studies for summer season
Field studies for Monsoon season
Socio-economic survey of PAFs
Submission of Draft EIA Report
Comments from client on Draft Report
Submission of Draft Final Report
Public hearing on the Draft Final Report
Preparation of Final Report incorporating the
concerns of stakeholders raised during the public
hearing and submission of Final Report to MOEF for
Environmental Clearance

118. Remote Sensing & GIS Studies
Remote sensing & GIS studies
 Project layout on contour map of ground elevation.
 Delineation of critically degraded areas in the catchment area
intercepted at the dam site
 Drainage pattern.

119. Socio-economic Aspect
Socio-Economic aspects
 Demographic profile
 Economic structure
 Development profile
 Agricultural practices
 Cultural and aesthetics sites
 Infrastructure facilities: education, health and hygiene, communication
network, etc.
 Major industries within study area.
 Presence of important economic mineral deposits, if any.

120. Geological & Geophysical Studies
Geological and Geophysical Aspects
 Geography & physiography of the project area.
 Regional Geology and structure of the catchment.
 Seismicity, tectonics and history of past
earthquakes in the area.
 Critical review of the geological features around the
project area.

121. Study & Design of Earthquake parameters
Study of Designated Earthquake Parameters
• A site specific study of earthquake parameters shall be
conducted.
• Approval of the NCSDP (National Committee of Seismic
Design Parameters), Central Water Commission, New
Delhi will be obtained for the results of the site specific
earth quake design parameters.

122. Hydrology of the Basin
Hydrology of the basin
 Hydro-meteorology, drainage systems
 Catastrophic events like cloud bursts and flash floods, if any would be
documented
 A Gauge & Discharge station would be established at a suitable location to
record the inflow as well as the sediment concentration of the river water
during the 3 seasons of observations particularly during the lean season and
during the monsoon season
 Recording of data at G-D-S stations will continue during the life of the project.
 Graph of 10-daily discharges before and after the project at the dam site
immediately below the dam shall be provided in the CEIA study.
 For estimation of Sedimentation rate direct sampling of river flow shall be done
during EIA to get actual silt flow rate (expressed in ha m/ km2/year). The one
year of EIA study shall be incorporated in the CEIA report.
 Water availability for the project, minimum & maximum flows and the aquatic
fauna
 Design discharge and its recurrence interval