Lok Sabha Question No. 4334 (UNSTARRED), answered on 2017-03-28
Subject: Afforestation in Degraded Forest
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: RITA TARAI

## GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOK SABHA UNSTARRED QUESTION NO. 4334

TO BE ANSWERED ON 28.03.2017

## Afforestation in Degraded Forest

## 4334.SHRIMATI RITA TARAI:

Will the Minister of ENVIRONMENT, FOREST AND CLIMATE CHANGE be pleased to State:

- (a)   whether the Government has allowed compensatory afforestation to be taken up in twice the area of degraded forests for forest diversion  proposal of Central Government PSUs, but has not allowed similar facility for the forest  diversion proposals for the projects of State PSUs;
- (b)   if so, the reasons for not allowing such dispensation for the projects of State Government Undertakings;
- (c)   whether  various  States  including  Odisha  have  requested  for  similar  dispensation  for State PSUs; and
- (d)   if so, the details thereof and the decision taken on these requests, State-wise?

## ANSWER

MINISTER  OF  STATE  (INDEPENDENT  CHARGE)  FOR  ENVIRONMENT,  FOREST  AND CLIMATE CHANGE (SHRI ANIL MADHAV DAVE)

- (a) Yes, Sir.
- (b) Compensatory  afforestation  is  one  of  the  most  important  conditions stipulated  by  the Central  Government  while  approving  proposals  for  de-reservation  or  diversion  of  forest land for non-forest uses. It not only compensate loss in the forest cover and forest land but also acts as a major disincentive for project projects to seek diversion of forest land for nonsite  specific  activities,  and  thus  ensure  that  diversion  of  forest  land  is  sought  only  for unavoidable site specific activities.  The Land being a State subject, Central Government Departments and Central Government Undertakings generally do not own land which may be made available for compensatory afforestation. To expedite grant of approval under the Forest (Conservation) Act, 1980 for diversion of forest land required for Central Government/Central  Government  Undertaking  projects,  which  normally  are  implemented for  larger  public  good,  as  a  special  provision  for  such  projects,  guidelines  issued  by  the Ministry  provides  that  compensatory  afforestation  may  be  raised  on  degraded  forest  land twice in extent of forest area being diverted,
- (c) Yes, Sir.
- (d) The request of Odisha Government had been denied as per the  reason at annexe 'A'.

*****

- (i) Compensatory afforestation is one of the most important conditions stipulated by the Central Government while approving proposals for de-reservation or diversion of forest  land  for  non-forest  uses.  It  not  only  compensate  loss  in  the  forest  cover  and forest land but also acts as a major disincentive for project projects to seek diversion of forest land for non-site specific activities, and thus ensure that diversion of forest land is sought only for  unavoidable site specific activities.
- (ii) The relevant provision of the guidelines regarding compensatory afforestation are  as below:
- (a) Compensatory afforestation shall be done over equivalent area of non-forest land.
- (b) However as a matter of pragmatism, the revenue lands/ zudpi jungle/ chhote/ bade  jhar  ka  jungle  /  jungle-jhari  land/  civil-soyam lands  and  all  other  such categories  of  lands,  on  which  the  provisions  of  Forest  (Conservation)  Act, 1980  are  applicable,  shall  be  considered  for  the  purpose  of  compensatory afforestation  provided  such  lands  on  which  compensatory  afforestation  is proposed shall be notified  as Reserved Forest under  the  Indian  Forest  Act, 1927.
- (c) The Land being a State subject, Central Government Departments and Central Government Undertakings generally do  not  own  land  which  may  be  made available for compensatory afforestation. To expedite grant of approval under the Forest (Conservation) Act, 1980 for diversion of forest land required for Central Government/Central Government Undertaking projects, which normally are implemented for larger public good, as a special provision for such projects, guidelines issued by the Ministry provides that compensatory afforestation may be raised on degraded forest land twice in extent of forest area being diverted.
- (iii) Hon'ble Supreme Court in their Judgment dated 6 th  July 2011 in the Lafarge matter directed as below:

Time  has  come  for  this  Court  to  declare  and  we  hereby  declare  that  the National  Forest  Policy,  1988  which  lays  down  far-reaching  principles  must necessarily  govern  the  grant  of  permissions  under  Section  2  of  the  Forest (Conservation)  Act,  1980  as  the  same  provides  the  road  map  to  ecological protection and improvement under the Environment (Protection) Act, 1986. The principles/  guidelines  mentioned  in  the  National  Forest  Policy,  1988  should  be read  as  part  of  the  provisions  of  the  Environment  (Protection)  Act,  1986  read together with the Forest (Conservation) Act, 1980.

- (iv) The National Forest Policy, 1988 provides that the national goal should be to have a minimum of one-third of the total land area of the country under forest or tree cover. It  also  provides that  in the hills  and  in  mountainous regions, the aim should be to maintain two-third of the area under such cover in order to prevent erosion and land degradation and to ensure the stability of the fragile eco-system.
- (v) Any relaxation in the existing norms for compensatory afforestation will result in net decrease in forest area and forest cover in the country. It will thus adversely affect long term ecological security of the country. It will also be contrary to provisions of the  National  Forest  Policy,  1988  and  the  afore-mentioned  judgment  of  the  Hon'ble Supreme Court.
- (vi) It will therefore, be not desirable to exempt the forest land diverted in favour of State Government /State PSUs from the requirement of providing non-forest /  revenue forest land for compensatory afforestation
- (vii) Forests constitute about 37 % of the total geographical area of the State. However, less than half of such forest areas are only under administrative control and management of the State Forest Department. The remaining forest areas to which provisions of the Forest  (Conservation)  Act,  1980  extend  are  under  administrative  control  of  the Revenue Department. These areas, which presently are not under the regular forest management regime, as per the existing guidelines, may be utilised for compensatory afforestation provided such areas are transferred and mutated in favour of the State Forest  Department  and  brought  under  the  regular  forest  management  regime  by notifying as Reserved Forest.
- (viii) This Ministry has already requested all States/UTs, including the State of Odisha to identify such areas which may be utilised for compensatory afforestation and create a land bank. Government of Odisha may expedite creation of the land bank. Once such land bank is created, land available therein may be used for creation of compensatory afforestation  in  lieu  of  forest  land  diverted  for  developmental  projects,  including those implemented by the State Government and State PSUs.