Lok Sabha Question No. 274 (UNSTARRED), answered on 2016-07-19
Subject: Construction in Forest Areas
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: SADHVI SAVITRI BAI PHOOLE

## GOVERNMENT OF INDIA

## MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOK SABHA

## UNSTARRED QUESTION NO. 274

TO BE ANSWERED ON 19.07.2016

## Construction in Forest Areas

## 274. SADHVI SAVITRI BAI PHULE:

Will the Minister of ENVIRONMENT FORESTS AND CLIMATE CHANGE be pleased to state:

- (a) whether the Government has issued any instructions/guidelines regarding construction of canals, culverts, bridges and pucca roads in forest areas of the country; and
- (b) if so, the details thereof?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) FOR ENVIRONMENT, FOREST AND CLIMATE CHANGE

## (SHRI ANIL MADHAV DAVE)

- (a) to (b) Use of forest land for construction of canals, culverts, bridges and pucca roads requires prior approval of Central Government under the Forest (Conservation) Act, 1980. However, to facilitate creation of public utility and security related infrastructure of certain specified categories, including  the  roads, canals, bridges  etc.  in  certain  specified  areas,  the  Central  Government  has  accorded general approvals under the Forest (Conservation) Act, 1980. Details of these general approvals are as below:
- (i). Execution  of  certain  public  utility  and  security  related  infrastructure including minor irrigation canals, construction/widening of roads including approach roads to road side establishments and construction/strengthening/widening  of  existing  bridges  by  the  Border Roads Organizations involving not more than 1 hectare of forest land in each  case  by  Government  Departments,    Government  Corporation, Government Agencies in the entire country except Jammu & Kashmir.
- (ii). Creation  of  certain  public  utility  and  security  related  infrastructure including the minor irrigation canals involving not more than 5 hecatres of forest land in each case by Government Departments in 117 left wing extremism affected districts.
- (iii). Construction and widening of two lane roads by Government Departments in 117 left wing extremism affected districts irrespective of area of forest land involved.
- (iv). Construction  and  widening  of  two  lane  roads  by  the  Border  Roads Organisations  (BRO)  and  other  road  construction  agencies  entrusted with the job by the Ministry of Defence, in the area falling within 100

kilometers  aerial  distance  from  the  line  of  actual  control  (LAC)  and widening of roads (by the BRO and other road construction agencies) which are identified by the Ministry of Defence as link roads, between Border roads in the area within 100 kilometer aerial distance from the LAC  and National Highways/State Highways/Other State Roads irrespective of area of forest land involved.

- (v). Creation of border security related infrastructure, including the Border Roads,  within  five  kilometers  aerial  distance  from  the  International Border by paramilitary organizations of the Ministry of Home Affairs, such  as  Border  Security  Force  (BSF)  and  Sashastra  Seema  Bal  (SSB) from funds provided by the Ministry of Home Affairs.

The Central Government has also issued guidelines to the effect that subject to certain conditions specified in these guidelines, upgradation of the kuccha roads constructed prior to 1980 in forest areas, to pucca roads, does not require prior approval of Central Government under the Forest (Conservation) Act, 1980

The Central Government has also issued guidelines to the effect that in case of linear  project  including  the  roads  and  canals,  once  the  compensatory  levies specified  in  the  in-principle  approval  are  realised  from  the  user  agency  and where necessary, for compensatory afforestation, transfer and mutation of nonforest/revenue forest land in favour of State Forest Department is affected, the State Government or a senior officer not below the rank of a Divisional Forest Officer, having jurisdiction over the forest land proposed to be diverted, duly authorized in this behalf by the State Government may, pending grant of final approval  under  the  Forest  (Conservation)  Act,  1980,  pass  an  order  for  tree cutting and commencement of work of such linear project in forest land for a period of one year.

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