Lok Sabha Question No. 766 (UNSTARRED), answered on 2016-03-01
Subject: Changes in forest Rules
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: C.S. PUTTARAJU, S.P. MUDDAHANUMEGOWDA

## GOVERNMENT OF INDIA

## MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## Lok SABHA UNSTARRED QUESTION NO. 766

## TO BE ANSWERED ON 01.03.2016

## Changes in forest Rules

## 766. SHRI C.S. PUTTA RAJU: SHRI S.P. MUDDAHANUME GOWDA:

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

- (a) whether the Government proposes to make appropriate changes in the forest rules keeping in view the difficulties faced in obtaining approval for cutting of trees that are causing obstruction in the completion of essential work related to widening of roads and other public welfare works;
- (b) if so, the details thereof;
- (c) the time by which the said changes are likely to be effected; and
- (d) the extent to which it is likely to be beneficial?

## ANSWER

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

## (SHRI   PRAKASH JAVADEKAR)

- (a) to (d) Use of forest land and cutting of trees standing thereon for widening of roads and execution  of  other  non-forest  activities requires prior  approval  of  Central Government  under  the  Forest  (Conservation)  Act,  1980.  Approval  under  the Forest  (Conservation)  Act,  1980  is  given  in  two  stages.    In  first    stage,  the proposal  is  agreed  to  in  principle  in  which  usually  the  conditions  relating  to transfer, mutation and declaration as Reserved Forest/ Protected Forest under the Indian  Forest  Act,  1927  of  equivalent  non-forest  land,  wherever  required, for compensatory  afforestation  and  realization  of  Net  Present  Value  (NPV)  and funds  for  raising  compensatory  afforestation  are  stipulated  and  after  receipt  of compliance  report  from  the  State  Government  in  respect  of  the  stipulated conditions, formal/final approval under the Act is issued. Use of forest land for non-purpose and felling of trees standing thereon is allowed only after formal/final approval under the Act is issued.

With a view to facilitate speedy execution of projects involving linear diversion of  forest  land  such  as    laying  of  new  roads,  widening  of  existing  highways, transmission lines, water supply lines, optic fiber cables, railway lines etc., the Central Government has already issued guidelines to the effect that in-principle approval  under  the  Forest  (Conservation)  Act,  1980  issued  by  the  Central Government  may  be  deemed  as  the  working  permission  for  tree  cutting  and commencement of work, if the required funds for compensatory afforestation, net present value (NPV), wildlife conservation plan, plantation of dwarf species of medicinal  plants,  and  all  such  other  compensatory  levies  specified  in  the  inprinciple  approval  are  realised  from  the  user  agency  and  where  necessary,  for compensatory  afforestation,  transfer  and  mutation  of  non-forest/revenue  forest land in favour of State Forest Department is affected.

The said guidelines further provides that after the afore-mentioned 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,  shall  pass  an  order  for  tree cutting and commencement of work of a linear project in forest land for a period of  one  year.  The  central  Government  may  extend  the  permission  for  one  more year subject to submission of reasonable progress report from  the State Government  as  regards  to  the  steps  taken  to  comply  with  the  remaining conditions stipulated in the in-principle approval.

The afore-mentioned guidelines have facilitated expeditious availability of forest land for widening of roads and execution of other linear projects.

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