Lok Sabha Question No. 2591 (UNSTARRED), answered on 2015-12-15
Subject: Diversion of Forest Land in Urban Areas
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. 2591

TO BE ANSWERED ON 15.12.2015

## Diversion of Forest Land in Urban Areas

## 2591.  SHRIMATI RITA TARAI:

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

- (a) whether diversion of forest land for non-forest use in urban areas require prior approval of the Union Government;
- (b) if so, the number of proposals received from Odisha during the last three years;
- (c) the number out of those proposals approved, rejected and pending with the Government;
- (d) the reasons for rejection and pendency of those proposals; and
- (e) whether any proposal is under consideration for relaxation of the provisions of Forest Conservation Act for urban areas in this regard and if so, the details thereof?

## ANSWER

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

## (SHRI PRAKASH JAVADEKAR)

- (a) to (e ) Section-2 of the Forest (Conservation) Act, 1980 inter-alia provides that notwithstanding anything contained in any other law for the time being in force in a State,  no  State  Government  or  other  authority  shall  make,  except  with  the  prior approval of the Central Government, any order directing that any forest land or any portion  thereof  may  be  used  for  any  non-forest  purpose.  Therefore,  use  of  forest land  for  various  development  projects,  including  development  projects  in  urban areas, requires prior approval  of  the  Central  Government  under  the  Forest (Conservation)  Act,  1980.  During  last  three  years  and  current  year,  the  Central Government  has  received  40  proposals,involving  area  more  than  40  ha,  seeking prior  approval  of  the  Central  Government  under  the  Forest  (Conservation)  Act, 1980  from  the  State  Government  of  Odisha,  out  of  which  approval  has  been accorded in 24 cases involving 6,174 ha of forest area. Use of forest areas for such activities  is  approved  by  the  Central  Government  under  Section  2  of  the  Forest (conservation) Act, 1980 with adequate environmental safeguards and afforestation measures in lieu of forest land proposed to be utilized for developmental activities. Grant of approval by the Central Government under the Forest (Conservation) Act,

1980  is  a  continuing  process.  Often,  the  proposals  or  compliance  of  Stage-I approvals, received from the State/UT Government are not complete in all respects and hence the Central Government has to seek further details/ documents from the concerned State/UT Governments. Moreover, the proposals involving forest area of more  than  100  ha  are  also  required  to  be  inspected  by  the  concerned  Regional Office of the Ministry. These are the main reasons for delay in granting approval under  the  Forest  (Conservation)  Act,  1980. The  Ministry  takes  prompt  decision, when proposals complete in all respects, are submitted by the State/UT Governments.

Further, there is no proposal for relaxation of provisions of the Forest (Conservation)  Act,  1980  in  urban  areas.  As  per  the  provisions  contained  in  the Guidelines issued under the Forest (Conservation) activities related to construction of  residential  and  commercial  buildings  in  forest  areas  are  not  considered  by  the Central Government.

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