Lok Sabha Question No. 3886 (UNSTARRED), answered on 2015-12-22
Subject: Pending Projects
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: FAGGAN SINGH KULASTE

## GOVERNMENT OF INDIA

## MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOK SABHA UNSTARRED QUESTION NO.3886

TO BE ANSWERED ON 22.12.2015

## Pending Projects

## 3886.  SHRI FAGGAN SINGH KULASTE:

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

- (a) whether there are problems in completing several big development projects within the prescribed time limit for want of forest and environmental clearance in various parts of the country;
- (b) if so, the details thereof, State-wise;
- (c) whether any kind of permission for mining lease has to be taken for completing the said projects; and
- (d) if so, the details of committee which gives permission in this regard along with the process of constituting the said committee?

## ANSWER

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

(SHRI PRAKASH JAVADEKAR)

- (a) to (c) 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 mining, requires prior approval of the  Central  Government  under  the  Forest  (Conservation)  Act,  1980.Grant  of approval by the Central Government under the Forest (Conservation) Act, 1980 is a continuing  process.  Quite  often,  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 increase in time taken 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.
- (d) All proposals seeking prior approval of the Central Government under the Forest (Conservation)  Act,  1980,  Wildlife  (Protection)  Act,  1972  and  Environment (Protection)  Act,  1986  are  examined  by  the  statutory  Committees  which  are constituted under the relevant sections of the respective Acts as given under:
- i. Proposal  involving  use  of  forest  land  involving  are  more  than  40  are examined by the Forest Advisory Committee constituted under Section - 3 of the Forest (Conservation) Act, 1980 while proposal involving area below 40 ha and all linear projects, irrespective of the area involved are examined by  the  Regional  Empowered  Committee  constituted  under  the  relevant provision of the Forest (Conservation) Second Amendment Rules, 2014.
- ii. Proposals  involving  use  of  forest  land  inside  the  Protected  Areas,  as recognized under the provisions of the Wildlife (Protection) Act, 1972 are examined by the Standing Committee of National Board for Wildlife and State Board of Wildlife which are constituted under the relevant provisions of the Wildlife (Protection) Act, 1972.
- iii. Similarly,  proposal  seeking  prior  approval  of  the  Central  Government  for environment  clearance  are  examined  by  the  Expert  Appraisal  Committee and State level Expert Appraisal Committee which are constituted under the relevant provisions of the Environment (Protection) Act, 1986 and Environment Impact Assessment Notification, 2006.

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