4. FOREST (CONSERVATION) ACT, 1980 LEGAL REGIME & IMLEMENTATION, RAMIFICATION WITH MINING LEASES

WELCOME TO THE PRESENTATION
ON
FOREST (CONSERVATION) Act, 1980
LEGAL REGIME & IMLEMENTATION,
RAMIFICATION WITH MINING LEASES

Forest Cover of India (S.F.R., 2011 of Forest Survey
of India)
Diversion of about 300 sq.kms. forest areas (0.04%) in next 20 years
can solve the energy problems of the country. Most of these coal
blocks are situated in different micro & milli-watersheds –
consequently it would not cause great ecological problems.
Coal Blocks are site specific projects and should get priority
Mineral rich areas
of coal and coal bed
methane (CBM).
Also inhabit large tribal
Population - FRA

Background Scenario of Statutory Clearances
• There are 584 coal blocks in the country, almost all are situated in forest areas. About 30-40
small coal blocks are located in Teak forests, rest approximately 524 coal blocks situated in
Sal forests.
• Forest (Conservation) Act, 1980 & Environment (Protection) Act, 1986 (EIA Notification,
2006) provides for assessment of the cases; but parameters for assessment are not
defined. Artificial & complicated parameters adopted by FAC, EAC, Standing Committee of
NWB etc. Parameters change with the modification in composition of committees. Root
cause of delay.
• Amendments in Forest (Conservation) Act, 1980; Wildlife (Protection) Act, 1972; Indian
Forest Act, 1927; Environment (Protection) Act, 1986 are not required for reforms.
• The target production (Integrated Energy Policy) of 2600mt by 2032 is not possible without
development of indigenous coal resources.
• Diversion with effective mitigation planning is possible (11.3% of opencast production
cost). Alternate wildlife corridors [Section-38O(g) of WLPA] can be developed,
fragmentation & porosity can be taken care-off. Indigenous coal still much cheaper than
imported coal. All factors under control of GOI.

STATUTORY LEASES / CLEARANCES FOR MINING
Following statutory leases / clearances are mandatory for mining operations:
• Valid legally operative “mining lease / permit” under the provisions
of the Mines and Minerals (Development and Regulation) Act, 1957
or State Minor Mineral Rules.
• "Forest Clearance" under Forest Conservation Act.
• “environmental clearance" under the Environment Impact
Assessment Notification, 2006 if mining of "major mineral" is
involved and the area is more than 5 hectare.
• In case of mining projects, a “site clearance" is required which is
also issued either by the Central Government or the State
Government. Sites involving less than 5 ha. areas can be cleared at
the State level itself and only those above 5 ha. areas of land are
required to be submitted to the Central Government.

STATUTORY CONDITIONS FOR MINING LEASES
Applicability of Forest Conservation Act, 1980 to the forest area to be broken up after
25.10.1980 under a continued mining lease. In the context the MOEF, GOI clarified that
-
(i) In respect of mining lease granted / renewed before 25.10.1980 prior approval of the
GOI under the FCA will not be required for continuing mining activities in areas already
broken up before 25.10.1980 during continuance of the lease period.
(ii) In respect of mining leases granted / renewed before 28.10.1980, if area is to be
broken up afresh after commencement of the Act i.e. 25.10.1980, prior approval of the
GOI will be required under the FCA, even during the continuance of lease period.
(iii) The prior approval of the GOI under Section-2 of the FCA would be required when the
mining lease granted before commencement of the Act is renewed after its coming
into force. It applies even to such cases where mining is to be continued in already
broken up areas.

•Stockholm Conference (1972) recommended
up-gradations of legislative measures.
•National Agriculture Commission (1976)
expressed anxiety over depleting forest cover.
•About 32 million hectares forest land diverted
for non-forest purposes (1956-1980).
•Average rate of diversion (pre–1980 period) –
1,75,000 ha./annum.
BACKGROUND OF ENACTMENT OF FCA

ENACTMENT OF FOREST CONSERVATION ACT, 1980
• Promulgated as Presidential Ordinance on 25th October, 1980 (not
24th October, 1980 as popularly believed)
• Replaced by an Act of the Parliament on 28th December, 1980.
• FCA has been amended in 1988, Section – 2(iii), 2(iv) and 3A & 3B
inserted to deal with violations.
• Forest (Conservation) Rules framed in 1981, amended in 1988 and
1992.
• Forest Conservation Rules, 1981 repealed in 2003 and replaced
with Forest (Conservation) Rules, 2003. Amended in 2004 –
amendment stayed by the Hon’ble Supreme Court.

ESSENCE OF FOREST (CONSERVATION) ACT,1980
• The title of FCA suggest “conservation”
oriented legislation but intention and spirit is
regulatory in nature. The FCA is not
“prohibitory” in nature.
• Applicable to the whole of India except State of
J&K. The J&K Forest Conservation Act, 1986
apply to the State of J&K, salient features of
both the Acts are similar.

Continue…
• The spirit of FCA provides that the “cases”
should be examined by the MoEF, GOI on
various parameters before sanction is
accorded. But these parameters have not
been defined in the FCA.
• One of the briefest Acts of the Union of India –
leads to lot of scope for judicial review and
interpretations. There is nothing wrong with
the provisions but misleading & topsy turvey
interpretations have led to controversy and
consequently FCA has been widely criticized.

ENACTMENT OF
FOREST CONSERVATION ACT, 1980
• Promulgated as Presidential Ordinance on 25th October, 1980
(not 24th October, 1980 as popularly believed)
• Replaced by an Act of the Parliament on 28th December, 1980.
• FCA has been amended in 1988, Section – 3A & 3B inserted to
deal with violations.
• Forest Conservation Rules framed in 1981, amended in 1988 and
1992.
• Forest Conservation Rules, 1981 repealed in 2003 and replaced
with Forest Conservation Rules, 2003 (Amended in 2004 &
2014).

ESSENCE OF
FOREST (CONSERVATION) ACT,1980
• The title of FCA suggest “conservation” oriented legislation
but intention and spirit is regulatory in nature. The FCA is
not “prohibitory” in nature.
• Applicable to the whole of India except State of J&K. The
J&K Forest Conservation Act, 1986 apply to the State of J&K,
salient features of both the Acts are similar.

Continue…
• The spirit of FCA provides that the “cases” should be
examined by the MoEF, GOI on various parameters before
sanction is accorded. But these parameters have not been
defined in the FCA.
• One of the briefest Acts of the Union of India – leads to lot of
scope for judicial review and interpretations. There is nothing
wrong with the provisions but misleading & topsy turvey
interpretations have led to controversy and consequently FCA
has been widely criticized.

THE WISDOM
Criticizing provisions of FCA is not
the solution of problem. Amendments
in FCA shall take very long time. It is
in our interest to know the legal
provisions and procedures very well
and obtain clearances / sanctions as
early as possible.

Salient provisions of FCA
• The FCA broadly covers 4 aspects of forest management
• The following orders can be passed by State
Governments / competent authorities, only after the
concurrence of the MoEF, GOI:
(i) De-notification of forest land (under Sections – 27 & 34A of
IFA)
(ii) Diversion of “forest land” for “non-forest” purposes (forest
land being diverted for forest management is exempted from
this provision) – Explanation inserted below Section-2.

Continue…
(iii) Assignment of forest land to persons,
individuals, corporate bodies, JVC,
Committees, Societies, etc., (except
forest land provided to wholly
Government owned companies for
afforestation of forest species)
(iv) Forest crops cannot be felled / treated
except under a duly approved working
plan. The deviations of sanctioned
prescriptions also require sanction of
MoEF, GOI.

Applicability of FCA
• The terms “ forests” and “forest land” have not
been defined neither in IFA nor in FCA
• These terms have been defined in the order
dated 12.12.1996 of the Hon’ble Supreme
Court (Civil Writ Petition 202/95, T.N.
Godavarman Thirumulkpad ver. Union of India
& others)

APPLICABILITY OF FCA
FOREST LANDS
FOREST DEPARTMENT
•RESERVE FOREST
•PROTECTED FOREST
(demarcated,
undemarcated)
•UNCLASSED FORESTS
REVENUE DEPARTMENT
• REVENUE FOREST
• PRIVATE FOREST
• ANYAREA RECORDED
AS FOREST
• AREAS DEFINED AS
“FOREST” IN
DICTONARY
MEANING.
OTHER DEPARTMENTS/
MINISTERIES
• ALL DIVERTED FOREST
LAND IF NOT DENOTIFIED
• FOREST AREAS OF DAMS/
RESERVOIRS
• FIELD FIRING RANGES
• FOREST LAND PROVIDED
ON LEASE

APPLICABILITY OF F.C.A
State Forest Deptt. State Revenue Deptt. Other Deptts./
Ministries
RF
PF (demarcated
& un-demarcated
both)
Village forests
Unclassed
forests (areas
notified under
Section – 4 of
IFA)
Revenue forests
Panchayat forests
Any area recorded
as “forests” in
Government
records
Area defined as
“forests as per
dictionary meaning
Private forests
All diverted
forest land if not
de-notified e.g.
dams, mines,
FFR, TPR etc.,
Forest areas of
dams &
reservoirs
Forest land
provided on
lease.

BROAD PARAMETERS FOR
APPLICABILITY OF F.C.A
• The area should be recorded as “forest” in any
Government records.
• The area should conform to dictionary
meaning of “forests” or any other definitions
provided by the State Government after order
dated 12.12.1996.
• Fresh breaking of land is involved.
• Transfer of lease rights from one person to
another.

SECTION -2 (i)
DE-NOTIFICATION OF FOREST AREA u/s
27 & 34A OF IFA
• FCA abridges statutory powers of FSO / Forest
Court / Collector / State Government to delete
and de-notify any forest area.
• The provisions apply to all kind of “forest
lands” including forest land under State
Revenue Department.

SECTION-2(ii) DIVERSION OF FOREST LAND
FOR NON-FOREST PURPOSES
• Cultivation of tea, coffee, spices, rubber, palms,
oil bearing plants, horticultural crops, or
medicinal crops regarded as non forest
purpose under F.C.A.
• Forest / wildlife management related
operations - exempted from this provision.

Continue…
• Sanctions / operations of mining (other leases)
{MMDR Act, 1957 or CBA (A&D) Act, 1957 or
State Minor Mineral Rules or Mineral Surry and
Petroleum Pipelines (ARUL) Act, 1962}.
• Renewal of all sorts of leases / assignments
shall require prior approval under FCA.
• Breaking of forest land after promulgation of
FCA (i.e. 25.10.1980) not allowed except under
“forest clearance”.

Continue…
• Status of forest land does not change after
diversion.
• Ownership of forest crop raised on diverted
forest land is remained vested in State Forest
Department.
• Legal status of water bodies still remain
“forests” – issuing agricultural pattas in draw-
down portion prohibited.
• No restriction on genuine “Nistar” rights-but
assignment of forest land prohibited.
• Extension of plinth area in private forests
attracts FCA.

Continue…
• Mineral removal after expiry of mining lease /
forest clearance.
• Applicability of FCA to forest areas notified
under blanket notifications.
• Applicability of FCA to forest villages.
• Applicability of FCA to the land diverted for
refugee settlements.

SECTION -2 (iii) ASSIGNMENT OF FOREST
LAND
Covers wide spectrum of activities, even certain provisions of
JFM / CFM / tree patta schemes contravene provisions of FCA.
This provision has not been put to acid test of judicial review.

SECTION – 2 (iv) TREATMENT OF FOREST CROP UNDER
DULY SANCTIONED WORKING PLAN IS MANDATORY
• The W.P. should be implemented in essence and
spirit.
• Carrying out only main fellings (without regeneration
& subsidiary operations) and ignoring other
operations tantamount to violation.
• Deviations require prior approval of MoEF.
• It is mandatory to implement conditions imposed in
sanctions.
• National Working Plan Code, 2014 launched.

INTERPRETATIONS OF FCA
Scope – FCA covers all diversions, silviculture /
management of forests, leases/ assignment of
forest land and denotifications.
Notification as RF not necessary – covers all
RF, PF, unclassed forests and areas under
blanket notifications.
Legal Status- Forest land diverted is not
denotified; reverts back to FD after lease is
over.
Leases / Assignments – attracts provisions of
Section-2(iii) of FCA.

• Section-2 of the FCA abridges powers of FSO, Forest
Court & State Government - When we interpret
Section-2 of FCA and Section-5 to 19, 27, 33 and 34 of
the IFA - any area notified under Section-4 or 29 of IFA
cannot be denotified unless prior approval under
Section-2(i) of FCA has been obtained.
• Invoking of restrictions on transfer of forest land to
persons organisation, committee, trust, companies
etc.
• Principle of “Natural Justice” and Fundamental Rights
in Forest Conservation Act cases.

• Breaking up of forest land after promulgation
of FCA.
• Breaking of forest land when it has been
notified under Section-9 of Coal Bearing Areas
(Acquisition & Development) Act, 1957.
• Projects involving both forest land and non-
forest land.
• Status of forest land after it has been diverted
under Section-2(ii) of FCA.
• Legal status of water bodies formed as a result
of the submergence of forest lands.
• Ownership of the forest crop raised on
diverted forest land.

• Prior approval of the Central Government for
harvesting of plantations on Government land.
• Applicability of Forest Conservation Act, 1980
in respect of building construction on private
forest lands.
• Cases of violation of Forest Conservation Act,
1980 vis-a-vis Indian Forest Act, 1927 / State
Forest Acts.
• Removal of mineral after the expiry of lease or
"forest clearance" from the lease area.

• Applicability of the Section-2(iii) of FCA to
assignment of forest land to corporations, JFM
Committees, trusts, authority or quasi-
government bodies.
• Applicability of blanket notifications to forest
lands.
• Applicability of FCA on forest villages.
• Applicability of FCA on draw-down portion of
submergence area.
• Applicability of FCA on the areas utilised for
settlement of refugees of erstwhile East
Pakistan & Tibet.

Lease in forest areas – Lease requires mining
lease under M.M. (D&R) Act, 1957, “forest
clearance” under FCA and “environmental”,
“site” and “project” clearance under EIA
notification.
Fresh breaking of forest land after
promulgation of FCA – even if lessee is
having sanctioned lease, it attracts FCA.
Lease renewal- Tantamount to sanction of
new lease, attracts FCA provisions.
Transfer of forest land –area diverted under
FCA cannot be transferred to other persons
without MOEF sanction.
Continue...

F.C.A and C.B.A (A & D ) Act, 1957 – F.C.A
provisions supersede provisions of C.B.A
(A&D) Act in forest areas.
Ownership of forest crop raised on diverted
land – diverted areas are not denotified thus
FD retains ownership rights.
F.C.A and Petroleum and Mineral Slurry
Pipelines (ARUL) Act, 1962 and Central
Electricity Act, 2003 - F.C.A supersede
provisions of these Acts.
Mineral removal after ML / forest clearance
is over – requires permission of the MOEF.

VIOLATION OF FCA
Sections 3A & 3B provide
imprisonment of 15 days.
Challan can be filed in the Court of
CJM after obtaining sanction of
MoEF.
Sanction under Section – 197 of
Cr.P.C. not required
Separately initiate / carried out
prosecution proceedings under
provisions of IFA.
Preparing challan / charge sheet for
prosecution.

Flow chart for obtaining “environment clearance”

Post “environment clearance” monitoring mechanism

3.1 Compensatory Afforestation
Compensatory afforestation is one of the most important conditions stipulated by the
Central Government while approving proposals for de-reservation of diversion of
forestland for non-forest users. It is essential that with all such proposals, a
comprehensive scheme for compensatory afforestation is formulated and submitted
to the Central Government.
The comprehensive scheme shall include the details of non-forest/degraded forest
area identified for compensatory afforestation, map of areas to be taken up for
compensatory afforestation, year0wise phased forestry operations, details of species
to be planted and a suitability certificate from afforestation/management point of vies
along with the cost structure of various operations.
Sometimes the compensatory afforestation schemes are being submitted at such a
cost structure, which is at variance with the cost norms for the same area. The
compensatory afforestatin scheme no doubt has to be site specific and thus per
hectare rate will vary according to species, type of forest and site. In this regard, it has
been decided that henceforth the compensatory afforestation schemes which are
being submitted along with the proposals for forestry clearance, must have technical
and administrative approvals from the competent authority and should be in
conformity with cost norms based on species, type of forest and site.

3.2. Land for Compensatory Afforestation
Compensatory afforestation shall be done over equivalent area of non-forest
land.
Clarification: 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 RF under the Indian Forest Act, 1927.
As far as possible, the non-forest land of compensatory afforestation should be
identified contiguous to or in proximity of Reserved forest or Protected Forest
to enable the Forest Department to effectively manage the newly planted area.
In the event that non-forest land of compensatory afforestation is not available
in the same district, non-forest land for compensatory afforestation may be
identified anywhere else in the State/UT as near as possible to the site of
diversion, so as to minimize adverse impact on the micro-ecology of the area.

• Where non-forest lands are not available or non-forest land is
available in less extent to the forest area being diverted,
compensatory afforestation may be carried out over degraded
forest twice in extent to the area being diverted or to the
difference between forest land being diverted and available non-
forest land, as the case may be.
• The non-availability of suitable non-forest land for compensatory
afforestation in the entire State/UT would be accepted by the
Central Government only on the Certificate from the Chief
Secretary to the State/UT Government to that effect.
• As an exception to 3.2. (i) above, compensatory afforestation may
be raised over degraded forest land twice in extent of the forest
area being diverted/dereserved in respect of following types of
proposals.

As an exception to 3.2. (i) above, compensatory afforestation may be raised over
degraded forest land twice in extent of the forest area being diverted/dereserved in
respect of following types of proposals.
• For extraction of mionr materils from the river beds. (However, if forest area to be diverted is
above 500 hectares, compensatory afforestation over equivalent area of degraded forest shall
be required to be done instead of twice the area being diverted subject to a minimum of 1000
hectare compensatory afforestation.)
• For construction of link roads, small water works, minor irrigation works, school buildings,
dispensaries, hospital, tiny rural industrial sheds of the Government or any other similar work
excluding mining and encroachment cases, which directly benefit the people of the area - in hill
districts and in other districts and in other districts having forest area exceeding 50% of the total
geographical area, provided diversion of forest area does not exceed 20 hectares.
• For laying of transmission line upto 220 KV.
• For mulberry plantation undertaken for silkworm rearing without any felling of existing trees.
• For diversion of linear or 'strip' plantation declared as protected forest along with road/rail/canal
sides for widening or expansion of road/rail/canal.
• For laying of telephone/optical fiber lines.

• No compensatory afforestation shall be insisted upon in respect of the
follwoing:
• For clearing of naturally grown trees in forestland or in portion thereof
for the purpose of using it for reforestation.
• Proposals involving diversion of forest land up to one hectare.
(However, in such cases, plantation of ten times the number of trees
likely to be felled will have to be carried out by way of compensatory
afforestation or any number of trees specified in the order).
• for underground mining in forest land below 3 metres. (However, in
respect of forest area required for surface right, compensatory
afforestation shall be required as per relevant provisions).
• DCases of renewal of mining lease, for the forest area already
broken/used for mining, dumping or overburden, construction of roads,
ropeways, buildings, etc. For the balance area, compensatory
afforestation shall be required to be done as stipulated, provided that
no compensatory afforestation had been stipulated and done in respect
of this area at the time of grant/renewal of lease earlier.

3.4. Lands indentified for compensatory Afforestation to be
Transferred to the Forest Department.
• Equivalent non-forest land identified for the purpose are to be
transferred to the ownership of the state Forest Department and
declared as reserved/protected forests, so that the plantation
raised can be maintained permanently. The transfer must take
prior to the commencement of the project.
• The compensatory afforestation should clearly be an additional
plantation activity and not a diversion of part of the annual
plantation programme.
• In each case where the afforestation target is over 500 hectares in
plains, and 200 hectares in hills, a Monitoring Committee shall be
established with a nominee of the Central Government to oversee
that the stipulations, including those pertaining to compensatory
plantation are carried out.

Compensatory Afforestation & Management Planning
Authority
• Clearance under forest (Conservation) Act, 1980:
• Deposition of funds with Ad-hoc-CMPA:
• Remittances to precede 2nd stage clearance.

• Following deliberation in the meetings of the Ad-hoc compensatory
Afforestation Fund Management and Planning Authority, Instructions
were issued to all concerned vide circular letter No. 12-2/2010-CMPA
dated 22nd October, 2010, 13th May, 2011 and 24th June, 2011 (copies
enclosed) to the effect that before 2nd stage clearances for diversion
of forest land under the Forest (Conservation) Act, 1980 are issued, it
will be necessary to seek a confirmation from the Ad-hoc CAMPA that
the funds have actually been deposited in the designated Savings
Bank accounts.
• 2. While the arrangements are by and large, working satisfactorily
and subserving the purpose of ensuring the proper deposition and
accounting of funds in the State CAMPA accounts maintained by the
Ad-hoc CAMPA, the following issues require yet to be addressed, viz:

I. In may cases, the funds received from different User
Agencies as compensatory afforestation funds are clubbed
together and then transferred to the State CAMPA accounts
maintained by the Ad-hoc CAMPA. This presents difficulties in
identification & location of the funds deposited by the
individual User Agencies. It is necessary that funds are
deposited in the designated accounts maintained by the Ad-
hoc CAMPA, Project-wise immediately as they are received
from the User Agencies. Clubbing of funds for different
projects must not be done:
II. Where the funds already been clubbed together, the
project - wise and component-wise break of the deposited
compensatory levies will be a must. Without this break up, it
will not be possible for for the Ad-hoc CAMPA to certify the
receipt of funds;

III. Compensatory levies are still being deposited in Current accounts
instead of the Savings Bank accounts of State CAMPA. It should be ensured
that the funds are deposited, preferably through the RTGS/IFSC mode in
the Savings Bank accounts of respective State CAMPA. Where User
agencies have already been asked to make deposits in the Current
Accounts, they may kindly be addressed individually to make the deposits
instead, in the Savings Bank accounts.
IV. In some cases funds deposited with the Banks in the States remain
with them for long periods, without transmission to the designated Banks
/accounts in New Delhi. This is not desirable. It should be ensured that the
unds should be deposited directly with the designated Banks/account, and
in exceptional cases where the deposits are made in the Banks in the
states, the immediately transmission of the designated
banks/accounts in Delhi should be ensured.
3. It is requested that appropriate instructions may kindly be issued to
concern to follow the above instructions scrupulously, so that the process
of clearance under the FCA 1980 is expedited.

SUPREME COURT ORDERS IN RESPECT OF
PROTECTED AREAS
1. "............... In the meantime, we restrain respondents No.s 2 to 32
from ordering the removal of dead, diseased, dying or wind-fallen
trees, drift wood and grasses, etc. from any National Park or Game
Sanctuary.............................."
(Supreme Court orders dated 14.02.2000 & 21.02.2000 in I.A. No. 548 in
WP No. 202/1995)104
2. ".............. Pending further orders, no dereservation of
forest/sanctuaries/national parks shall be effected."
(Supreme Court orders dated 13.11.2000 in I.A. No. 2 in WP No.
337/19Note: This order was re-iteradted by the Supreme Court on
09.022004 in IA No. 16.

2. ".............. Pending further orders, no dereservation of
forest/sanctuaries/national parks shall be effected."
(Supreme Court orders dated 13.11.2000 in I.A. No. 2 in
WP No. 337/1995)
Note: This order was re-iteradted by the Supreme Court
on 09.022004 in IA No. 16.
3. "............ In the meantime, no permission under Section
29 of the Wildlife (Protection) Act, 1972 should be
granted without getting approval of the Standing
Committee of Indian Board for Wildlife.............."
(Supreme Court orders dated 09.05.200 in I.A. No. 18 in
WP No. 337/1995)

CASE STUDIES
UNDER
FOREST (CONSERVATION) ACT, 1980

CASE STUDIES OF F.C.A.
"We are, therefore, of the view that while before
granting permission to start mining operations on a
virgin area Section-2 of the Act, has to be complied
with, it is necessary to seek the prior approval of the
Central Government for purposes of carrying out mining
operations in a forest area which is not broken up or
cleared before the commencement of the F.C.A.".
State of Bihar ver. Banshi Ram Modi,
AIR 1985, SC 814

"18. The aforesaid observations have been set in
detail in order to understand the true ratio of the
said decision in the background of the facts of
the case. It is true that this Court held that if the
permission had been granted before the coming
into operation of the 1980 Act and the forest
land has been broken up or cleared, Cl. (iii) of
Section-2 of 1980 Act would not apply in such a
case. But that decision was rendered in the
background of the facts of that case. The ratio of
any decision must be understood in the
background of the facts of the case. It has been
said long time ago that a case is only an authority
for what it actually decides, and not what
logically follows from it.

This Court observed in that decision that the result of
taking the contrary view would be "that while digging
for purposes of winning mica can go on, the lessee
would be deprived of collecting felspar or quartz which
he may come across while he is carrying on mining
operation in winning mica. That would lead to
unreasonable result which will not, in any way,
subserve the object of the Act. There was an existing
lease where mining operation was being carried on
and what was due by incorporation of a new term was
that while mining operations were being carried on
some other minerals were available, he was giving
right to collect those. The new lease only permitted
utilisation or collection of the said other minerals.

• The main purpose of the legislation of the Forest
Conservation Act, 1980 is to prevent further deforestation
and environmental degradation.
• The spirit and intention of the Forest Conservation Act, 1980
is to usher an era of balanced development and progress
without causing deforestation and having adverse effect on
the environment.
• With a view to check further deforestation, the Forest
Conservation Ordinance, 1980 had been promulgated on 25th
October, 1980. The present Act replaced the said ordinance
and contains the similar provisions.
Ambica Quarry Works ver. State of Gujarat,
AIR 1987, S.C. 1073 : (1987)1 S.C.C. 213.

• The Act has been amended in 1988 to incorporate
penal provisions for the violation of the Section-2 of
the F.C.A.
• The Forest Conservation Act extends to the whole of
India except the State of Jammu & Kashmir and came
into force on 25th October,1980.
Renewal of mining lease is tantamount to
acquisition of new rights and cannot be
granted, except under prior approval of
MOEF, GOI.

Hyderabad Abrasives & Minerals ver. Govt. of A.P. & Others,
(1986) 2 Andhra LT p. 62.
In Hyderabad Abrasives & Minerals ver. Govt. of A.P. &
others, the Andhra Pradesh High Court held that
whereas the mining lease had been granted to a
person in a forest area before the commencement of
the Forest Conservation Act, on 25.10.1980 an
application for permission to clear forest cover made in
1982 can be granted only after obtaining approval from
the Central Government under the Forest Conservation
Act, 1980.

Uttar Pradesh Gandhi Smarak Nidhi Vyavasthapak ver.
State of U.P.,
1988, Allahabad L.J., 149, p.152.
• The law is well-settled that any non-forest activity in the forest
area without prior approval of the Central Government is
banned. For grant of mining lease or renewal of mining lease
for non-forest activity, the provisions of Section-2 of the FCA
has to be complied with, before grant or renewal of mining
lease.
• There is no distinction as to whether the mining area has been
broken or not, even if the area has been broken in terms of
earlier lease, unless mining lease is renewed after complying
with the requirement of Section-2 of the FCA meaning thereby
only after prior approval of the Central Government;

• Notification of forest land as 'reserve forest' not
necessary - The Forest Conservation Act, 1980 could
apply to any forest land, its notification as a "Reserved
Forest" (R.F.) under Section-20 of the Indian Forest Act,
1927 is not necessary for the application of the FCA.
• A mere reading of Section-2 of the FCA clearly shows
that prior approval of the Central Government is
mandatory as well as a pre-condition of the grant of
lease of forest lands for non-forest purposes.
• It is admitted beyond doubt that a mining lease is
meant for non-forest purpose.
• The impugned order states that the grant would be
subject to a special condition that the commencement
of quarrying operation should be done only after
obtaining concurrence of MOEF,GOI.

National Thermal Power Corporation versus
Delhi Development Authority
AIR; March, 1983.
 Meaning of expression 'forest' and 'forest
land' - Any area notified under Section-4, 20, 28
and 29 attracts provisions of the Forest
Conservation Act, 1980.
 The FCA Guideline 1.1.(i) has made it clear
that any area notified under Section-4 also
comes under purview of Forest Conservation
Act, 1980. The Forest Conservation Act, 1980
could apply to any forest land, its notification as
a 'Reserve Forest' (RF) under Section-20 of the
Indian Forest Act, 1927 is not necessary for the
application of the same.

• A question has been raised regarding applicability of the Forest
Conservation Act on the undemarcated forests. The "Reserve
Forests" notified under Section-20 is always demarcated
forests.
• The question of applicability of FCA to undemarcated forests
has been answered in the order dated 12.12.1996 of the
Hon’ble Supreme Court (Civil Writ Petition 202/95, T.N.
Godavarman Thirumulkpad ver. Union of India & others).
• But as far as "Protected Forests" are concerned, it requires
some clarifications. The first Indian Forest Act, 1865 (Act-VIII of
1865) was placed on the Statute Book in 1865 ; which was
replaced by Indian Forest Act, 1878 (Act-VII of 1878). The
Indian Forest Act, 1878 was replaced in 1927 and several
blanket notifications have been issued.

A. Invoking of restrictions on transfer of forest land to
persons, organisations, committee, trusts, companies tc.
B. Section-2(iii) of the Forest Conservation Act, 1980
restricts the powers of State Government to transfer
or create any rights or privileges in or over a forest
land or a portion of forest land either by a lease or
otherwise.
N.B. Hakku Sthapna Samiti ver.
State of Karnataka
(1997) 3 Karnataka LJ, p. 279.

• The expression 'otherwise' will, include
assignment of rights even by way of easement
or licence.
INFERENCE
Forest land cannot be assigned to any
person, organisation, company, trust,
committee or company without obtaining
clearance under Section-2(iii) of Forest
Conservation Act.
VIOLATION SHALL CREAT PROBLEMS IN
RENEWAL OF MINING LEASE

The Forest Conservation Act, 1980 applies to renewal of leases as well
and even if there was a provision for renewal in the lease agreement on
exercise of lessee's option, the requirements of FCA had to be satisfied
before such renewal is granted.
The expression "forest land" has not been defined under the
Indian Forest Act, 1927 or under the Forest Conservation Act, 1980.
Section-3 of the Indian Forest Act 1927; however, provides some clue to
its meaning. The Section-3 of Indian Forest Act, 1927 empowers the
State Government to declare any forest-land or waste land belonging to
the State as a reserved forest. This means that the "reserved forest" can
comprise of forest-land as well as waste land. In turn it means that on
de-reservation of "reserved forest" the land would be forest land or
waste land depending upon its functional status at the time when it
was notified as reserved forest.

This appeal by special leave arises from the order of the Division
Bench of the Andhra Pradesh High Court dated July 7th, 1995 made
in Writ Appeal No. 96/94. The admitted facts are, that the
respondent had a mining lease granted by the Director of Mines on
September 18, 1979 to extract minerals from the forest area for five
years, i.e. upto September 12, 1984. The Forest Conservation Act,
1980 came into force on October 25th, 1980. Therefore, by the date
of the expiry of the lease, the authorities were denuded of the
power to grant renewal of the mining lease without obtaining
"forest clearance" under Forest Conservation Act, 1980.
S.NAGESHWARAMMA
VERSUS
DIVISIONAL FOREST OFFICER

Lease is right to extract minerals and the renewals
should be in accordance with the law in operation
as on the date of renewal. Renewal of lease being
not a vested right, the application for renewal
must be disposed of according to law prevailing as
on the date. On expiry of the lease period, on
September 13, 1989, an application filed for the
renewal thereof. It would be obvious that the
renewal was in violation of Section-2 of the Forest
Conservation Acts ; since, admittedly, the prior
approval of the Central Government was not
obtained.

Consequently, the Forest Department in the joint
inspection made on February 7, 1990 discovered that
the respondent was extracting mineral within the
forest area and, therefore, they issued directions for
canceling the lease. Consequently, the respondent
filed writ in the High Court. After the joint survey was
conducted under the direction of the High Court. The
High Court directed the respondents to carry on
extraction of the stacked material from the leased out
area subject to the respondents obtaining prior
approval of the competent authority.

It was contended by learned counsel for the respondent, that what
the respondent has been denied is not making any fresh extraction
of the mineral in the forest area but only the removing of the
stacked minerals from the surface of the earth that too, with the
permission granted by the authorities ; the direction issued by the
High Court in the impugned order, therefore, is incorrect in law. But
the Hon'ble Supreme Court found no force in the contention. The
learned Judges have proceeded on the premise that the
respondent is entitled to extract and remove minerals, said to be
stacked on the ground that the lease is a valid lease; otherwise he
does not get any right. The premise on which the Division Bench
has proceeded is obviously illegal.

It is a total prohibition, unless the state Government grants mining
lease with the prior concurrence of the Central Government.
Admittedly, the prior concurrence of the Central Government had
not been obtained. The learned counsel placed FCA guidelines
issued by the MOEF, GOI before the Hon'ble Supreme Court.
Therein, the question is of the clearance of the projects by the
State Government without obtaining the prior concurrence of the
MOEF, GOI. In that behalf, it was mentioned that the renewal of
the mining leases, if they are within particular radius was directed
to be done without any fresh breaking up of fresh area and felling
of the trees but subject to re-forestation. In this case that
situation does not arise.

This is a case of grant of renewal in routine way. Under these
circumstances the direction issued by the Division Bench of
the High Court is clearly illegal. The appeal is accordingly
allowed.
INFERENCE
In the light of the order of the Hon'ble Supreme
Court, it is mandatory to obtain prior permission of
the MOEF, GOI to extract minerals from the already
stacked material, if the "forest clearance" under the
FCA has expired.

The Rule-31 of the Mineral Concession Rules, 1960 stipulates that,
where an order has been made for the grant of such lease, a lease
deed in "Form-K" shall be executed within six months of the order or
within such further period as the State Government may allow in this
behalf. The Clause-5 (Part-IX, General Provisions of Form-K) provides
that the rents, rates and royalties payable by virtue of these presents
may at the expiration or sooner determination of the said term or
within six calendar months thereafter take down and remove for his /
their own benefit all or any (ore mineral excavated during the currency
of lease) engines, machinery, plant, building, structures, tramways,
railways and other works, erections and conveniences which may have
been erected, set up or placed by the lessee / lessees in or upon the
said lands and which the lessee / lessees is / are not bound to deliver
to the State Government under Clause-20, Part-VII, and which the
State Government shall not desire to purchase.

And under Clause-6, if at the end of six calendar months after the
expiration or sooner determination of the said term under the provision
contained in Clause-4 of Part-VIII becomes effective there shall remain in
or upon the said land any (ore or mineral) engines, machinery, plant, in
any other lands hold by him/them under prospecting licence or mining
lease the same buildings structures, tramways, railways and other work,
erections and conveniences or other property which are not required by
the lessee / lessees in connection with operations shall if not removed by
the lessee / lessees within one calendar month after notice in writing
requiring their removal has been given to lessee / lessees by the State
Government be deemed to become the property of the State Government
and may be sold or disposed of in such manner as the State Government
shall deem fit without liability to pay any compensation or to account to
the lessee / lessees in respect thereof situated within the forest area.

T.N. Godavarman ver. Union of India,
AIR 1997, SC 1226 (1997); 2 Supreme To-day p. 221.
"The Forest Conservation Act, 1980 was enacted with a view to check
further deforestation which ultimately results in ecological imbalance ;
and therefore, the provisions made therein for the conservation of
forests and for matters connected therewith, must apply to all forests
irrespective of the nature of ownership or classification thereof. The
word "forest", must be understood according to its dictionary
meaning. This description covers all statutorily recognised forests,
whether designation as reserved, protected or otherwise for the
purpose of Section-2(i) of the Forest Conservation Act. The term
"forest land", occurring in Section-2, will not only include "forest" as
understood in the dictionary sense, but also any area recorded as
forest in the Government record irrespective of the ownership.

This is how it has to be understood for the purpose of Section-2 of
the Act. The provisions enacted in the Forest Conservation Act, 1980
for the conservation of forests and the matters connected therewith
must apply clearly to all forests so understood irrespective of the
ownership or classification thereof. This aspect has been made
abundantly clear in the decisions of this court in Ambica Quarry
Works and Ors versus State of Gujarat and Ors. (1987 (1) Sec-213),
Rural Litigation and Entitlement Kendra versus State of U.P. [1989
Suppl. (1) Sec-504], and recently in the order dated 29th November,
1996 in W.P.(C) No. 749/95 (Supreme Court Monitoring Committee
Vs. Mussorie Dehradun Development Authority and Ors. The earlier
decision of this court in State of Bihar versus Banshiram Modi and
Ors,[(1985(3) Sec-643] has, therefore, to be understood in the light
of these subsequent decisions. We consider it necessary to reiterate
this settled position emerging from the decision of this court to
dispel the doubt, if any, in the perception of any State Government
or authority."

A. In respect of open cast mining in forest areas, a comprehensive
study of solid waste management and land reclamation with post
mining land use plan and de-commissioning should be made.
B. The plan should envisage the minimum possible overburden
dumping outside the mine. In place where the non-forest land is
available, the external dumping of the overburden should be planned
on non-forest land.
C. Special attention should be given to top-soil and sub-soil handling and
management.
D. For preparing "Rehabilitation Plan" consult the Handbook.
OPEN CAST MINING IN FOREST AREAS

A. Mining plan in stratified deposits in forest areas should include the
predicted subsidence, slope and strain values and their impact
on forests and surface and their mitigation.
B. Maximum tensile strain of 20 mm per meter and thereby
the surface cracks of width of about 200 - 300 mm is to be
permitted in forest areas.
C. Accordingly, the mine plans should be made to restrict the
subsidence movement within these limits with the provision of
mitigation measures.
UNDERGROUND MINING IN STRATIFIED
DEPOSITS IN FOREST AREAS -

D. Diredted that all mining
plans in respect of coal and
other major minerals should be
got examined by institutes like
Indian School of Mines,
Dhanbad ; CMRI, Dhanbad ;
IBM, Nagpur and subsidence
analysis along with the
mitigation measures suggested
by themshould be submitted
along with the proposal.

FOREST CONSERVATION RULES, 2003
• In exercise of the powers conferred by Sub-section (1) of Section-4 of the
Forest (Conservation) Act, 1980 and in supersession of the Forest
(Conservation) Rules, 1981, the Central Government hereby makes the
following rules, namely:
• 1. Short title, extent and commencement- (1) These rules may be called
the Forest (Conservation) Rules, 2003.
(2) They shall extend to the whole of India except the State of J & K.
(3) They shall come into force on the date of their publication in the
oficial Gazette (14th January, 2003).

2. Definitions-
In these rules, unless the context otherwise requires -
(a) "Act" means the Forest (Conservation) Act, 1980 (Act-LXIX of 1980);
(b) "Committee" means the Advisory Committee constituted under Section-3 of the
Act;
(c) "Chairperson" means the Chairperson of the Committee;
(d) "Member" means a member of the Committee;
(e) "Nodal Officer" means any officer not below the rank of Conservator of Forests,
authorised by the State Government to deal with the forest conservation matters
under the Act;
(f) "Regional Office" means a Regional Office of the Central Government in the
Ministry of Environment and Forests established as part of the Ministry to deal with
the forest conservation matters under the Act;
(g) "section" means a section of the Act;
(h) "User Agency" means any person, organisation or Company or Department of
the Central or State Government making a request for diversion or de-notification
of forest land for non- forest purpose or using forest land for non-forest purpose in
accordance with the permission granted by the Central Government under the

• Rule-6:
Submission of the proposals seeking approval of the Central Government
under2 of the Act - (1) Every user agency, who wants to use any forest
land for non-forest purposes shall make his proposal in the appropriate
Form appended to these rules, i.e.
Form 'A' for proposals seeking first time approval under the Act
Form 'B' for proposals seeking renewal of leases where approval of the
Central Government under the Act had already been obtained earlier, to
the concerned nodal officer authorised in this behalf by the State
Government, alongwith requisite information and documents, complete
in all respects, well in advance of taking up any non-forest activity on the
forest land.

1. Project details:
(i) Short narrative of the proposal and project /
scheme for which the forest land is required.
(ii) Map showing the required forest land, boundary of
forest on a 1:50,000 scale map.
(iii) Cost of the project:
(iv) Justification for locating the project in forest area.
(v) Cost-benefit analysis (to be enclosed).
(vi) Employment likely to be generated.
2. Purpose-wise break-up of the total land required:
3. Details of displacement of people due to the project, if any:
(i) Number of families.
(ii) Number of Scheduled Castes/Scheduled Tribe
families
Form for seeking prior approval under Section-2 of
the proposals by the State Governments and other
authorities PART-I
(to be filled up by user agency)

4. Whether clearance under Environment (Protection) Act, 1986 required? (Yes/No).
5. Undertaking to bear the cost of raising and maintenance of compensatory
afforestation and/or penal compensatory afforestation as well as cost
for protection and regeneration of Safety Zone, etc. as per the scheme
prepared by the State Government (undertaking to be enclosed).
6. Details of Certificates/documents enclosed as under the instructions.
Signature
(Name in Block letters)
Designation
Address (of User Agency)
Date: _____________
Place: _____________
State serial number of proposal______________
(To be filled up by the Nodal Officer with date of receipt)

PART-II
(To be filled by the concerned Deputy Conservator of Forests)
State Serial No. of proposal________________
7. Location of the project / scheme:
(i) State / Union Territory.
(ii) District.
(iii) Forest Division.
(iv) Area of forest land proposed for diversion.
(v) Legal status of forest.
(vi) Density of vegetation.
(vii) Species-wise (scientific names) and diameter
class-wise enumeration of trees (to be
enclosed in case of irrigation / hydel projects
enumeration at FRL, FRL-2 meter & FRL-4 meter
also to be enclosed.)
(viii) Brief note on vulnerability of the forest area to
erosion.

(ix) Approximate distance of proposed site for diversion from
boundary of forest.
(x) Whether forms part of national park, wildlife sanctuary,
biosphere reserve, tiger reserve, elephant corridor, etc. (If
so, the details of the area and comments of the Chief Wildlife
Warden to be annexed).
(xi) Whether any rare / endangered / unique species of flora and
fauna found in the area - if so details thereof.
(xii) Whether any protected archaeological / heritage site /
defence establishment or any other important monument is
located in the area. If so, the details thereof with NOC from competent
authority, if required.
8. Whether the requirement of forest land as proposed by the user
agency in Column 2 of Part-I is unavoidable and barest minimum for the
project. If no, recommended area item-of alternatives examined.

9. Whether any work in violation of the Act has been carried out (Yes /
No). If yes, details of the same including period of work done, action taken
on erring officials. Whether work in violation is still in progress.
10. Details of compensatory afforestation scheme:
(i) Details of non forest area / degraded forest area
identified for compensatory afforestation, its distance from adjoining
forest, number of patches, size of each patch.
(ii) Map showing non-forest / degraded forest area
identified for compensatory afforestation and adjoining forest
boundaries.
(iii) Detailed compensatory afforestation scheme including
species to be planted, implementing agency, time schedule, cost
structure, etc.
(iv) Total financial outlay for compensatory afforestation
scheme.
(v) Certificates from competent authority regarding
suitability of area identified for compensatory afforestation
and from management point of view. (To be signed by the concerned
DyCF.

11.Site inspection report of the DCF (to be enclosed) especially
highlighting facts asked in Column-7 (xi, xii), 8 and 9 above.
12.Division / District profile:
(i) Geographical area of the district.
(ii) Forest area of the district.
(iii)Total forest area diverted since 1980 with number of
cases.
(iv)Total compensatory afforestation stipulated in the
district / division since 1980 on
(a) forest land including penal compensatory afforestation,
(b) non-forest land:
(v) Progress of compensatory afforestation as on ……… (a) forest
land:
(b) non-forest land:
13. Specific recommendations of the DCF for acceptance or otherwise
of the proposal with reasons.
Signature
Name
Official Seal

14. Whether site, where the forest land involved is located has been
inspected by concerned Conservator of Forests (Yes/No). If yes, the date of
inspection & observations made in form of inspection note to be enclosed.
15. Whether the concerned Conservator of Forests agree with theinformation
given in Part-B and the recommendations of Deputy Conservator of Forests.
16. Specific recommendation of concerned Conservator of Forests for
acceptance or of the proposal with detailed reasons.
PART-III
(To be filled by the concerned Conservator of Forests)
Signature
Name
Official Seal
Date:_____________
Place:_____________

PART-IV
(To be filled in by the Nodal Officer or Principal Chief Conservator of
Forests or Head of Forest department)
Signature
Name & Designation
(Official Seal)
Date:_____________
Place:_____________
17. Detailed opinion and specific recommendation
of the State Forest Department for acceptance
or otherwise of the proposal with remarks.
(While giving opinion, the adverse comments
made by concerned Conservator of Forests or
Deputy Conservator of Forests should be
categorically reviewed and critically commented
upon).

PART- V
(To be filled in by the Secretary in charge of Forest Department or by any other authorised officer of the State Government not
below the rank of an Under Secretary)
Signature
Name & Designation
(Official Seal)
Date: _____________
Place: _____________
18. Recommendation of the State Government:
(Adverse comments made by any officer or
authority in Part-B or Part-C or Part-D above
should be specifically commented upon)

PROSPECTING IN FOREST AREAS
• Prospecting inside forest areas, biosphere reserve,
sanctuaries and national parks; sample, yield and
preservation plots.
•Prior permission necessary for survey and
prospecting in protected areas.
•Entry in the forests for surveys and Investigations.
•Procedure for prospecting, survey and
investigations.
•Pitting and trenching not allowed.
•About 10 boreholes / 100 sq. kms. Permitted for
prospecting.

•Investigations and surveys carried out in connection
with development projects such as transmission lines,
hydro-electric projects, seismic surveys, exploration
for oil drilling etc., will not attract the provisions of
the Act as long as these surveys do not involve any
clearing of forest or cutting of trees, and operations
are restricted to clearing of bushes and lopping of
tree branches for purpose of sighting.
•If, however, investigations and surveys involve
clearing of forest area or felling of trees, prior
permission of the Central Government is mandatory.

The Guideline 1.3 (ii) of MOEF, GOI
stipulates that, survey, investigation and
exploration shall not be carried out in
wildlife sanctuaries, national parks and
sample plots demarcated by the Forest
Department without obtaining the prior
approval of the Central Government,
whether or not felling of trees is involved.
SURVEY AND INVESTIGATIONS IN
NATIONAL PARKS & SANCTUARIES

DIAGRAMMATIC FLOW-CHART OF PROSPECTING
IN FOREST AREAS

COMPENSATORY AFFORESTATION
•Compensatory afforestation is one of the most
important conditions stipulated by the Central
Government while approving proposals for
dereservation or diversion of forest land for non-forest
uses.
•All such proposals should submit a comprehensive
scheme for compensatory afforestation.
•Accordingly a detailed compensatory afforestation
scheme along with details of non-forest /degraded forest
area identified for compensatory afforestation, map, etc,
is required to be submitted in the prescribed form.

• Compensatory afforestation shall be done over equivalent area of non-
forest land.
• As far as possible, the non-forest land for compensatory afforestation
should be identified contiguous to or in the proximity of RF or PF to enable
the Forest Department to effectively manage the newly planted area.
• In the event that non-forest land for compensatory afforestation is not
available in the same district, non forest land for compensatory
afforestation may be identified anywhere else in the State / UT as near as
possible to the site of diversion, so as to minimise adverse impact on the
micro-ecology of the area.
• Where non-forest lands are not available or non-forest land is available in
less extent to the forest area being diverted, compensatory afforestation
may be carried out over degraded forest twice in extent to the area being
diverted or to the difference between forest land being diverted and
available non-forest land, as the case may be.
LAND FOR COMPENSATORY AFFORESTATION

• The non-availability of non-forest land for CA would be
accepted by the Central Government only on the
Certificate from the Chief Secretary.
• As an exception to 3.2. (i) above, compensatory
afforestation may be raised over degraded forest land
twice in extent of the forest area being diverted
• For extraction of minor minerals from the river beds.
(however, if forest area to be diverted is above 500
hectares, compensatory afforestation over equivalent
area of degraded forest shall be required to be done
instead of twice the area being diverted subject to a
minimum of 1000 hectares CA.

•For construction of link roads, small water works, minor
irrigation works, school building, dispensaries, hospital,
tiny rural industrial sheds of the Government or any other
similar work excluding mining and encroachment cases,
which directly benefit the people of the area in hill districts
and in other districts having forest area exceeding 50% of
the total geographical area, provided diversion of forest
area does not exceed 20 hectares.
•For laying of transmission lines up to 220 K.V.; mulberry
plantation; diversion of linear or 'strip' plantation declared
as protected forest ; laying of telephone / optical fibre
lines51.

• No compensatory afforestation shall be insisted upon in
respect of the following:
(a) For clearing of naturally grown trees in forest land or in
portion thereof for the purpose of using it for reforestation.
(b) Proposals involving diversion of forest land up to one hectare.
(however, in such cases, plantation of ten times the number
of trees likely to be felled will have to be carried out by way of
compensatory afforestation or any number of trees specified
in the order).
(c) For underground mining in forest land below 3 meters.
(however, in respect of forest area required for surface right,
compensatory afforestation shall be required as per relevant
provisions.

The scheme for compensatory afforestation should contain the following
details:
(a) Details of equivalent non-forest or degraded forest land identified
for raising CA.
(b) Delineation of proposed area on map.
(c) Agency responsible for afforestation.
(d) Details of work schedule proposed for CA.
(e) Cost structure of plantation, provision of funds and the mechanism
to ensure that the funds will be utilized for raising afforestation.
(f) Compensatory Afforestation Management Planning Authority.
ELEMENTS OF SCHEME FOR
COMPENSATORY AFFORESTATION

RECLAMATION OF MINED OUT AREAS
Restoration – Implies restoring to land to something like
its original form and use.
Reclamation – Implies that the land will be returned to a
form and productivity that is useful and in
conformity with the prior land use plan. Further
restoration is often applied to progressive or short
life excavations, when the land can be quickly and
obviously returned to its original state. Restoration
is often used to indicate the biological properties of
the soil are being put back to what they were, but
reclamation does not necessary imply inferior land
use.

Restoration Strategy
• Afforestation.
• Agriculture.
• Housing and industry.
• Sports and Intensive Recreation.
• Land fill and Waste Disposal.
• Nature conservation and wildlife refuges.
• Water storage and supply.

Surface stability of mined out areas is of paramount importance in a
reclamation programme, more so, when the waste are fine and
climatic conditions are arid and wind erosion is likely. Afforestation is
the only alternative available for achieving long term stability:
 Physical stabilisation respreading topsoil, water spraying and
mulching.
• Chemical reaction of an appropriate reagent for stabilisation
to form an erosion resistant crust.
• Respreading top soil -
• Handling and spreading of waste rocks, subsoil and top
soil are very crucial to any reclamation programme.
Anaerobic decay of the organic matter and humus in the stored
soil can cause deterioration and acidification.
SURFACE STABILISATION

LEGAL REGIME FOR RECLAMATION OF MINED
OUT AREAS
• Mineral Concession Rules, 1960.
Rules 14(1), 27(1) (S)
• Condition 11(C) of part-7 of form-K.
• Mineral Conservation and Development Rules, 1988.
Rule-4(2)(b), Rule-9 and 13, Rule-14, Rule-28(5), Rule-31,
Rule-32, Rule-34 to 41, Rule-56, Rule-64.

NATURE OF LAND DEGRADATION AFTER MINING
• Loss of vegetative cover.
• Siltation.
• Pits/ Excavation
• Minerals waste dumps
• Soil quality.
• Damage to arable land.
• Soil erosion land slide and hydrological imbalance.
• Land subsidence
• Infrastructure.
• Tailing ponds
• Effect on habitat.

Methods of Reclamation
• Technical reclamation
• Biological reclamation.
CONTOURING OF OUTER O.B.D.

ANGLE OF REPOSE OF OUTER O.B.D.

VEGETATIVE AND MECHANICAL BUNDING

SUITABLE SPECIES FOR RECLAMATION
OPERATIONS
• Over burden of Coal –
Millingtonia, Cassia spectabilis, Acacia holociracia, A.
manzium, Acacia auriculiformis, A. catechu, A. nilotica
Dalbergia sissoo, Eucalyptus cameldulensis, E.hybrid,
Emblica officinalis, Pongamia pinnata.

• Saline, water logged -Tamarix dioica.
• Area liable to submergence Acacia nilotica, Butea monosperma, Zizyphus
mauratiana, Lagerstroemia floreginae.
• Salty lands -Eucalyptus, Phoenix, Tamarix, Thespesia, Salvadora,
Parkinsonia aculeata, Prosposis chileusis.

NET PRESENT VALUE
• Net present value – potential economic value of the site,
estimated by Faustmanns formula.
• NPV @ Rs.5.80 to Rs.11.20 lakhs per ha.
• To be deposited with CAMPA.
• NPV shall be utilised for forest conservation and
management operations.
• Now FCA proposal would be processed by MOEF, GOI
thrice.

A It has been brought30 to the notice of the MoEF that
Ministries of Mines and Coal are allotting mining sites
involving forest land to public and private sectors for mining
of major minerals.
B. The MOEF clarified that such an allotment without prior
approval / consultation of the Ministry is contravention of
the provisions of the Forest Conservation Act, 1980.
C. Moreover, by making one sided allotment, entrepreneurs are
being put into unnecessary hardship. These entrepreneurs are
approaching the Ministry with repeated requests to
approve the proposal.
D. The MOEF has also requested the concerning Ministries to
send a detailed list of such areas, so that Ministry can
ALLOTMENT OF FOREST AREAS BY THE
MINISTRIES OF MINES & COAL

After careful examination of the issues involved, the following
line of action has been decided by the MOEF:
(i) For small mines, instead of sending individual
proposals, proposals for clusters of mines in a
particular district or tehsil may be prepared by the
State Government.
(ii) If forest area to be broken up afresh in respect of
individual mines in a proposal for a cluster of
mines is upto 1 ha., no CA over equivalent land would
be required. However, if the forest area in a block
application contains more than 60% of its area under
mining leases.
CLUSTER APPROACH IN MINING

(iii) If the area of the individual mines in the proposal
for a cluster of mines is upto 20 ha. each, cost
benefit analysis will not be insisted upon.
(iv) In respect of areas already broken up (including
areas already utilized for roads, over burden
dumping, statutory buildings, mineral dumping
and sheds etc.) no compensatory afforestation will
be insisted upon. However, in respect of mines
where renewal / grant of lease has been
done without obtaining prior approval of the
Central Government under FCA, the area to be
broken up shall be calculated with respect to the
situation existing as on the day on which such
leases have been renewed / granted irregularly
after 25.10.1980, i.e. areas broken up / used
without obtaining prior approval under the FCA.

The MOEF vide letter dated 30.10.1998 has added Para-4.18. to the
guidelines, with an intention to grant one year working permission
along with the in-principle approval.
“4.18. In respect of proposals related to renewal of mining
leases, the Central Government would grant one year working
permission, along with in-principle approval, for already broken up
areas so as to enable the State Government to comply with the
conditions. This period can be extended by one more year
subject to submission of reasonable progress report from the
State Government as regards to the steps taken to comply
with the stipulated conditions.
WORKING PERMISSION(S)

The attention of the MOEF has been drawn by several user agencies as
well as Federation of Indian Mineral Industries (FIMI) that safety zones
area calculation is not being done in a uniform manner in different
States and therefore issued clarifications for this purpose.
A. It has also been observed by the Ministry that while
submitting proposals under FCA different norms of safety
zone calculations have been adopted for different proposals. It has
been seen by the MOEF that in some proposals safety zone around
magazine and safety zone requirement for blasting has been
taken as safety zone area under FCA.
B. Safety zone area calculation in the proposal should be done
taking, 7.5. metres strip of the forest land all along the outer
boundary of the mining lease area. If it is a cluster proposal, then the
outer boundaries of the cluster should be taken as the safety zone.
SAFETY ZONE IN MINING

C. In some of the mining lease areas, public roads, forest
roads, natural streams and nallahs are also located. In order
to safeguard these from the mining activities, it is necessary
that no mining activities should be carried out up to certain
reasonable extent. This area can also be included in the
safety zone calculation and provision for its fencing and
regeneration should be made.
D. It is further clarified by the MOEF that area under safety
zone has to be indicated separately in the proposal and will
not be included in the area demanded for diversion. This
area will remain under control of the State Forest
Department and its fencing, regeneration etc. will be done
by the Department from the fund obtained from the user
agency.

CAUSES OF DELAY
 Proposals are not prepared
correctly and doesn’t reflect de-
facto status. Every case is
different since forestlands have
heterogeneous origin.
 Cost-Benefit Analysis.
 Reclamation and safety zone
management plan.
 Emphasis on political
intervention rather than getting
clearance ( required at MOEF).
 Administrative approval at
State Forest Minister level.

 Two stage clearance (likely to
be three stage -CAMPA).
 No presentation before SAG
&FAC.
 Transfer of NFL for CA.
 Concurrence of CWLW, State
Wildlife Board, National Wildlife
Board not obtained at stipulated
stage.
 EIA with reference to wildlife not
submitted.
 “Impact Assessment” not
carried out.

 Net present value
(NPV) –
Rs.5.80-11.20 lakhs /
ha.
 PILs, court
interventions.
 Violations occurred /
carried out.
Mindset to comply
“law of the land” and
thorough understanding
are the only solutions for
speedy clearances.

RECENT DEVELOPMENTS IN F.C.A.
 Large number of PILs are pending in
HSC /HHC (CWP 202/95, 337/95), passed
app. 70 orders, mostly these orders have
not reported in AIR, SCC, SC Almanac etc.
 Constitution of Central Empowered
Committee and State Empowered
Committees, for dealing with FCA, IFA
and WLPA cases.
 Many hardcore conservationists are
members of these committees. Technical
pleadings / loopholes of the law are the
only solutions.

Continue...
 Interventions by WWF, World Conservation Union,
BNHS, Ramsar Convention, Convention on Migratory
Species, Centre for Environmental Law etc. cannot be
ruled out.
 Judicial / NGO activism.
 In I.A. No.860 Bhopal Municipal Corporation was
fined Rs.6.5 crores.
 Power Grid Corporation of India (GOI PSU) was
forced to pay Rs. 45 crores in the case of Rajaji
National Park, Uttaranchal.
 NMDC is facing closure of Bellary Mine in Karnataka.

 Promulgation of Forest Conservation
Rules, 2003.
 Proposed constitution of CAMPA to
deal with funds of CA, PCA, net
present value, safety zones etc.
 Thus the file will go to MOEF thrice.
ADVICE
Forests and wildlife (particularly national
parks, wildlife sanctuaries, biosphere
reserves, ecologically sensitive zones,
marine NPs are dangerous and troubled
waters – handle cases with extreme care.

COAL BEARING AREAS (A & D) ACT, 1957 AND
F.C.A.
An Act to establish in the economic interest of India
greater public control over the coal mining industry
and its development by providing for the acquisition
by the State of unworked land containing or likely to
contain coal deposits or of right in or over such land,
for the extinguishment or modification of such rights
accruing by virtue of any agreement, lease, licence or
otherwise, and for matter

• 4. Preliminary notification respecting intention to
prospect for coal in any area and powers of
competent authorities thereupon - (1) Whenever it
appears to the Central Government that coal is likely
to be obtained from land in any locality, it may, by
notification in the Official Gazette, give notice of its
intention to prospect for coal therein.
• (2) Every notification under Sub-section (1)
shall give a brief description of the land and state its
approximate area.

9. Declaration of acquisition - (1) When the Central
Government is satisfied, after considering the report,
if any, made under Section-8 that any land or any
rights in or over such land should be acquired, a
declaration shall be 10[and different declarations may
be made from time to time in respect of different
parcels of any land, or of rights in or over such land,
covered by the same notification under Sub-section
(1) of Section-7, irrespective of whether one report or
different reports has or have been made (wherever
required) under Sub-section (2) of Section-8.

6. Compensation for any necessary damage
done under Section-4 - (1) Whenever any
action of the nature describe in Sub-section
(3) of Section-4 is to be taken, the
competent authority shall, before or at the
time such action is taken, pay or tender
payment for all necessary damage which is
likely to be caused, and in case of dispute as
to the sufficiency of the amount so paid or
tendered or to the person to whom it should
be paid or tendered, he shall at once refer
the dispute to and the decision of the
Central Government, shall be final.
(2) The fact that there exists any such
dispute as is referred in this section shall not
be a bar to action under Sub-section (3) of
Section-4.

C.B.A. (A & D) and F.C.A.
•Prior permission necessary for survey and prospecting.
•Coal bearing areas requiring tree felling in prospecting /
survey operations.
•Entry in the forests for surveys and investigations.
•Projects involving both forest land and non-forest land.
•Survey and investigations in national parks & sanctuaries.
•Legal status of forest land diverted for coal mining
purposes.

•Reassigning subletting of forest land to private public
limited company, individual, agency or oganisation –
•Breaking of forest land when it has been notified under
Section-9 of C.B.A. (A&D) Act, 1957- Hon'ble Supreme
Court in the Civil Appeal No. 2439/84 (State of Bihar Ver.
Bansi Ram Modi & Others) decided on 07.05.1985 that to
start mining operations on a virgin area Section-2 of the
Forest Conservation Act has to be complied with it is not
necessary to seek the prior approval purposes of carrying
out mining operations in a forest area which has been
broken up or cleared before the commencement of the
FCA on 25.10.1980.

Renewal of coal mining leases - The coking coal mines were
nationalised under the provisions of Coking Coal Mines
(Nationalisation) Act, 1972 and the Coal Mines (Nationalisation) Act,
1973. Under Section-6 of the Coking Coal Mines (Nationalisation)
Act, 1972 Act the Central Government became lessee of the State
Government or such other person as the case may be in relation to
such coking coal mine, as if a fresh mining lease had been granted to
the Central Government under the Mineral Concession Rules, 1960.
Likewise the other coal mines were nationalised under the
provisions of Coal Mines (Nationalisation) Act, 1973 under Section-
4(i) of this Act "Where the rights of an owner under any mining lease
granted, or deemed to have been granted, in relation to a coalmine,
by a State Government or any other person, vest in the Central
Government shall, on and from the date of such vesting, be deemed
to have become the lessee of the State Government or such other
person, as the case may be, As per Sub-section 8(2) of MMRD
Act,1957 a mining lease may be granted for 30 years and renewed
for a period not exceeding 20 years ; provided that no mining lease
granted in respect of a mineral specified in Schedule-I shall be
renewed except with the previous approval of the Central
Government.

It is clear from the said section that by virtue of
fiction created by this statute, the Central
Government becomes a mining lessee for a period
of 30 years (which is the maximum period for which
a lease could be granted by the State Government
under the Mineral Concession Rules) and the period
of such lease would commence from the date of
vesting i.e. 01.05.1973. Thus the position is clear
that in respect of all the mines nationalised by the
above mentioned Act, the Central Government /
PSU concerned has automatically become lessee of
the State Government for a period of 30 years from
01.05.1973.18
Vide No. 21(8) 75 - OL dated 14.10.1976 of Deptt.
of Coal, Ministry of Energy, GOI.

Removal of coal after the forest clearance / lease has
been expired- The Lease of the mining area is
sanctioned by the State under Mineral Concession
Rules, 1960. . After the expiry of the lease period the
lessee is not allowed to extract mineral from the
mine, even transportation of already extracted/
stacked mineral is prohibited19 unless approval of
MOEF, GOI has been obtained under the Forest
Conservation Act, 1980.

Diversion of forest land for non-forest purposes under the Forest
(Conservation) Act, 1980-ensuring compliance of the Schedule Tribes and
Other Traditional Forest Dwellers (Recognition of Forest Rights) Act,
2006.109
Accordingly, I am directed to say that proposals seeking prior
approval of Central Government under the Forest (Conservation)
Act, 1980 for projects like construction of roads, canals, lying of
pipelines/optical fiber and transmission lines etc. where linear
diversion of use of forest land in several villages are involved, unless
recognized rights of PTG/PAC are being affected, are exempted from
the requirement of obtaining consent of the concerned Gram Sabha
(s) as stipulated in clause (s) read with clause (b), (e) and (f) in
second para of this Ministry's said letter dated 03.08.2009.
This isues with approval of the Hon'ble Minister of State
(Independent Charge) for Environment and Forest.

Sub.: Guidelines for diversion of forest land for non-forest
purposes under the Forest (Conservation) Act, 1980-
Submission of proposals to obtain approval for diversion of
entire forest land located within the mining lease and grant of
environment clearance to mining projects.111
The Central Government after examination of the matter observed
that no forest and can be leased/assigned without first obtaining
the approval under the FC Act. Therefore, the forest area approved
under the FC Act should not be lesser than the total forest area
included in the mining lease approved under the Mines and
Minerals (Development and Regulation) Act, 1957 (MMDR Act).
Both necessarily have to be the same.

The Central Government after examination of the matter observed
that no forest and can be leased/assigned without first obtaining the
approval under the FC Act. Therefore, the forest area approved
under the FC Act should not be lesser than the total forest area
included in the mining lease approved under the Mines and Minerals
(Development and Regulation) Act, 1957 (MMDR Act). Both
necessarily have to be the same.
(i) Henceforth, in case of mining leases having forest land in part
in full, approval under FC Act for diversion on entire forest land
located within the mining shall be obtaining before
execution/renewal of the lease under the MMDR Act. Applications
seeking prior approval under FA Act for diversion of the entire forest
land (and not a portion thereof) located within the area proposed to
be assigned on lease shall only be accepted by the Nodal Officers in
the concerned State/Union Territory Government.

(i) Henceforth, in case of mining leases having forest land in part in full,
approval under FC Act for diversion on entire forest land located within the
mining shall be obtaining before execution/renewal of the lease under the
MMDR Act. Applications seeking prior approval under FA Act for diversion of
the entire forest land (and not a portion thereof) located within the area
proposed to be assigned on lease shall only be accepted by the Nodal Officers in
the concerned State/Union Territory Government.
(ii) All State/UT Governments shall within a period of three months submit to
this Ministry details of all such mines where approval under the FC act for
diversion of only a part of forest land has either been obtained or is presently
under examination in the State/Central Government. The State Governments in
all such cases shall request the concerned user agencies to submit application
to obtain approval under the FC Act for diversion of the remaining forest land
located within the mining lease. Mining in such leases after two years will be
allowed only if the user agency either obtains approval under the FC Act for the
entire forest land located within the mining lease or surrenders such forest land
for which approval under FC Act has not been obtained and execute a revised
mining lease for the reduced lease area.

(iii) As regards Environment Clearance (EC) cases of existing mining operations,
where approval under the FC Act for the full forest area in the mining lease are is not
available, granting of EC may be considered and the following process will be adopted
for processing such cases:
Grant of EC may be considered only for the non-forest area plus the forest area within
the mining lease for which FC is available. No. mining activities will be allowed in
forest area for which the FC is not available; and
The project proponent will seek and obtain approval under the FC Act for diversion of
the entire forest land located within the mining lease within a period of two years
from the date of issue of these guidelines, failing which the mining lease area will be
reduced to the non forest area plus the forest are for which the project proponent has
been able to obtain the FC at the end of this time period. In the case of reduction in
mine lease area, the project proponent will need to get a revised mining plan
approved from the competent authority for reduced area and enter into a new mining
lease as per reduced lease area. The EC will be constructed to available for the mining
lease area as per the revised mining lease deed.
•

Guidelines for diversion of forest land for non-forest
purposes under the Forest (Conservation) Act, 1980 –
Modification in para 4.4 and 2.2 (iii) thereof.113
1. The following shall be added in para 4.4 of the guidelines for diversion of forest land for
non-forest purposes under the Forest (Conservation) Act, 1980:
In the case of linear projects involving use of forest land falling in a portion of their length,
pending consideration of approval under the Act, work on non-forest land may only be
executed upto such point (to be selected by the user agency) on either side of forest land if it is
explicitly certified by the user agency that in case approval under the Act for diversion of forest
land is declined, it is technically feasible to execute the project along an alternate alignment
without involving diversion of forest land. Details of all such stretches along with alternate
alignments indentified to bypass the forest land should be explicitly provided in the proposal
seeking approval under the Act. It is specifically clarified in terms of the Lafarge judgment that
commencement of work on non forest land will not confer any right on the user agency with
regard to grant of approval under the Act.
The projects involving widening/upgradation of existing roads will only be allowed to be
executed on the entire stretch located in non-forest land, provided the user agency submits
and undertaking that execution of work on non-forest land shall not be cited as a reason for
grant of approval under the Act and in case approval under the Act for diversion of forest land
is declined, width of the portion of road falling in the forest land will be maintained at its
existing level. This will also be incorporated as specific condition of the Environment Clearance.

1. The following shall be added in para 4.4 of the guidelines for diversion of forest land
for non-forest purposes under the Forest (Conservation) Act, 1980:
In the case of linear projects involving use of forest land falling in a portion of their length,
pending consideration of approval under the Act, work on non-forest land may only be
executed upto such point (to be selected by the user agency) on either side of forest land if it
is explicitly certified by the user agency that in case approval under the Act for diversion of
forest land is declined, it is technically feasible to execute the project along an alternate
alignment without involving diversion of forest land. Details of all such stretches along with
alternate alignments indentified to bypass the forest land should be explicitly provided in the
proposal seeking approval under the Act. It is specifically clarified in terms of the Lafarge
judgment that commencement of work on non forest land will not confer any right on the
user agency with regard to grant of approval under the Act.
The projects involving widening/upgradation of existing roads will only be allowed to be
executed on the entire stretch located in non-forest land, provided the user agency submits
and undertaking that execution of work on non-forest land shall not be cited as a reason for
grant of approval under the Act and in case approval under the Act for diversion of forest land
is declined, width of the portion of road falling in the forest land will be maintained at its
existing level. This will also be incorporated as specific condition of the Environment
Clearance. This clarification will not apply to the roads falling in Protected Areas and the eco-
sensitive zones around Protected Areas. 2. Similarly, para 2.2 (iii) of the said guidelines shall
read as below:

The proposals for linear projects such as roads, railway line, transmission lines etc. may
be processed in their entirety. However, to facilitate phased preparation and processing,
the proposals seeking prior approval of the Central Government under the Act for such
projects maybe prepared Forest Division/state-wise starting from one end from which
work on the project is proposed to be initiated. However, a map indicating alignment of
the entire project, highlighting the portions passing through forest land, along with a
writ up on salient features of the entire project and details of approvals already
obtained and/or sought under the Act for other sections of the project, if any, shall be
provided in each of such proposals. Wherever the project passes through the forest
land, the user agency shall indicate an alternate alignment which may be used if
approval under the Act is declined. This will be a specific condition of the Environment
clearance to the project.
Provided further that to prevent occurrence of fait accompli situations, proposals
prepared Forest Division/state-wise shall be considered only if it is certified by the user
agency that in case approval under the Act for diversion of forest land required for the
remaining portions/stretches falling in other Forest Division/state is declined, it is
technically feasible to execute the project along an alternate alignment without
involving diversion of forest land. Details of alignments identified to bypass the forest
land in these stretches should explicitly be provided in the proposal seeking approval
under the Act.

In case of proposals involving widening/upgradation of
existing roads, it shall be certified by the user agency that
grant of approval under the Act to the extant proposal shall
not be cited as a reason for grant of approval under the Act for
diversion of forest required for other stretches of the project
and in case approval under the Act for diversion of forest land
is declined, width of the portion of the road falling in the
forest land will be maintained at its existing level.
This will be a specific condition in the Environment Clearance
to be accorded to the project, and this clarification will not
apply to roads located within the Protected Areas and eco-
sensitive zone around the Protected Areas where impacts
upon wildlife have also to be considered.

Guidelines for diversion of forest land for non-forest purposes
under the Forest (Conservation) Act 1980.– Safety Zone
The Ministry of Environment and Forest after review of the said guideline
decided that the para 4.7 (i) of the said guidelines should read as below:
"Approval under the Act for diversion of entire forest land located within the
mining lease, including the forest land located in safety zone, should be
obtained before execution of mining lease in favour of the user agency.
However, forest area required for safety zone should be indicated separately in
the proposal. Such area will have to be fenced at the cost of the project
authority. Further, project authority will have to deposit funds with the Forest
Department for the protection and regeneration of such safety zone area and
also will have to bear the cost of afforestation over one and a half times of the
safety zone area in degraded forest elsewhere."

Guidelines for diversion of forest land for non-
forest purposes under the Forest (Conservation)
Act 1980 – Submission of mining plans. 118
I am directed to say that a Group of Minister constituted by the cabinet Secretariat vide their
O.M. No. 121/4/32010-cab. Dated 03.02.2011 to consider the environmental and
developmental issues relating to coal mining and other development projects, in its fifth
meeting held under the Chairmanship of the Hon'ble Finance Minister on 20th September
2011 inter-alia accepted the following recommendations made by a committee constituted
under the Chairmanship of Shri B.K. Chaturvedi, Member (Energy). Planning Commission:
Project proponent should submit time bound plan indication Scientific Sequential Mining,
back filling and afforestation in mined out areas. The mining permission has to be for phased
mining operations initiating afforestation work in the first phase while mining starts in
second phase. This will ensure demonstration of sincerity of the projects proponent on the
above commitments.
If phased mining operations are conducted, afforestation should start form 5th, 7th year
phased mining operations should be completed with a strong monitoring by third party
whose reports should be published every year and put up on the website.
•

Accordingly, I am directed to say that para 2.2 (vii) 4 of the guidelines issued by
this Ministry for implementation of the Forests (Conservation) Act, 1980, which
reads as "4 Mining Plan: Ministry of Environment and Forests is receiving a large
number of proposals for grant of plan duly approved by the IBM, Nagpur should
be enclosed with the proposal along with map of forest area on prnted original
copy of Survey of India topo sheet 1:50,000 scale showing boundaries of forest
areas and other mining lease of forest block within that sheet" shall read as
below:
"4 Mining Plan:
Ministry of Environment and Forests is receiving a large number of Proposals for
grant of renewal of mining leases. In order to take holistic view, it is essential
that a copy of the mining plan duly approved by the IBM, Nagpur in case of
minerals other than Coal and lignite and by CMPDI Ranchi in case of coal should
be enclosed with the proposal along with map of forest area on printed original
copy of Survey of India topo sheet 1:50,000 scale showing boundaries of forest
area and other mining leases of forest block within that sheet.
Mining plan inter-alia shall indicate scientific sequential mining, back filling and
afforestation in carried out areas, along with annual plan/map indicating
afforestation in mined out area".

Guidelines for diversion of forest land for non-forest purposes
under the Forest (Conservation) Act 1980 Non – availability of
forest land for creation of compensatory afforestation. 119
I am directed to say that para 3.2 (iv) and 3.2 (v) of the guidelines issued by this
Ministry for implementation of the Forest (Conservation) Act, 1980 provide as
below:
3.2 (iv) Where non-forest lands are not available or non-forest land is available
in less extent to the forest area being diverted compensatory afforestation may
be carried out over degraded forest twice in extent to the area being diverted or
to the difference between forest land being diverted and available non-forest
land as the case may be.
3.2 (v) The non-availability of suitable non-forest land for compensatory
afforestation in the entire State/UT would be accepted by the Central
Government only on the Certificate from the Chief Secretary to the State/UT
Government to that effect."

To ensure that such certificates are issued after through scrutiny, it has been
decided by this Ministry that the following may further be added in the said
para 3.2 (v):
"provided, no such certificate be issued by the Chief Secretary, unless he/she
obtains joint certificates to this effect from each district collector and Division
Forest Officer in respect of area under their jurisdiction. Provided further that
in case it is found by the Central Government that after issue of any such
certificate by the Chief Secretary. Non-forest land has been made available for
raising plantations of forestry and/or commercial/horticulture tree species by
Government departments, the Central Government may issue direction to the
State/UT Government concerned, to transfer and mutate such land in favour of
the State/UT Forest Department and notify such non-forest land as Reserved
Forest/Protected Forest in accordance with the provisions of the Indian Forest
Act, 1927 or the Concerned local Act. Provided further that certificate of non-
availability of non-forest land shall be accepted only form those States having
area of forest land more than 50% of their geographical Area."
This issues with approval of the competent authority.

Clearance under Forest (Conservation) Act, 1980:
Deposition of under with the Ad-hoc-CMPA:
Remittances to precede 2nd stage clearance. 120
Following deliberation in the meetings of the Ad-hoc compensatory Afforastation Fund Management
and Planning Authority, Instructions were issued to all concerned vide circular letter No. 12-2/2010-
CMPA dated 22dn October, 2010, 13th May, 2011 and 24th June, 2011 (copies enclosed) to the effect
that before 2nd stage clearances for diversion of forest land under the Forest (Conservation) Act, 1980
are issued, it will be necessary to seek a confirmation from the Ad-hoc CAMPA that the funds have
actually been deposited in the designated Savings Bank accounts.
2. While the arrangements are by and large, working satisfactorily and are sub -serving the
purpose of ensuring the proper deposition and accounting of funds in the State CAMPA accounts
maintained by the Ad-hoc CAMPA, the following issued require yet to be addressed, viz:
in y cases, the funds received from different User Agencies as compensatory afforestation funds are
clubbed together and then transferred to the State CAMPA accounts maintained by the Ad-hoc CAMPA.
This presents difficulties in identification & location of the funds deposited by the individual User
Agencies. It is necessary that funds are deposited in the designated accounts maintained by the Ad-
hoc CAMPA, Project-wise immediately as they are received from the User Agencies. Clubbing of funds
for different projects must not be done:
where the funds already been clubbed together, the Project-wise and component-wise break of the
deposited compensatory levies will be a must. Without this breakup it will not be possible for the Ad-
hoc CAMPA to certify the receipt of funds;

Compensatory levies are still being deposited in Current Accounts instead of
the Savings Bank accounts of Sate CAMPA. It should be ensured that the funds
are deposited, preferably through the RTGS/IFSC mode in the Savings Bank
accounts of respective State CAMPA. Where User Agencies have already been
asked to make deposits in the Current Accounts, they may kindly be addressed
individually to make the deposits instead, in the Savings Bank accounts.
In some cases funds deposited with the Banks in the States remain with them
for long periods, without transmission to he designated Banks/accounts in
New Delhi. This is not desirable. It should ensured that the funds should be
deposited directly with the designated Banks/accounts, and in exceptional
cases where the deposits are made in the Banks in the States, the immediately
transmission of the designated banks/accounts in Delhi should be ensured.
3. It is requested that appropriate instructions may kindly be issued to
concern to follow the above instructions scrupulously, so that the process of
clearance under the FCA 1980 is expedited.

Guidelines for re-diversion of forest land under the
Forest (Conservation) Act, 1980.121 – Re-diversion
I am directed to say that this Ministry received proposals for re-diversion
of a part on whole of the forest land that has already been diverted under
the Forest (Conservation) Act, 1980. To facilitate decisions on such
proposals, this Ministry, on the basis of the recommendations made by
the Forest Advisory Committee constituted under section-3 of the afore-
mentioned Act, hereby issues following guidelines:
"Re-diversion" may be defined as diversion of a part of already diverted
forest land for using for another non-forest use by some other user
agency while continuing the use of whole of the diverted land by the
primary user agency in whose favour the land has already been diverted
earlier.

The procedure in respect of re-diversion (second
and unrelated use) of forest land shall be as below:
• Re-diversion of forest land to another user agency of already diverted
forest land, shall normally be considered if the proposed new use/activity
(both for public utility or otherwise) is compatible with and does not
hinder its use for which the forest land already stands diverted. However,
with prior written consent of the primary user agency, permission for re-
diversion may be accorded for the activities which are not fully compatible
with the activity for which the forest land has already been diverted. No
amount shall however, be levied by the primary user agency for grant of
such consent. Declaration that no amount has been levied by him to accord
the consent shall be integral part of his consent.
• In case the primary user agency feels that re-diversion of forest land
although not incompatible but may hinder compliance of any of the
conditions stipulated while according approval for its diversion in its favour.
Details of such conditions along with desired amendment may be indicated
in its consent letter.

• All proposals seeking re-diversion shall be accompanied with a written consent (along with a
declaration that no amount has been levied while giving the consent) of the primary user
agency. However, in case the applicant user agency seeking re-diversion is of the view that
though the proposed use/activity by him is fully compatible with and does not hinder in any
manner execution of the activity for which the forest land has already been diverted in favour of
the primary user agency, but the primary user agency has refused to accord his consent. It may
request the Nodal Officer, giving him the full details of the activities for which the forest land
has been diverted in favour of the primary user agency and the activities proposed to be
undertaken by it, to accept the proposal without prior consent of the primary user agency. On
receipt of any such request if the Nodal Officer may after hearing the primary user agency (after
giving him advance notice) is satisfied that the such activities are compatible, he may accept the
proposal for re-diversion even without the consent of the original user agency. In such cases in-
lieu of the consent from the original user agency, a not from the Nodal Office giving full details
of the basis on which such decision has been taken by him shall be enclosed with the proposal.
• In case Central Government is satisfied that re-diversion of the forest land may hinder
compliance of any of the conditions stipulated for diversion of forest land in favour of the
original user agency, the Central government while according approval for re-diversion may
appropriately amend such conditions. Any additional condition to be fulfilled by the original
user agency to facilitate the new user agency to use the forest land re-diverted in its favour shall
also be stipulated by the Central Government on case-to-case basis while according its approval
for re-diversion.

4. FOREST (CONSERVATION) ACT, 1980 LEGAL REGIME & IMLEMENTATION, RAMIFICATION WITH MINING LEASES

4. FOREST (CONSERVATION) ACT, 1980 LEGAL REGIME & IMLEMENTATION, RAMIFICATION WITH MINING LEASES

Empfohlen

Empfohlen

Weitere ähnliche Inhalte

Was ist angesagt?

Was ist angesagt? (20)

Ähnlich wie 4. FOREST (CONSERVATION) ACT, 1980 LEGAL REGIME & IMLEMENTATION, RAMIFICATION WITH MINING LEASES

Ähnlich wie 4. FOREST (CONSERVATION) ACT, 1980 LEGAL REGIME & IMLEMENTATION, RAMIFICATION WITH MINING LEASES (20)

Mehr von RavindraSaksena

Mehr von RavindraSaksena (16)

Kürzlich hochgeladen

Kürzlich hochgeladen (20)

4. FOREST (CONSERVATION) ACT, 1980 LEGAL REGIME & IMLEMENTATION, RAMIFICATION WITH MINING LEASES