Shimla, Feb 15
Supreme Court of India granted permission in as many as 605 cases
of developmental projects under FCA allowing diversion of forest land in small projects after passing an order
in five different interlocutory applications in the state of Himachal .
Eight page order passed by the three judge division bench comprising chief
justice of India S A Bobde, Justice, A S Bhopanna and Justice V Ramasubramanian
today while hearing five interlocutory applications about various road projects.
SC allowed diversions of Forest land in some projects straight away
and in some other reliefs can be granted subject to certain clearances.
SC allowed 40 cases of Projects (ten activities) of total diversion of about 248.616263 hectare land
were allowed without any rider which include three hydro electric projects involved 7.3566 hectare land,
27 Roads project involved 64.2176 hactare land , One IIT involved 124.61 hacatre, two degree coleges
involved 5.9239 heactare , one Model School involved 2.08 hectare land, Two electric substations
involved 0.8529 hactare , One Transmission line in 36.4344 hactare area, One Hybrid Power
Project (Solar+wind+battery storage) 5.5942 hectare, one extraction of river bed minerals 1.3918
hectare and one car parking in 0.154863 hectare area.
Permission granted subject to rider to 289 cases (11 activities) involving 122.7475ha include two Anganwadis
in 0.028 ha, 13 Community Centers in 1.0529 ha, nine dispensary or hospital in1.5648 ha, 12 Drinking water
supply and water pipeline 3.0341 ha, 191 Roads measuring 101.6577 ha, 49 Schools 10.7082 ha, five Skill upgradation or Vocational Training Centers in 2.6992 ha, five tanks and other minor water bodies in 0.8826 ha, one fair price shop 0.02 ha , one Electric and Tele line in 0.92 ha and one Minor Irrigation cannel in 0.12 hac
The SC also allowed 34 projects under FCA, 1980 for which final approval given by Central
Government without any rider and 96 projects under FRA, the proposals for which were received after 11.03.2019 these projects were allowed with rider as DFO concerned is permitted to process, examine
and decide the grant of permission and if permission is so granted, such projects could be implemented and allowed to commence and complete.
59 other cases( seven activities) involving about 358,7524 ha land were granted without rider includes 37 roads in 161.7044 ha, one Helipads 0.9898 ha, four Transmission Lines & Power Stations in 51.8232 ha, two Sewerage
Treatment Plants in 1.72 ha, five drinking Water Supply Schemes 71.1711 ha, four Hydro Power
Projects 60.6863 ha and six other Projects in 10.6575 ha
IN 80 cases( six activites) involved 501 trees and 36.8747 ha area allowed with rider includes one Aganwardi and Community centres in 0,007 ha and 0.014 ha aera, 75 roads having 501 trees and 35.9618 ha area, One School
involved 0.312 ha area, one Tanks and other minor water bodies involved 03415 ha area and one water and
rain water harvesting structures in 0.0384 area .
Five cases( three activities) were allowed without rider involving about 6.9103 ha land including two roads with 5.3595 ha area
and two bus stand in 1.2323 ha area and one bridge in 0.3185 ha area.
SC also allowed Rs 1337 Cr One green corridor National Highway sanctioned by ministry of road and heavyu
transport (MORTH and Rs 61.48 Cr two lane NH 20A (new NH 503) also sanctioned by MoRTH.
The First project of Green Corridor National Highway is in two parts (for each of which separate final approval has been granted under Section 2 of the Forest Conservation Act, by the Ministry of Environment and Forest, Government of India.
one final approval dated Sep 30, 2020 ) for diversion of 28.449 ha of forest land. Second final approval of the event date is for diversion of 22.419 ha of forest land.
The court adjourned the hearing in interlocutory Application for 12 weeks and directed a committee appointed by the apex court on Feb 16, 2018 to examine the contents of this I.A while filing its further report regarding result of Silviculture operations already undertaken.
The SC passed this order on the plea of the Government of Himachal Pradesh
which has sought diversion of small extents of forest land for the purpose of
carrying out certain public welfare projects.
The bench said that some of these projects are already cleared under FCA
and FRA, but some are not.
Tushar Mehta, Solicitor General and Ashok Sharma, Advocate General
for the State of Himachal Pradesh sought the relief pressing to allow these project .
The SC imposed restrictions on diversion of forest land under T N Godavarman Thirumulpad versus Union writ petition pending before the SC.
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