Felling nod for Ytl-Darwha road widening violates norms

Nagpur: The Forest (Conservation) Act (FCA), 1980, guidelines state that work on non-forest land cannot be started if the project involves forest land. But Yavatmal range forest officer (RFO) gave a go ahead to fell 752 huge trees on non-forest land despite Public Works Department (PWD) application for 1.50 hectare forest land diversion on Yavatmal-Darwha road pending.
As per details on MoEFCC portal, PWD had submitted proposal for forest land diversion on September 24, 2019.The proposal was returned with some queries by nodal officer the very next day. However, Yavatmal RFO granted permission on March 3, 2020 to fell 752 non-teak trees, of which over 100 have already been chopped.
There is confusion about this diversion proposal between forest and user agency. Yavatmal deputy conservator (DyCF) Bhanudas Pingle said, “No forest diversion proposal has been submitted by the PWD yet. However, it has sought work permission on forest area where no tree felling will be involved nor additional forest land will be required. We have forwarded this proposal to the Yavatmal conservator of forest. For land diversion, PWD will have to submit a separate proposal.”
PWD superintending engineer Dhananjay Chamalwar said, “We have submitted proposal for forest land diversion and will check its status. It is true that delayed work permissions in forest patches has led to project cost escalating. ”
As reported by TOI on July 7, 2020, over 3,500 trees will be felled for widening of road between Yavatmal-Kukta (61km) by two metres under the hybrid annuity model (HAM). The project was sanctioned four years ago at an estimated cost of Rs 280 crore.
After TOI report, honorary wildlife warden Jaydeep Das, in a representation to state’s APCCF and nodal officer Sanjeev Gaur, alleged felling of trees on non-forest land on Darwha-Yavatmal road was in violation of FCA and demanded action.
Das said FCA was enacted to check indiscriminate diversion of forest land and to prevent deforestation. Section 2 of the Act restricts dereservation of forest or use of forest land for non-forest purpose, except with prior approval of the Central government.
Environment lawyer Manish Jeswani said though provisions of FCA may not have technically been violated by starting work on non-forest lands, expenditure incurred on works on non-forest lands may prove infructuous if diversion of forest lands is not approved. “Therefore, if a project involves forest as well as non-forest land, work should not be started on non-forest land till approval for release of forest land is secured,” he added.
Nodal officer Gaur said, “We have sought a report from Yavatmal conservator.”
Das pointed out, “On Yavatmal-Darwha road, PWD is felling indigenous trees for road widening. The said work is going on anticipating forest clearance. Thus, PWD is creating fait accompli situation which is not permitted under the FCA as per the apex court ruling in Lafarge case. The forest department too should not have granted felling permission on non-forest land.”
MoEFCC’s Regional Empowered Committee (REC) member Suresh Chopne said, “The proposal has not reached the REC. In Chandrapur, PWD created fait accompli situation for many roads surrounding Tadoba. Now work has been stalled for mitigation steps in forest stretches.”