Nagpur: Even when the center is in the process of weakening forest laws (FCA), 1980, which was brought to stop the dereservation of forests in this country, Moefcc has released the authority of the National Highway India (NHAI) and the state road user institution from the forest opening if own road rights.
Clarification issued for the State Government on October 26, 2021, by the Moefcc Forest Conservation Division stated: “If the ownership of the land vest with Mort & H / Nhai / state road development agency, it is not a ‘forest’ according to the same government records and land Under the ‘non-forest use’ before October 25, 1980, the FCA provisions will not apply “.
“This is one of the gray areas proposed to amendment.
However, it seems that the release has been given to the development of the road even before the amendment is debated in the right forum.
This is contrary to the provisions of the FCA,” said Prafulla Bhamburkar conservationist.
“The decision will open water gates for haphazard development and have an impact on the wildlife and corridor,” said the Kishor Rithe Wildlife Council board.
MOEFCC Move was based on the infrastructure group meeting held on August 24, 2021, under the leadership of the road transportation & Nitin Gadkari minister to discuss the clarity of the application of FCA through road lines, ownership that leaned on NHAI or government countries.
“This letter faced the APEX court order on December 12, 1996, in the case of Godavarman Forest, “said the Debi Goenka environment from Mumbai.
“The minister means land ownership will determine the status of the forest.
Obviously, MoeFcc and Gadkari forget the SC assessment that said FCA will apply to all land that has forests, in addition to all land shown as forests in government records,” Goenka added.
EX-DFO and Hemant Chhajed Forest Material Expert said, “the letter cleaneded that the FCA applies to the definition of forest and the definition of forest has the department of the central and state government such as trains, NHAI, Defense, and others.
When forest land is given as a line then the question Ownership does not appear because in the country there is no 7/12 extract from the roadside land on behalf of PWD, NHAI, or other Central Institutions, Chhajed said.
Chhajed added, “After the 1980 FCA came into force since October 25, 1980, the width of the national highway road was 20 meters, 6 meter state highway, main district roads 5 meters and other than the district 5 meters.
However, in 2010 the road width was expanded without prior permission from the Indonesian government to 150 meters, 120 meters and 100 meters.
So, we lost 13, 11 and 9 hectares per km forest land and at least 10 crore trees in recent years.
“In 1955, the State Government of Bombay changed the provisions of the Indian Forest Act and added the roadside areas and canal channels as forests that were reserved or protected but the entry was not at all in the relevant documents.
Environmental lawyers and Wildlife Manish Jeswani said,” Previously , MOEFCC has issued a similar letter to profitable train projects as they exist in Melghat.
It has now been issued to expand the highway.
But the release given for the job in line is not in accordance with the provisions of the FCA.
“” Every line that is approved has life.
The documents approved before the FCA will never be able to stand upright because they replace previous actions.
All lines approved before the FCA applies to the specified period of time and this needs to be reviewed considering the current threat, “said Uday Patel conservationist.
Widening of the road in the forest may not need permission, said Env min
