4.108 A negative eventuality associated with the development of roads and national highways is the destruction of trees and diversion of forest areas. A clearance is, therefore, to be obtained from the Ministry of Environment and Forests, wherever such a situation arises. However, many a times, this has led to inordinate delays in highways projects.
4.109 The Committee were informed by the Ministry of Road Transport & Highways that the Highway projects require the following clearances from Ministry of Environment & Forests (MoEF):
1. Environment clearance if the project length is more than 30 km and land acquisition is more than 20 m put together;
2. Forest clearance in case project involves diversion of forest land;
3. Wildlife clearance in case the highway project passes through National Park/Wildlife sanctuary.
Environment Clearance:
As far as environment clearance is concerned, no project is held up on account of this. The projects submitted to MoEF for environment clearance are getting cleared by the MoEF during its regular monthly meetings. One of the pre-requisites of environment clearance is to have public hearing which is conducted by the State Pollution Control Board (SPCB). It has been observed that there are delays by the SPCB in convening such public hearings, which results in delay in submission of final proposal to the MoEF.
Forest Clearance:
The forest clearance is a time consuming process as it is granted in two stages. In the first stage in-principle approval is granted with certain conditions. After fulfilment of the conditions, final clearance is granted by MoEF. At times, the State Government imposes some additional conditions which are unreasonable and difficult to meet. These issues are to be resolved first for obtaining final clearance. At times considerable time is lost in resolving these issues which eventually results
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in delays in getting final clearance. In order to speed up the forest clearance NHAI is holding regular meetings with the MoEF and the state forest departments. At present only 6 proposals are pending with MOEF. For resolving these issues, meetings have been held at the highest level.
Wild life Clearance:
The wildlife clearance is long drawn process. The project is first required to be cleared by the Chief Wild Life Warden and thereafter it is cleared by State Wild Life Board, National Board of Wildlife, Central Empowered Committee and Hon‟ble Supreme Court. The proponent authorities are required to seek clearance at two stages, first at the time of surveying the area and thereafter for obtaining the final clearance. There always remains an uncertainty with regard to whether the projects on such alignments would receive final approval. All such projects require prior approval of the Hon‟ble Supreme Court. It has been observed that all cases related to wildlife clearance are listed and heard in the Hon‟ble Supreme Court dealing with the cases of T. N. Godavarman. The Godavarman case has more than 100 Interlocutory Applications and issues related to forest in general. Therefore, these cases do not get priority and the listing of such cases gets delayed. NHAI finds it difficult to compress the time frame as all the proposals related to wildlife invariably go through extensive deliberations at various levels i.e. State Wildlife Advisory Board, National Board of Wildlife and Hon‟ble Supreme Court. In spite of all these difficulties NHAI has been able to get clearance in most of the projects. The proposals where MoEF has divergent views from NHAI and where MoEF is not agreeing to widening through National Parks/Sanctuaries, remain pending with MOEF for a long. However, NHAI is holding regular meetings with MoEF on these pending proposals. Presently, only 3 proposals are pending due to wildlife clearance.
4.110 The Ministry further stated in a written reply that NHAI is to take permission under Forest Conservation Act, 1980 and local laws for cutting of trees and diversion of forest areas. In order to compensate the loss of trees, NHAI has to deposit the amount for Compensatory Afforestation with the Forest Department. As per policy, the forest department is to plant the trees in place of trees felled for which they are charging NHAI. These charges are levied for twice the number of trees planted or more, depending on the density and level status of the forest land along the national highway
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where the trees are felled. The compensatory afforestation in lieu of cutting of old trees or newly planted trees within 60m ROW for widening of 4-lane to 6-lane is carried out along the highways (single row or double row as per the availability of land) and also on the degraded forest. In this regard, sometimes revenue area is also taken for plantation as per special conditions imposed by the State Government.
4.111 The Chairman, NHAI elaborated during evidence:
“The policy is that for every tree we are cutting, we are depositing money with the State Forest Corporation equivalent to three trees, which have to be planted. But because only limited trees we can plant in the right of the way, we are doing that after the project is fully completed. The trees are not planted right near the blacktopping. They are planted 15 to 20 metres away where we are having sufficient width. This is the first point. The Ministry of Environment and Forests has been suggesting that they want trees planted right next to the highway. They are not permitted under the court‟s order. They cause drainage and other problems. These shady roads are intended really for bullock carts and for traditional modes of travel. ...In general, when we are widening the four lanes, we are designing them for a speed of 80 kilometre. Now, with 80 kilometre of speed, we do not want to plant any tree within 14 to 15 metres of the highway because if there is any accident, if any vehicle leaves the highway running at 80 kilometre speed, it would go and hit the tree if the tree is next to the highway... When you are travelling with 80 kilometre speed, trees planted too close to the highways are a traffic hazard. So, we have got our own norms for doing that. Because we do not have sufficient land to plant three trees for every tree cut, we are depositing funds with the Forest Department of the State. They are planting three trees in other areas, which are there. The Ministry of Environment and Forests is well aware of this. The statements may be made in the press; they may not be reliable. But all the figures stating as to how many trees we have planted, where they have been planted, are available with the State Forest Department. We have only limited space. We cannot create forest just next to the road. They are a big traffic hazard. They are not permitted.
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“As regards environment, the proposal, clearances and everything is prepared by the State Government and then it goes all the way to various bodies including local Chief Conservator of Forests, Government of India and the empowered body………… The Committee on Environment headed by the Prime Minister had directed to constitute a Committee headed by the Cabinet Secretary. There is an empowered Committee headed by the Cabinet Secretary to resolve inter- Ministerial issues with regard to the implementation of the NHDP. So, it is our attempt that body becomes strong. In fact, we have suggested to the Ministry of Forest and Environment that there should be a comprehensive system in which environment clearance for roads can be given faster. But the fact remains that it is subject to the same clearance and norms as other projects are. So, we have tried to make out a case that projects like power and all that are different and roads are different. We have not yet succeeded but we will continue to try.”
4.113 While explaining the massive delays of highway projects due to lack of environmental clearances, the representative of the Ministry of Road Transport and Highways informed the Committee about a particular project of NH-24 i.e. Hapur to Garmukteshwar, having total length of 35 kilometes. The representative stated as under:
“Only the four-lane of 15 kilometres has been completed. The work relating to the majority portion of the length is going on. It is delayed due to primarily two reasons. One is that the clearance is to be made by the Ministry of Environment and Forests. Here, there is a very peculiar problem. The Ministry of Environment and Forests is not able to give clearance because they are looking forward for the recommendations of the State Wildlife Board. But as there is no State Wildlife Board constituted, there is no question of any recommendations of the State Wildlife Board. Whenever we are approaching the Central Ministry that the project had come up for clearance, they say, “it should come with the recommendations of the State Wildlife Board.” In the State, where there is a statutory requirement to constitute the State Wildlife Board, they have not constituted it. We have been pursuing with the Environment and Forests Ministry. But it is now for them to find a solution to this because in this process, we do not get any clearance and our project will not be able to proceed further”.
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