PANAJI
Taking a serious note of violation of the Forest (Conservation) Act, 1980, the Union Ministry’s Forest Advisory Committee has directed the Goa government to initiate disciplinary action against officials who failed to prevent diversion of forest land for non-forest purpose without approval of the Government of India.
The Committee noted that 0.0278 ha of forest land was diverted without the consent of the Union Ministry for Environment, Forest and Climate Change (MoEF&CC) for construction of a vehicular underpass (VUP) along the work of four-laning of NH between Patradevi to Karaswada -- the work that was completed in 2020.
The Committee has also asked the Regional Empowered Committee (REC), Bengaluru to initiate action against the State authorities cum user agency-- public works department (PWD) under section 3A and 3B of the Van (Sanrakshan Evam Samvardhan) Adhiniyam (VSESA) or Forest Act 1980. Under this, whoever contravenes any provision of the Act, or abets (assists in) such contravention, can be punished with simple imprisonment for a period that may extend up to fifteen days.
“It has been noted therein that the user agency (PWD) has already executed work over 0.0278 ha of the proposed diversion area, citing the Ministry’s guidelines dated 08.08.2014, which permitted deemed working permission post Stage-I clearance. However, the said guideline was superseded by revised instructions issued by MoEF&CC on 07.05.2015, mandating that any commencement of work or tree felling must be authorized explicitly by the State Government or an officer not below the rank of Divisional Forest Officer. In this instance, no such permission was obtained, and the user agency proceeded with construction of a vehicular underpass during the Covid-19 pandemic, thereby violating the provisions of the Forest (Conservation) Act, 1980 and the applicable guidelines,” the Committee noted.
The issue came to light following an application submitted by PWD seeking ex-post facto approval for diversion of 0.06ha of forest land in Torxem village in Pernem taluka.
The Committee took into account the compliance report of Stage I submitted by the State Government with observation that PWD has executed the road/VUP-Vehicular Under Pass in Four Laning work at the proposed site before Stage-II approval which amounts to violation of VSESA 1980. The user agency said that the work in the diverted area by utilizing 0.0278 ha area was undertaken on behalf of the Ministry of Road Transport and Highways.
The State clarified that the work of four-laning of NH between Patradevi to Karaswada commenced in May 2018 and during the Covid pandemic in 2020, it undertook and completed construction of a VUP within the proposed forest diversion area, under the presumption that the Stage-I approval dated 09.12.2019 constituted working permission and hence did not obtain Stage-II approval.
“The User Agency has submitted that, the work was taken up on an emergency basis considering the Stage-I Clearance as deemed to be the working permission for commencement of the work after the payment of the NPV as per the guideline of the MoEFCC dated 08.08.2014,” the Committee said.
“The User Agency has attributed the lapse to a bona fide misunderstanding and the exigencies of the pandemic, and has requested condonation of the procedural deviation,” the Committee said adding that the violations have been committed by the user agency after Stage-I approval and therefore the violations are to be dealt with in accordance with the provisions of the new rules that empowers MoEF&CC to deal with such cases.
“Accordingly, the State Government will initiate disciplinary action against the officials concerned for not being able to prevent use of forest land for non-forestry purposes without prior approval of the Government of India,” it added.
Based on the directions of the Ministry, the Deputy Inspector General of Forests carried out the site inspection in August and noted “After Stage I, without Stage II/working permission UA has completed the work of laying VUP/service road in the proposed site. The User agency may be levied with appropriate penalty for the violation along with directions to comply with the Stage I condition”.
