Centre to review Maharashtra's request to use private forest land for residential project
- In Reports
- 11:56 AM, Jun 28, 2024
- Myind Staff
The Union environment ministry's Nagpur regional office has requested clarity on whether residential projects can be permitted in Maharashtra's private forests. This request follows a proposal from the state government seeking approval for one such project.
This development is noteworthy because in January, the ministry permitted homestead owners in Mussoorie and Goa's private and deemed forests to build residential buildings. However, the prohibition on constructing institutional and commercial buildings persisted, as communicated in a letter to the Uttarakhand and Goa governments.
During a meeting of the environment ministry’s Forest Advisory Committee (FAC) on June 7, the issue concerning private forests raised by the Nagpur office was discussed. The minutes of this meeting were recently published on the Parivesh website. However, FAC has not yet made a decision on the matter.
The committee has directed Maharashtra’s nodal officer to deliver a comprehensive presentation, detailing the dispensation similar to that in Mussoorie (Uttarakhand) and Goa. This presentation is expected to outline proposals specific to Maharashtra. The FAC intends to review these details during its forthcoming meeting.
The proposal in question was deliberated upon by the Regional Empowered Committee (REC) during its meeting on April 24 at the Regional Office in Nagpur. The committee decided to seek clarification from the Ministry of Environment, Forest and Climate Change (MoEFCC) regarding whether residential projects planned for restored private forests should be considered by the REC. This clarification is crucial for informing the State Government about the applicable regulatory framework concerning such proposals.
According to the minutes, the relevant provisions under rule 10(3)(ii) in conjunction with rule 10(5)(ii) of the Van (Sanrakshan Evam Samvardhan) Rules, 2023 stipulate that the REC must carefully scrutinise proposals, taking into account various aspects. These include ensuring that any proposed use of forest land does not serve non-site specific purposes such as agriculture, offices, residential developments, or the resettlement of displaced individuals for any reason.
Under guidelines issued pursuant to the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, it is specified that using forest areas for purposes such as establishing industries, constructing residential colonies, setting up institutes, or rehabilitating displaced persons is considered non-site specific. According to these rules, such activities are generally not permitted on forest land.
However, there are exceptions to this rule. In exceptional circumstances, residential projects spanning up to one hectare may be considered for approval under the Forest Conservation Amendment Act 2023 or the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980. This consideration is subject to providing appropriate justification and receiving recommendations from the concerned State Government and the Regional Office of the Ministry of Environment, Forest and Climate Change (MoEF&CC).
The query regarding these regulations was raised by the Regional Empowered Committee (REC) in Nagpur. This occurred during the committee's deliberations on a proposal from the Maharashtra government, which involves diverting 10.685 hectares of forest land in Thane. The purpose of this diversion is to facilitate the construction of a residential project proposed by Sumeet R. Bhalotia and others.
Debadityo Sinha, Senior Resident Fellow and Lead of the Climate & Ecosystems team at Vidhi Centre for Legal Policy, expressed strong opposition to the proposal for a greenfield residential project in Maharashtra's Thane district, involving the diversion of 10.685 hectares of forest land. Sinha highlighted concerns about biodiversity loss and the negative precedent such approval could set.
Earlier this year, exemptions were granted to private forests in Uttarakhand and Goa under the latest amendment of the Forest Conservation Act or the Van (Sanrakshan Evam Samvardhan) Adhiniyam. This allowed previously restricted construction activities in these areas, removing protections that were in place under older laws. These exemptions are detailed in a handbook of consolidated guidelines on the amendment.
Image source: Hindustan Times
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