After examining more than 100 projects — of which it has recommended that 49 be cancelled, as first published in The Indian Express today — it has concluded that the FAC’s “functioning” is “flawed and that clearances are given without due consideration to the damage that can be caused to the environment by many of these projects.”

The CEC concludes that the examination and recommendation of the proposals — particularly mining — by private parties have been done in a “perfunctory and arbitrary manner.”

The government is yet to see the last report and respond to these particular instances of “irregularities” pointed out by the CEC. The projects range from wind mills and iron ore mining to large irrigation projects. These include”

• 41 hectares, wind power project, Suzlon Energy

As per Ministry guidelines, the prescribed right of way — the road that connects power lines to windmills — for 33 KV transmission line is 15 m. The CEC says the right of the way has been taken only as 3 m. This has resulted in reduction of forest land required and hence the payment required to be made by the company to the forest department. The forest that falls between different turbines, should be counted as “forest area for the project,” the CEC says. Also, Ministry guidelines provide that subject to feasibility 65 to 70 per cent of the area of wind farms should be utilized for developing pastures and intervening area between wind mills should be planted with dwarf species. This wasn’t factored in by the FAC, says the CEC.

• 657 hectares, Rawanwara project in Pench area of Western Coalfields in Chhindwara, Madhya Pradesh.

The CEC says that according to the Deputy Conservator of Forests, after the expiry of mining lease on October 2005, mining is still continuing. For this, two cases were booked on May 2006 against officials of the Western Coalfields. According to CEC, this offence has been “scored out in a casual manner and instead (it has been) mentioned that no violation of the Act has taken place.”

• 313 hectares, K P Canal for Telguganga project

The Ministry’s regional office, in its site inspection report, said that the alignment of canal needs to be reviewed, preferably shifting the canal towards the periphery of the forest to minimise fragmentation of forest land. The FAC in its meeting in May 2007 decided that the state government be asked to re-examine the alignment of the canal. Without making any reference to the state government, the proposal was again discussed by the FAC in its next meeting in May 2007 and recommended for approval. No cognizance was taken of the decision earlier, says the CEC.

• 111 hectares, prospecting of iron ore in Bonai forest division, Orissa: Jindal Steel and Power.

The total mining lease that the company had was for 207 hectares. The company was given clearance for 90 hectares of forest land in 2006. Of the balance area, the company asked for 111 hectares to be retained for future use. No approval under the Forest Conservation Act was given for this. The company then submitted a prospecting plan which was approved by the FAC.

“The grant of the prospecting license is a stage before the grant of mining lease not thereafter. In normal circumstances, this area should have been taken back by the forest department,” points out the CEC.

• 125 hectares, iron ore mining, Bellary, Karnataka, Tungbhadara minerals.

The MoEF cleared 125 hectares of forest land in 1999. After considering the recommendations of the Conservator of Forests, Bellary, the FAC recommended diversion of additional 125 hectares of area from 10 to 20 years with effect from 1999, subject to necessary payments.

The recommendation was made without any formal proposal in the form prescribed under the FC Act. Despite the FAC recommendation, the MoEF did not grant clearance.

FAC reconsidered this in February 2006 and asked the state government to submit proposals in the prescribed format. The FAC then granted clearance.

“In the site inspection, it is seen that the company has not taken adequate protection, afforestation and soil conservation measures are inadequate,” says the CEC.

• 174 hectares, Belgaum Karnataka: Enercon

As per the prescribed format, land for compensatory afforestation was to be identified in Chitradurga district. However, that was not enclosed with the proposal. State Forest officials wrote that the project authority should make funds available for protection of forests to the extent of 100 m on either side of the wind turbine corridors. No guideline was followed and yet the clearance has been granted, says the CEC.