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| Item No.2: Finalization of a draft notification declaring as Eco-sensitive | Zone around Kapilash Wildlife Sanctuary in the State of Odisha

Ministry of Environment, Forest and Climate Change (RE Division)

SUMMARY RECORD OF THE EIGHTH (8™2) MEETING OF EXPERT COMMITTEE ON ECO-SENSITIVE ZONE HELD ON 3D DECEMBER, 2014. held The Eighth meeting of the Expert Committee on Eco-sensitive Zone was on 3™ December, 2014 in the Ministry of Environment, Forest and Climate Change under the Chairmanship of Shri Hem Pande, Additional Secretary. The list of participants is annexed. 2, At the outset, Additional Secretary, Ministry of Environment, Forest and Climate Change welcomed the members and also representatives of the Government of Odisha, Maharashtra and Rajasthan.

a The Chairman, thereafter, invited Dr. G.V. Subrahmanyam, Advisor, Ministry of Environment, Forest and Climate Change to provide a brief on the agenda items. 4. Dr. G.V. Subrahmanyam, Advisor, MoEF&CC informed that finalization of draft Notification declaring Eco-Sensitive Zone around Kapilash Wildlife Sanctuary in the State of Odisha would be taken up today during deliberations of the Committee. He informed that aforesaid draft notification was published in the Gazette of India on 4t July, 2014 and placed in the public domain on the website of the Ministry for seeking objection / comments from public. No objection / comments have been received within stipulated time period of sixty days. Dr. Subrahmanyam also informed the Committee that the other two agenda items relate to approval of Draft Regional Plan of Dahanu (1995-2015) and Zonal Master Plan for Mount Abu ESZ.

Shri Hem Pande, Additional Secretary requested the Member Secretary to initiate the proceedings as per agenda.

Shri S.S. Srivastava, PCCF & CWLW, Government of Odisha made a presentation on the draft notification declaring Eco-sensitive Zone around Kapilash Wildlife Sanctuary in the State of Odisha. He stated that Odisha State has 19 Sanctuaries, and one National Park (Bhitarkanika) and one proposed National Park (Similipal). He informed the Committee about the salient feature of the draft notification, which inter alia includes:

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  • i. The Kapilash Wildlife Sanctuary has 125.5 sq.km. area declared vide notification No.8F(WL) 25/2011-5937/F&E, dated 02/04/2011 and situated in Dhankanal district of Odisha.

  • ii. The topography of area is hilly and sanctuary is catchment of perennial and seasonal nalas which are tributary to the river Brahmani.

  • ili. The extent of Eco Sensitive Zone of the Kapilash Wildlife Sanctuary varies from 500 meters to 13.15 kilometers distance all around the protected area covering 393.87 sq.km.

  • iv. The sanctuary is a good elephant habitat. v. No objection/comments have been received from public to the draft notification issued by the MoEF&CC.

    1. Based on the presentation made and discussions held, the Committee recommended the draft notification declaring as Eco Sensitive Zone of the Kapilash Wildlife Sanctuary for finalisation subject to following:
  • i. The paragraph 4 of the draft notification may be revised as under: The list of all activities proposed in the draft notification should be rearranged and categorized into the following categories instead of giving them in a combined tabulated form:

    - i) Prohibited Activities ii) Regulated Activities and ii) Promoted / Permitted Activities. 
    
  • ii. In the table under Prohibited Activities Item No.1. Commercial Mining, Stone Quarrying and Crushing Unit, the remarks should be included and changed as under:

    • (a) All new and existing mining (minor and major minerals), stone quarrying and crushing units are prohibited. However, the digging of earth for construction or repair of houses and for manufacture of country tiles or bricks for housing of the domestic needs of bona fide local residents shall be permitted as per the existing regulation.

    • (b) The mining operations shall strictly be in accordance to the orders of the Hon’ble Supreme Court dated 04.08.2006 in the matter of T.N.Godavarman Thirumulpad Vs. UOI in W.P.(C) No.202 of 1995 and dated 21.04.2014 in the matter of Goa Foundation Vs. UOI in W.P.(C) No.435 of 2012.

  • iii. For effective Monitoring of the ESZ, two Monitoring Committees were suggested by the Expert Committee, which shall comprise of:

4.(i) Park Specific Eco-sensitive Zone Monitoring Committee.- The Central Government _ shall, for effective monitoring of the Eco-sensitive Zone, constitute a Committee to be called Park Specific Eco-sensitive Zone Monitoring Committee for the ESZ of Kapilash Wildlife Sanctuary in the State of Odisha comprising of .-

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  • is (i) District Collector, Dhenkanal District - Chairman;

  • . (ii) Concerned Superintendent of Police - Member; (iii) | Concerned representative of Collector - Member; (iv) Representative of the Ministry of Environment, Forests and Climate Change, Regional Office, Bhubaneswar—Member;

  • (v) Regional Officer, State Pollution Control Board of Odisha — Member; (vi) Expert in the field of Environment Wildlife and Ecology - Member; (vii) One Representative of NGO — Member; (viii) Concerned Divisional Forests Officers - Member; (ix) Divisional Forests Officer, Dhenkanal Forest Division- Member Secretary.

  • (ii) State Level Eco-sensitive Zone Monitoring Committee.- The Central Government shall, for effective monitoring of the Eco-sensitive Zone, constitute a Committee to be called the State Level Eco-sensitive Zoneof - Monitoring Committee(SESZMC) for the State of Odisha comprising i. Chief Secretary to the Government of Odisha- Chairman;

  • ii. Principal Secretary, Department of Forest and Environment, Government of Odisha — Member;

    • iii. Representative of the Ministry of Environment, Forests and Climate Change, New Delhi-Member;

    • iv. Chief Conservator of Forests (concerned) - Member; v. Member Secretary from Odisha State Pollution Control Board-Member;

    • vi. Principal Secretary, Department of Rural Management, Government of Odisha — Member;

    • vii. Principal Secretary, Department of Agriculture, Government of Odisha — Member;

    • vii. Principal Secretary, Department of Urban Development and Housing, Government of Odisha — Member;

    • ix. Concerned Chair of the representative Committee - Member; x. Expert in the field of Environment Wildlife and Ecology - Member;

    • xl. | Concerned Divisional Forest Officer, Territory / functional- Member;

    • xii. PCCF and Chief Wild Life Warden, Government of Odisha — Member Secretary.

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MaharashtraItem No. 3: Draft Regional Plan of Dahanu (1995-2015) in the State jof

Dr. G.V. Subrahmanyam Advisor gave a brief background to the agenda item before a presentation was made by the State Government of Maharashtra on Regional Plan of Dahanu and creation of Dahanu Taluka Environmental Protection Authority (DTEPA) in Thane district, Maharshtra. It was informed that the erstwhile Ministry of Environment and Forests (MoEF) had issued the Notification vide No. S.0.416 (E), dated 20th June, 1991 declaring Dahanu Taluka, in District Thane (Maharashtra) as an ecologically fragile area under the Environment (Protection) Act, 1986, and to impose restrictions on the setting up of industries which have detrimental effect on the environment. As per the Notification, the Government of Maharashtra was to prepare a Master Plan or Regional Plan for Dahanu Taluka based on the existing land use of the Taluka within a period of one year from the date of the aforesaid notification and get the plan approved by the Ministry of Environment, Forests and Climate Change. Now, the Government of Maharashtra has submitted Draft Regional Plan of Dahanu (1995-2015) to the Ministry for final approval.

Shri Kamalakar Akode, Director of Town Planning, Government of Maharashtra made a presentation on the draft Regional Plan of Dahanu (19952015).

L. The salient features of the Draft Regional Plan of Dahanu (1995-2015) inter alia include:

  • i. The erstwhile MoEF declared Dahanu Taluka as Ecologically Fragile region vide notification $.O. No. 416 (E) dated 20% June, 1991.

  • ii. As per the notification, the Government of Maharashtra was to prepare a Master Plan or regional plan for the Taluka based on existing land use of Dahanu Taluka with in a period of 1 year from the date of aforesaid notification and get the plan approved by the Ministry of Environment and Forests.

  • iii. The Dahanu Taluka is situated in North —- West direction of Thane District, Maharashtra. It is surrounded in East by Jawhar and Mokhand Taluka, in West by The Arabian Sea, 35 Kms coast, in North by Talasari Taluka and partly Nagar-Haveli area of Union Territory and in South by Palghar Taluka.

  • iv. The total area of Dahanu Taluka is 988.57 Sq.kms., consisting of 181 villages (including area of Dahanu MC- 2.26 Sq. kms and7 villages).

  • v. The Dahanu area mostly covered by forest, hilly area and orchard with some part under marshy and khajan lands with river system- tributaries of Vaitarna — Surya, Kalu and Susar.

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  - vi. In compliance of the Dahanu notification the Government of Maharashtra submitted the following: 

     - a. The Existing and proposed industrial area excluding Thermal Power Plant is 186.50 <200 ha. 

     - b. It is mandatory for industries to provide hazardous waste disposal facilities. 

     - c. The existing green area is maintained at 39351 ha. . | 

     - d. The existing orchard area is 6007 ha. which has been proposed to be enhanced to be 10506 ha. 

     - e. Compliance of CRZ notification dated 19th February, 1991 regarding HTL, LTL, mud flat, mangroves and environmentally sensitive areas has been shown in the plan. 

     - f. As per the Supreme Court direction dated 24th September, 1996, the NEERI has suggested 73 recommendations including 25 recommendations which were as per Hon’ble Supreme Court direction and 48 recommendations were suggested by NEERI itself and some of the above recommendations fully or partly accepted by the Government of Maharashtra. 
  1. The proposed draft Regional Plan, Dahanu (1995-2015) submitted to the MoEF & CC for approval has been approved by the Government of Maharashtra.

  2. The Committee after detailed discussions on the draft Regional Plan Dahanu (1995-2015) decided on the following:

    • i. The Government of Maharashtra should submit a compliance report with respect to all recommendations of NEERI mentioned in Hon’ble Supreme Court order dated 31st October, 1996.
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  • li. The colour code used in the Regional Plan Dahanu (1995-2015) and associated maps, should be submitted in the standard format.

  • ii. The provisions dealing with hazardous industries needs to be rechecked and reconfirmed by the State Government.

  • Os The committee also desired that the following documents should also be submitted by the State Government:

    • a. A copy of earlier Regional Plan dated 6% May, 1996 conditionally sanctioned by the MoEFF.

    • b. A copy of NEERI report containing 73 recommendations dated 19th October, 1996.

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  • c. A copy of the Supreme Court order dated 31st October, 1996 directing that the NEERI recommendations be implemented. :

The above documents should be submitted to the Ministry within a fortnight.

Item No.4. Zonal Master Plan for Mount Abu Eco-Sensitive Zone prepared by Government of Rajasthan under the provision of the Mount Abu Eco Sensitive Zone notification S.O 1545 (E ), dated 25t" June, 2009. The Expert Committee had earlier considered the Zonal Master Plan for Mount Abu Eco-sensitive Zone during its 3™¢ meeting held on 10% May 2013 when the salient features of the Mount Abu Eco-sensitive Zone as also the salient features of the Zonal master Plan were discussed in detail. Based upon the deliberations, the Committee decided that the Zonal Master Plan would be reconsidered after the State Government re-submits the same after validation of ground truthing of data using satellite imageries from NRSA, Hyderabad. Shri Praveen Jain, Chief Town Planner, Government of Rajasthan made a presentation on the Zonal Master Plan for Mount Abu after incorporating the changes suggested by the Committee. It was informed that the satellite imageries were overlayed with land uses such as agriculture, forest, water bodies municipal areas. It was further informed that maps prepared by satellite imageries were matched with revenue maps and ground verification was also carried out.

Shri Pradeep Jain, informed the Committee that all the suggestions given by the Expert Committee in its third meeting have been incorporated in the Zonal Master Plan. Shri Jain also informed the Committee that the Zonal Master Plan for Mount Abu Eco-sensitive Zone has been finalized except for two land parcels, wherein, there was some error apparent on the face of land records and the rectification of the same requires approval of the Monitoring Committee for Ecosensitive Zone before the State Government makes the change. He informed that as the tenure of Monitoring Committee had expired, the approval of Monitoring Committee could not be obtained. The Committee was informed that the Ministry has already written a letter to the State Government of Rajasthan seeking a panel of names for the non-offical members of the Monitoring Committee. The same has not been received as yet.

Based on the presentation made and the discussions held, the Expert Committee recommended the Zonal Master Plan of Mount Abu Eco-Sensitive Zone for the approval of the Ministry subject to the two cases as mentioned by the State Government be approved by the Monitoring Committee and the State Government satisfying itself on the claims made in these two cases. °

The meeting ended with a vote of thanks to and from the Chair.

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LIST OF PARTICIPANTS

ANNEXURE

|||Shri Hem Pande, Addl. Secretary, MoEF&CC|Chairman|
|---|---|---|---|
|g.||Dr. G.V. Subrahmaniam, Advisor, MoEF&CC|Member|
|o.|||Shri PK. Duria,|Member|
|||Town & Country Planner, TCPO,||
|||Ministry ofUrban Development,||
|||New Delhi||
||||||
|4.||Dr. Pawan Kumar,|Member|
|||Assistant Deputy Commissioner,|Representative|
|||Town and Country Planning,||
|||TCPO, Ministry ofUrban Development,||
|||New Delhi||
|28||Dr. Sarman Singh,|Member|
|||Scientist ‘G’|Representative|
|||Indian Institute ofRemote Sensing (IIRS)-ISRO,||
|||Dehradun||
|6.||Dr. S.A.Hussain,|Member|
|||Scientist ‘G’,|Representative|
|||WII, Dehradun||
|Ti||Dr. Nasim Ahmed Ansari,|Member|
|pe||Scientist, WII, Dehradun|Representative|
|8.||Dr. Sheo Kumar,|Member|
|||Scientist ‘D’|Representative|
|||Botanical Survey of India,||
|||Kolkata||
|||Dr, ‘@¢. Pant,|Member|
|||ICFRI, Dehradun|Representative|
|10.||Shri M.L. Srivastava,|Special Invitee|
|||DIG (Wildlife), MoEF&CC||
|11.|‘|Dr.|Dr.S.C. Garkoti, Director, MOEF&CC|“Member|
|ee||7|Secretary|
|Le||Dr. H. Kharkwal, Joint Director|MoEF&CC|
|||Dr. Amit Love, Deputy Director|MoEF&CC|
|Representatives ofthe State Government ofOdisha:||||
|14.|‘||Shri.<br>S.S. Srivastava,||
|||PCCF (WL) & CWLW,||
|||Government of Odisha,||
|||Bhubaneswar||

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||||||||||
|---|---|---|---|---|---|---|---|---|
|e|:|
|DFO,|Dhenkanal|Forest|Division,|-|
|Odisha|
|Representatives|of the|State|Government|of Maharashtra:|
|16.|Shri.|Kamalakar|Akode,|
|Director|of Town|Planning,|
|LT.|Government|of Maharashtra|sit|Keb|eenIp|Lees|Beier|gs|
|Joint|Director|of Town|Planning|Pune,|
|Government|of|Maharashtra|
|cane|Shri. Sudhakar Nangnure,|
|18.|Shri.|$.D.|Ramadine,|.|
|Deputy|Director|of Town|Planning,|:|
|19;|R.P.Shri.Thane,S.T.|Navghare,Government|of Maharashtra|ane|eee|pe|
|T.P.|Office|of Deputy|Director|of T.P.|
|R.P.|Thane,|Government|of Maharashtra|ea|ies|ee|
|Representatives|of the|State|Government|of Rajasthan:|
|20.|Shri.|Praveen|Jain,|
|Chief Town|Planner,|
|Government|of Rajasthan,|
|A|Shri.|Pradeep|kapoor,|
|ACTP,|Government|of Rajasthan|eat|eet|
|22.|Dr.|Meenakshi|Dhote|
|Consultant,|
|School|of Planning|and|Architecture,|
|New|Delhi|
|eae|
|2:|Dr.|A.K.|Maitra,|
|Consultant,|
|School|of Planning|and|Architecture,|
|New|Delhi|
|=|
|24.|Dr.|Sanjay|Gupta,|
|2.|Dr.|Neha|Tripathi,|
|SPA,|Delhi|Bey See|ose|

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----- Start of picture text -----<br> : : Flow Diagram for Eco-sensitive Zone Process<br>. eae Time Lime<br>Proposal submitted by the State Government<br>protarien Areae E Non Protected Areas<br>Draft Notification Approval<br>Website for obtaining comments/objections<br>60 days<br>Compilation of comments 10 days<br>Examination & forwarding of comments to the<br>State Government 30 days<br>Response of State Government 30 days<br>60 days<br>If Public Consultation Evaluation<br>30 days required by Expert (Total 90 days)<br>Committee<br>Final Notification<br>30 days<br>Total 250 days<br>----- End of picture text -----<br>

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