Majority Report of the Committee Constituted to ... - Forest Rights Act

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25. On 27 th July, 2010, the Orissa government began the process of taking over the forest land in the Gram Panchayat of Gadkujang. As per the letter of Principal Secretary, Environment and Forests, Government of Orissa to the Ministry of Environment and Forests (Annexure A 26), the lands of 96 persons, amounting to 11.85 acres, were taken at a compensation of Rs11.5 lakhs per acre (as per the recent RPDAC order). 26. As a result of the report of the Saxena Committee and the commencement of taking over of forest land in the area, the Ministry vide it’s letter dated 5 August, 2010 (Annexure A 27) quoted the report of the Committee and directed the Government of Orissa that no forest land be handed over to the user agency. Based on these complaints of violations of the FRA, 2006, the Ministry felt that there was need to further examine the compliance with the Scheduled Tribes and Other Traditional Forest Dwellers Act, 2006 and Rehabilitation and Resettlement provisions, pending which a final decision would be taken on handing over of the said forest land to the user agency. Constitution of the present committee. 27. This led the MOEF to constitute a four member committee, vide it’s order dated 28th July, 2010 (Annexure A 28) whose terms of reference were further amended on Aug 27, 2010 (Annexure A 29) . The committee consisted of: i) Ms Meena Gupta IAS (Retd), Former Secretary, Ministry of Environment and forests; ii) Dr Urmila Pingle, an expert on tribal issues, Hyderabad; iii) Dr Devendra Pandey .IFS ( Retd), former Director, Forest survey of India, Dehradun iv) Dr V. Suresh, Advocate, Madras High court. 28. The Committee was required to investigate into the proposal submitted by POSCO-India Pvt. Ltd. for establishment of an Integrated Steel Plant and Captive Port in Jagatsinghpur District.The terms of reference set out for the Committee were as follows: i) Investigation and ascertainment of the status of the implementation of the Scheduled Tribes and Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 in and around the said forest land;
ii) Investigation and ascertainment of the status of the implementation of the rehabilitation and resettlement provisions in respect of the said project; and iii) Review compliance with Environment (EIA), Coastal Regulation Zone (CRZ) and other clearances/approvals granted by the Ministry of Environment and Forests and other Central, State and local authorities; iv)Review compliance with statutory provisions, approvals, clearances and permissions under various statutes, rules, notifications, etc; v) Review compliance with pari passu conditionalities imposed in item iii) and iv) above; vi) Any other matter which in furtherance of the above objectives.” * * *
Page 1 and 2: Majority Report of the Committee Co
Page 3 and 4: governments were asked to provide c
Page 5 and 6: for claims after constitution of FR
Page 7 and 8: have worked with people, to help in
Page 9 and 10: 29. Concerns regarding the impact o
Page 11 and 12: coordinates it would be impossible
Page 13 and 14: EXECUTIVE SUMMARY PREFACE CONTENTS
Page 15 and 16: as a whole (as opposed to for the i
Page 17 and 18: INTRODUCTION- Time Line of Events P
Page 19 and 20: government to hear all the applicat
Page 21 and 22: II. Recommendations of the Central
Page 23 and 24: V. Forest clearance given without c
Page 25: These Palli Sabha proceedings only
Page 29 and 30: The Sairat income of the estate was
Page 31 and 32: V. Rights of `encroachers’ not se
Page 33 and 34: in the Schedule annexed hereto whic
Page 35 and 36: 9. Karonj Pongamia glabra 10. Sanar
Page 37: subdivision is supplied with betel
Page 40 and 41: 5. Aquaculture Ponds 0.79 0.20 6. A
Page 42 and 43: are interpreted as the remnants of
Page 44 and 45: VI. Impact of loss of coastal mangr
Page 46 and 47: to keep them at a middle income cla
Page 48 and 49: 25. Another source of income is fro
Page 50 and 51: vi) Status of ownership showed that
Page 52 and 53: v) All families in these villages (
Page 54 and 55: SECTION 3 Forest Rights and the For
Page 56 and 57: (4) He goes on to say that under su
Page 58 and 59: one must note that this is not limi
Page 60 and 61: proviso to section 29(3) and theref
Page 62 and 63: 20. It must first be noted that whe
Page 64 and 65: obtained by the resident tenants at
Page 66 and 67: of Polanga lies within the project
Page 68 and 69: esolutions in the registers but onl
Page 70 and 71: 53. In light of the above, the Comm
Page 72 and 73: (4) District Welfare Officer (5) Th
Page 74 and 75: 68. It is not clear if the resoluti
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anywhere in the State after June 20
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- Both points have certified by the
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3) Finally, the certification of co
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98. The Committee finds that, even
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112. The Orissa government's takeov
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extent to which the Orissa R & R Po
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(wherever applicable) in the Commit
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18. Approximately 32 villages, most
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Majority Report of the POSCO Enquir
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the minor port. It is against this
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12. The tests for evaluating adequa
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Paradeep port area in a region desc
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26. The proposed project is to set
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33. The Schedule to the 2006 Notifi
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August 2006 (Annexure E - 3 ) as pe
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een annexed to the main text.” On
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54.The committee members are of the
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fragile coastal area which has repe
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Board should stipulate appropriate
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67. In the Letter No. WP-IWS-135/07
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ii) Coastal Regulation Zone map ind
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78. As far as the impact on the Pra
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from the site. Since mangrove veget
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potential hazardous units in this r
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photographs and voucher would be pr
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a) The project is highly significan
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have not been followed through by t
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dispensed with in the peculiar fact
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conduct of public hearings is elabo
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n Impact Identificatio n Mitigation
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hazards and affect their livelihood
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ecause of other industries in the a
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2 Dredging would affect Atharbanki
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6 Dredging of sand dumping it in th
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were accepted or negatived. Failure
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118. As per the Interim Operational
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Para 14.0 Para 15.0 Par a 15. 0 Par
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Director, Department of Disinvestme
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Officials has committed any mistake
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For these amongst other reasons, th
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Introduction Section 6 Compliance o
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Some activities are permissible wit
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provided by POSCO-India Pvt Ltd and
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5th December, 1989; except transfer
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Location of slag yard in CRZ area p
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that any of these issues were discu
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In view of the above observations t
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Conclusions and Recommendations Par
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9. Though the MoEF is not the nodal
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concerned authorities to such poten
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As this report has demonstrated, wh
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A. Preparation of EIA. 1. EIA shoul
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e available to members of public el
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REFERENCES / ANNEXURES Annexure No.
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2010 Report. A-26 July 27 th , U.N.
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FRA and compliance. C-7 July, 2004
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Ghauj Jungle, Plot Nos. 1293 & 1294
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Members in Bhubaneshwar E - 18 4.10
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Annexure - H : CRZ serious concerns
Page 194:
Finance Minister, GoO. Note : The c
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Majority Report of the Committee Constituted to ... - Forest Rights Act

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