Department of forest - Land Management


Site Map Land Management > Introduction | Processing of Cases | Sanctioned Cases | Compensatory Afforestation | Pending Cases | Settlement of Encroachments+

















































 Land Management
  1. Introduction(As On 30-04-2008)

    Forest land has been under immense pressure for its diversion for non forestry purposes. Important reasons for such diversion have been mining, irrigation, hydroelectric projects, encroachments for agriculture etc. To regulate indiscriminate diversion of forest land for non-forestry purposes, Forest (Conservation) Act 1980 was enacted. It envisages seeking permission of Government of India before diversion of forest land. The enforcement of this Act has brought down the diversion of forest land considerably. It is evident from the fact that as against diversion of 15.65 lakh ha of forest land prior to 1980, only 1.21 lakh ha has been diverted thereafter. Thus a total of 16.86 lakh ha of forest land has been diverted for other purpose. The diversion of forest land for non-forestry purposes cannot be avoided. It is, however, necessary to regulate the diversion in a manner so that it is minimal . In the Department, the wing of Land Management is entrusted the task of supervising the cases of diversion of forest land.

    Objectives

    The prime responsibilities of the wing are:

    • Manage forest land
    • Oversee diversion of forest land for non-forestry purposes
    • Settlement of land disputes
    • Settlement of encroachments
    • Maintenance and upkeep of forest boundaries

     

  2. Processing of cases

    Forest (Conservation) Rules, 2003 framed in this regard provide procedure for the diversion of forest land for non-forestry purpose. Government of India issued guidelines to simplify the procedure for submission of proposals seeking prior approval of Government of India. Separate formats have been prescribed for different agencies( Sample of formats). Application complete in all respects, as per the prescribed check list, is to be submitted by the user to the concerned Conservator of Forests (Territorial) along with registration and processing fees Conservator of Forests (Territorial) have been nominated as Regional Nodal Officer as per Forest Conservation Rules, 2003. After registration it is processed on the basis of check list and if found complete it is submitted to the Chief Conservator of Forests, Land Management who is the Nodal Officer. Thereafter, a case number is allotted and after due scrutiny the case is forwarded to Government of India through Government of M.P. The cases approved by Government of India for diversion are given sanction in two stages. First stage sanction is issued with stipulated conditions. After compliance of these conditions, final sanction is granted.

    There are following categories of Application Forms:

     

      • Diversion of forest land for irrigation.
      • Diversion of forest land for Major Mining.
      • Diversion of forest land for Minor Mining.
      • Diversion of forest land for Electric/ Power Line, Hydel Projects, etc.
      • For other categories

    • Processing fee

      The Government of Madhya Pradesh has prescribed registration and processing fee for every case involving diversion of forest land. Every application shall be registered in the office of the concerned Divisional Forest Officer. Registration fee is Rs. 1000 for every case and Processing fee is as follows:

               1- For departments of GOI

      S.No.

      Class

      Fee (Rs.)

      1

      Land diversion cases upto 50 ha

      10,000

      2

      Land diversion cases between 51-100 ha

      15,500

      3

      Land diversion cases above 100 ha

      20,000

          2- For departments and Public Sector Undertakings of GOMP

      S.No.

      Class

      Fee (Rs.)

      1

      Land diversion cases upto 50 ha

      5,000

      2

      Land diversion cases between 51-100 ha

      7,500

      3

      Land diversion cases above 100 ha

      15,000

                3- Private institution or individual.

      S.No.

      Class

      Fee (Rs.)

      1

      Land diversion cases upto 5 ha

      10,000

      2

      Land diversion cases between 6 to 10 ha

      20,000

      3

      Land diversion cases above 11 to 15 ha

      30,000

      4 Land diversion cases above 16 ha.

      50,000

    • Calendar for processing

      For the speedy disposal of the cases, a total time limit of 150 days have been prescribed in Forest (Conservation) rules 2003. Out of which 90 days are for State Government and 60 days for GOI. A calendar showing time limit has been set for forwarding the cases to Government of India for clearance. The calendar of time limit is as follows:-

       

      Action

      Time limit

      Conservator of Forests to send proposal to Divisional Forest Officer after its Registration.

      2 days

      Divisional Forest Officer to send back proposal to Conservator of Forests with his comments and scheme of Compensatory Afforestation

      15 days

      Review by Conservator of Forests and if necessary ask for additional information from user agency.

      5 days

      Conservator of Forest to send complete proposal with his comments to Chief Conservator of Forests (Land Management)

      5 days

      The Government of India has setup a Regional Office for the speedy disposal of diversion cases involving forest land up to 5 ha. These offices also carry out field inspections related to the proposals submitted to Government of India. Besides this, the work of monitoring of stipulated conditions in the final sanction has also been entrusted to Regional Offices. The Regional office is headed by the Chief Conservator of Forest (Regional).

      The chief conservator of Forests, (Land Management & Forest Conservation Act) Satpuda Bhavan, Bhopal is the Nodal officer for scrutinizing and forwarding the case to Government of India through Government of M.P.The main responsibility of the Nodal officer is

      • to provide all the information sought by Government of India prior to clearance of the project

      • compliance of conditions stipulated in the first stage sanction

      • to monitor the implementation of condition stipulated in final sanction

      • report the non-compliance, if any to the Government of India .
         

  3. Pending Cases Under FCA

    The details of pending cases received under F.C.A. is mentioned in the following table:-

    Category

    Total received cases

    first stage sanctioned

    rejected cases

    Total

    Pending for first stage sanction

    Pending for final sanction

    Total sanctioned cases

    Irrigation

    251

    198

    25

    223

    28

    35

    159

    Mining

    256

    202

    23

    225

    31

    28

    174

    MPEB/NTPC/DTPL

    275

    240

    22

    262

    13

    31

    209

    Miscellaneous

    185

    134

    35

    169

    16

    30

    104

    Total

    967

    774

    105

    879

    88

    128

    646

     

     

  4. Sanctioned cases

    A total of 131005.649 ha forest area relating to 646 cases  approved by GOI  has been diverted since 1980. The details of forest land diverted for different user agency is as follows :-

    User Agency

    Number of cases

    Forest area diverted (ha)

    Irrigation

     159

    74264.283

    Major Mining

     174

    11839.047

    MPEB/NTPC/DTPL

    209

    4375.463

    Miscellaneous

     104

     40526.856

    Total

     646

     131005.649

  5. Compensatory Afforestation

    While sanctioning the diversion of forest land for non-forestry purposes, the Government of India stipulates the condition of compensatory afforestation either on equal area of non-forest land or on double the degraded forest land. If there is a violation of the Forest Conservation Act then GOI may also impose a condition of penal afforestation.

     

  6. Net Present Value :  

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