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BEFORE THE NATIONAL GREEN TRIBUNAL,

WESTERN ZONE BENCH, AT PUNE

ORIGINAL APPLICATION NO. OF 2019

MEMORANDUM OF APPLICATION

(Under Section 14 read with Sections 15 and 18(1) of the National · .. ~ Green Tribunal Act, 2010)

IN THE MATTER OF:

t

Shankarlal Gopalbhai Patel Applicant '

Versus

Union of India &Ors. Respondents

INDEX

S. No Particulars Page No. f-~---~··-·

1. Synopsis b --1 0 -

2. List of dates \ \-.Zq -

3. Original Application No. of 2020 on behalf of the ?;o-1-J-Applicant

4. Affidavit ~3-5. ANNEXURE A-1.- Copy of the letter of MoEF & CC 1-~-~3

dated 18.09.2014 along with the Minutes dated

25.08.2014 1-----

6. ANNEXURE A-2(Colly).- Photographs of the q~- 9 ~ outskirts of Sangnara village where the Wind Farms are

to be erected

7. ANNEXURE A-3. - Project report titled "Conservation 9~- \\ ~ ofRare and Endangered Biodiversity ofGujarat

8. ANNEXVRE A-4. - True and translated True copy of 't b-the maps showing the various sites ear marked for Wind

Farms in Sangnara -----~---~-------

9. ANNEXURE A-5 (Colly).-True and translated Copy of \\ 1-"- 'ss. the Lease orders dated 20.12.2018, for Adani Green

Energy (MP) and 08.08..2,o\:Jfor Shri Torrent. -------·

10. ANNEXURE A-6. -True and translated copy of the '-sG-Jst-survey report dated 21.12.2018

----------- ---- ---------------------- --------

·--

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11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

ANNEXURE A-7. -True and translated copy of the

checklist filed by Respondent Green Infra Wind Energy

ANNEXURE A-8. - True and translated copy of the

letter dated 29.05.2019 of the Office of the Chief

Conservator of Forest, Kachchh Forest Circle

ANNEXURE A- 9. True and translated copy of the

lease allotment order of Green Infra Wind Energy dated 1

05.07.2019

!ANNEXURE A-lO.True and translated copy of the letter

dated 25.07.2019

ANNEXURE A-ll True and translated copy of the

letter dated 13.08.2019

IANNEXUREA-12 (Colly).True and translated copy of

he representations dated 16.08.2019 and 17.08.2019.

!ANNEXURE A-13.True and translated copy of the show

~ause notice dated 20.08.2019. -

ANNEXURE A-14.True and translated copy of the

prder dated 20.08.2019.

!ANNEXURE A-15 True and translated copy of

ranchnama dated 22.08.2019.

ANNEXURE. A-16.-True and translated copy of

Panchnama recording tree felling dated 22.08.2019.

ANNEXURE A-17.-MoEF Guidelines for effective

implementation of Forest (Conservation) Act, 1980

dated 28.03.3019

ANNEXURE A-18 - True and Translated copy of the

Panchnama dated 23.08.2019

ANNEXURE A-19 -True and translated copy of

Panchnama dated 23.08.2019.

ANNEXURE A-20 True and translated Copy of the

letter of Revenue Talati dated 26.08.2019

ANNEXURE A-21 True and translated Copy of the


ANNEXUER A-22 - True and translated copy of the

order of the Mamlatdar -dated 30.08.2019

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27. ANNEXURE A-23 - True and translated copy of the l~q-


28. ANNEXURE A-24 True and translated copy of the l~o~Jql

representations dated 03.09.2019 and 05.09.2019

29. ANNEXURE A-25 (COLLY) - True coptes f92 ~1qi Photographs showing destruction caused by Green Infra

Wind Energy 1

30. ANNEXURE A-26 True and translated copy of !~s-111-representation dated 07.09.2019 '

31. ANNEXURE A-27 - True and translated copy of /0~-!c;~ representation dated 18.09.2019

32. ANNEXURE A-28 - True and translated copy of the 2o fJ. Order of the Mamlatdar dated 11.12.2019 and resolution

dated 21.10.2019.

33. ANNEXURE A-29 True and translated copy of the l/o/-2_o7--Order ofthe Mamlatdar dated 11.12.2019

-

34. ANNEXURE A-30 True and translated copy of the 2o3 -;)o lJ letter dated 18.12.2019

35. Vakalatnama J \) ~,-

Date: 21.01.2020

Place: Pune

Drawn & Filed By:

Sanjay Upadhyay, Mla Badoni, Eisha Krishn & Kazi Sangay Thupden

Advocates for the Applicant

29, Presidential Estate, L G F,

Presidential Estate, Nizamuddin East,

New Delhi-110013

Email: [email protected];

Mob. No.: 9609860216

PROCEEDINGS INDEX

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SYNOPSIS

The present Application seeks to rmse substantial questions of

environment bringing to this Hon'ble Tribunal's notice the damage

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caused to the flora, fauna and ecology of the Kutch region

particularly in the Sangnara village, due to rampant illegal felling of

trees for construction of wind farms by Respondent Mls Green Infra

Wind Ltd. and other such atleast seven Wind Energy Companies

building and proposed to build about more than 40 windmills in

absence of any criteria for identification of forest m the State of

Gujarat in utter violation of the orders of the Hon 'ble Supreme Court

dated 12.12.96 and 28.03.2008 passed in T.N. Godavarman v. Union

of India W.P.(C) No. 202 of 1995. It is submitted that despite being

already found guilty of illegal felling of 453 trees in violation of

provisions of Saurashtra Felling of Trees (Infliction of Punishment)

Act, 1951, Respondent No.7, M/s Green Infra Wind Ltd. in particular

continues the felling of trees and constructing approach roads without

permission in the grazing areas of village Sangnara, Kutch.

It has come .to the knowledge of the Applicants that in July 2019,

Respondent No. 7, M/s Green Infra Wind Ltd. was granted 12 ha

land, vide Letter dated 05.07.2019, wherein there are references that

such land is unused and wasteland, on lease by Respondent State of

Gujarat in the outskirts of Sangnara village, Nakhtrana, Kutch,

Gujarat for _erection of wind farms. Similarly there are about seven

companies that have been allocated or, are in the process of getting

allocated Iandt# where windmills and other infrastructure shall be

created in a vast area completely destroying the common lands and

' the tropical thorn forest/open scrub forest and the water sources of

the village and its surrounds. It is submitted that the allotted land and

the proposed area of Wind Power Development has a large number

of trees, contains rich biological diversity, is a tropical thorn

-forest/scrub thorn forest as recognised by the Forest Survey of India

and consists of cattle grazing fields. It may also be noted that the few

of the last remaining scrub thorn forests in India are to be found in

the said area of the Kutch region. It is submitted that tropical thorn

forest/ scrub thorn forests in an area help in recharging ground water

level thereby serving as a perennial source of water, which later

emerges m the form of springs etc. It is further submitted that

deforestation of scrub thorn forests and tropical thorn forests by

Respondent No. 7, M/s Green Infra Ltd. and other seven companies

which serve as a source for replenishing water would lead to water

shortage, directly impacting residents of village Sangnara, as well as

the agriculture in the area, as approximately 200 open tube

wells(including government tubewells) of Sangnara and the

surroundin~ villages i.e. Angia Nana, Angia Mota, Moshuna, Garji

paras along with the animals found in the area. It has also been

witnessed that M/s Siemens Gamesa 1s already constructing

windmills m the area without any non-agricultural use change of

purpose, or any consent transfer.

That the area allotted to Respondent M/s Green Infra Wind Ltd., in

particular and others have a large number of trees, such that it would

be identified as a 'forest' had Respondent State of Gujarat complied

with the orders of the Hon'ble Supreme Court dated 12J2.1996,

wherein States were directed to determine parameters for identifying

forest according to the dictionary meaning irrespective of ownership.

Records of the MoEF&CC especially the letter dated 18.09.2014

along with the Minutes dated 25.08.2014 show that, the Government

of Gujarat has not formulated the parameters to classify an area as

forest. However, an Expert Committee has identified 192.24 sq km as

Forest as per the dictionary meaning. The minutes further records that

the expert committee felt that the total area would be much more but ':'

they have not been reported by the respective departments so far. It is

submitted that had there been a determined criteria for identification

of forest, the said area would have been a deemed f.orest land, and

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any activity would only be permitted to take place only after

permission .was obtained from the Central Government for diversion

of land for non forest purpose and payment of Net Present Value. It is

respectfully· submitted that many months of indiscriminate felling of

trees done around the area surrounding the wind farms, construction

' of unauthorised approach roads and destruction of water sources in

the process has been extremely harmful for the long . term

environment and the local bio-diversity of the area. It IS also

submitted that the said destruction will result m a decrease of

grassland and tree cover and consequent increase in Prosopis

juliflora (an invasive species) thus· harming the overall ecosystem,

affecting the food-web and disturbing the ecological balance of the

landscape. This is violative of not only the Forest Conservation Act,

1980 but also the Biological Diversity Act, 2002 as well as the

Environment Protection Act, 1986 alongwith the Wildlife

(Protection) Act, 1972 as this area is the habitat for various species

protected by the said Act in general. Such unmindful development

supposedly for clean energy cannot be allowed to destroy the very

basis of existence and sustenance of the village community on which

it stands. It is further submitted that the said projects would

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completely annihilate the sources of fresh water in the region while

destroying ~.he last surviving open scrub forest of the region.

Hence, the present Original Application.

l 1 LIST OF DATES AND EVENTS

1927 Indian Forest Act, 1927

1951 The Saurashtra Felling of trees (Infliction of ·

Punishment) Act, 1951

25.10.1980 Forest Conservation Act, 1980

12.12.1996 WP(C) 2020 of 1995 - Order defining "forest

land" under section 2 FCA that includes not

only forest as understood by dictionary

meaning but also as recorded so in Gov. records

irrespective of ownership as well as the

dictionary meaning of forest irrespective of

ownership for. the purposes of Section 2 of the

Forest Conservation Act, 1980.

12.05.2001 SC order in T.N. Godavarman case (supra)

directing the formation of guidelines by State

Governments, for felling of trees from non-

forest areas and there would be no felling from

such areas till the guidelines become effective.

June 2002 Project report titled "Conservation of Rare and

Endangered Biodiversity of Gujarat"

sponsored by Gujarat Ecology commission and

implemented by Gujarat Ecological Society.

Providing charts of comparison of status of

prioritized species (plants) and distribution of

various plants and animals.

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05.02.2003

28.03.2008

. , ~1· _,_

18.2.2010

August.20 11

18.9.2014

04.04.2016

--~-------------

The Biological Diversity Act 2002.

Supreme Court order in T.N. Godavarman

accepting Kanchan Chopra report classifying

16 major forests into six ~ecological classes.

Tropical Thorn Forests falling it; Eco-Class IV

and for payment of Net Present Value (NPV)

therein

Gujarat Biodiversity Rules, 201 Oformulated

which prescribes the manner in which the

Biodiversity Management Committee should

regulate the procedure for access to or

collection of biological resources and other

safeguards.

Waste Land Atlas of India 2011 as released by

Ministry of Rural Development. It noted that in

Gujarat a total reduction of 2858 sq.km, was

noticed in the wasteland area of the state during

2008-09 and 2005-06.

MoEF&CC letter on formulation of parameters

for classification of an area as a forest.

Hazardous Wastes (Management, Handling and

Transboundary Movement) Rules, 2016 which

stated that wind power projects use different

types of fluids which are hazardous for the

smooth operation of the Wind Turbine

Generators (WTGs ).

02.08.2016 Gujarat Wind Power Policy, 2016, operative

till30.06.2021, came into force stating that

WTG may be setup at sites.notified by Gujarat

Energy Development Authority (GEDA) and/or

any other sites identified as potential site,

within the State of Gujarat by the Nodal

Agency i.e. Gujarat Energy Development

Authority (GEDA) or Developer.

27.04.2018 Resolution passed by the Govt. of Gujarat,

Department of Forest and Environment to

create Bio Diversity Management Committee

under the Gram Panchayat.

21.06.2018 Respondent M/s Green Infra Wind Energy

Limited letter to GEDA informing its tie up

with M/s Siemens Gamesa Renewables Power

Ltd., M/s Sri Maruti Windpark (1) Pvt. Ltd,

and Sri Bajrang Windparks Pvt. Ltd. for

development of 150 numbers of WTG's of 2

MW rating each at Kutch district.

28.06.2018 Director, GEDA, informed the Collector, Bhuj,

Kutch stating that Respondent M/s Green Infra

Wind Energy intends to setup 150 number of

Wind Turbine Generators in Kutch on 150 ha

05.11.2018

20.12.2018

of revenue land. Further, the letter stated that

Respondent M/s Green Infra Energy Limited

has tied up with M/s Siemens Gamesa

Renewables Power Ltd., M/s Sri Maruti

Wind park ( 1) Pvt. Ltd, and Sri Bajrang

Windparks Pvt. Ltd. for the said purpose and

out of the required 150 ha, 66 ha of land has

already been allotted to tied up companies.

Collector, Bhuj, Kutch wrote letter to the

D.I.L.R. Bhuj, Kutch, stating that there are

queries with regard to 18 ha of land demanded

by Respondent M/s Green Infra in . village

Sangnara and . therefore it was necessary to

measure the said land. The Collector's office

requested for composite map of the allotted

land as well as the measurement sheet with

coordinates. Further it was also requested that

verification be made as to the distance of the

allotted land from water bodies and whether the

occurrence of such water body would act as a

restriction for sanctioning land.

Order of the District Collectorate and

Magistrate, Bhuj - Kachchh sanctioning 7

hectare land allotment on lease for 20 years to

Shree Adani Green Energy (MP) Ltd, for

operating windmills. Further it states: work to

r·~

be executed beyond minimum 50 mts. from the

local existing forest; if an approach road

towards the proposed area has to be constructed

from the main road and if electric lines have to

be passed over, and if the main road is declared

as Reserve Forest, then as per the provisions of

FA, prior permission for use of the approach

road and electricity lines shall be taken

21.12.2018 Respondent Mamlatdar, Taluka Sevasadan,

Taluka Nakhatrana, Nakhatrana Kutch wrote

letter to the Deputy Collector, Nakhatrana-

Kachchh, allotting 18ha of Govern~ent land

for wind farm project to Respondent M/s Green

Infra Wind Energy Limited for 20 years of

lease period.

03.01.2019 Deputy DC and SDM office wrote letter to the

Collector, Revenue Department, Bhuj- Kutch

regarding construction of wind farms by

Respondent M/s Green Infra Wind Energy

Limited stating that in case of any Desi Bawad

trees, permission need to be obtained under

Saurashtra Felling of Trees (Infliction of

Punishment)Act, 1951; to use existing roads for

movement of vehicles while construction of

wind farms and to take opinion of Forest

Department and other related departments.

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1 lb 18.04.2019 Letter from Additional Commissioner

(Development), Department of Geology and

Mining, Gandhinagar to the Geologist,

Department of Geology and Mining, Bhuj-

Kachchh regarding allotment of Government

waste land on lease for several wind farms in

different village and blocks and' different wind

farm companies including Bajrang Wind Farm,

Siemens, Suzlon, etc.

30.05.2019 Opinion from the Office of the Chief

Conservator of Forest, Kutch Forest Circle,

Bhuj, to the District Collector - _Revenue

Branch, Bhuj, .Kutch, stating that construction

work of wind farms should be executed beyond

minimum 50 mts. from the local existing forest;

should there be any felling of trees, it should be

as per permissions under the law; there shall be

no obstruction of in the flow of any natural

water source; if an approach road towards the

proposed area has to be constructed from the

main road and if electric lines have to be passed

over, and if the main road is declared as

protected forest, then as per the provisions of

Forest Act, 1980, prior permission for use of

the approach road and electricity lines shall be

taken; amongst other conditions ..

,,

27.06.2019 Letter from Office of Collector to Respondent

M/s Green Infra Wind Energy Ltd. accepting

the request for land on lease on survey nos.

174. 209, 75,4, 60, 65 and 109 measuring to 12 . . ,,.,

ha for wind farm project.

05.07.2019 Order of the District Collectorate and

Magistrate, Bhuj - Kutch, allotting 12 ha land

on lease for 20 years to Respondent M/s. Green

Infra Wind Energy Ltd., for operating

windmills. Further it order provided that the

construction work to be executed beyond

minimum 50 mts. from the local existing forest;

if an approach road towards the proposed area

has to be constructed from the main road and if

electric lines have to be passed over, and if the

main road is declared as protected forest, then

as per the provisions of Forest Conservation

Act, 1980, prior permission for use of the

approach road and electricity lines shall be

taken; amongst other such conditions.

25.07.2019 Gram Sabha meeting of Village Sangnara

convened and decision taken not to allow any

company from erecting any wind mill/ pole in

the area or construct any roads in the outskirts

of the village.

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' 13.08.2019 Gram Panchayat of village Sangnara wrote to

Collector, Kutch-Bhuj, requesting information

regarding windmills in the area relating to their

names, location points of erection of poles and . , ~1· ,.,_

route of transportation of equipment. The letter

stated that Sangnara has thick forest of local

and important trees/ plants which includes

gugal, kher, Deshibabool, Neem, etc. and there

was likelihood that the local trees would be

destroyed by the construction of windmills in

the area; and permanently damage the

environment. It may be noted that the said letter

requested the Collector to not permit any

company from undertaking any illegal activity

in the area. The letter further stated that due to

erection of fences on grazing fields the local

pastoral community is facing lot of hardships.

16.08.2019 Sarpanch, village Sangnara wrote to

Respondent Mamlatdar stating that during the

erection of the wind mills in the area, many

local and protected trees were uprooted for

laying the foundation. It further stated that the

Panchnama carried out of the trees incorrectly

records only wild babool have been felled when

in fact many local and protected trees were

being felled. The letter requested the I

16.08.2019

16.08.2019

Mamalatdar to visit the site and carry out the

Panchnama of felled trees.

Villagers of Sangnara wrote to the Deputy

Collector, Nakhatrana, Kutch informing that

construction of roads in the outskirts of the

villages by the windmill company has started

and was rampantly felling trees in the area

causmg destruction to ecology and

environment. The villager requested a fresh

Panchnama of the trees to be conducted and a

case to be filed against the erring company.

Sarpanch, Sangnara wrote to the Range

Forester stating that in the case of M/s Green

Infra Wind Energy Limited, at the time of

seeking permission for felling of trees and

conducting Panchanama the trees were

incorrectly shown as wild babool, therefore a

fresh Panchnama of the trees was required.

Further, the letter stated that the main

occupation of the villagers of Sangnara was

cattle breeding and that the village was also

awarded for orgamc farming. That the

construction of roads by Respondent M/s Green

Infra Wind Energy Limited on the grazing

fields was directly and adversely affecting their

livelihood. It stated that the recent rains had

1cr

also led to a lot of flourishing of medicinal

plants. Trees such as Gugal which are sold at

800 per kg were being felled.

20.08.2019 Respondent Mamlatdar, Nakhatrana- Kutch . . ,,. J

issued show cause notice to Respondent M/s

Green Infra. stating that according to condition

11 of the lease agreement, Respondent M/s

Green Infra is permitted to cut trees only after

obtaining permission. However, it was found

that Respondent M/s Green Infra had started

work on the project by cutting 150 trees like

Kher, Local Babool, Googal etc. and also some

shrubs without obtaining requisite permission

in violation of Saurashtra Felling of Trees

(Infliction of Punishment)Act, 1951.

20.08.2019 Order issued by Respondent Mamlatdar,

Nakhatrana, Kutch directing Respondent M/s

Green Infra to stop all activities in view of

felling approximately 150 trees in violation of

condition 11 of lease agreement and Saurashtra

Felling of Trees (Infliction of Punishment)Act,

1951.

21.08.2019 Respondent No.7, M/s Green Infra replied to

the aforesaid show cause and denied contents of

Panchnama dated 19.08.2019 reporting felling

of 150 trees.

22.08.2019

22.08.2019

22.08.2019

23.08.2019

Panchnama carried out at point nos. 15, 16, 17,

18 and 19 of Respondent M/s Green Infra

windmills in village Sangnara. Panchnama

revealed these five points having a total of

more than 2,000 (two thousand) trees in and to

the points, with five streams of water, grazing

ground where the sound of peacock could be

heard at three points.

Panchnama carried out at point no. 18 and 17 of

Respondent M/s Green Infra windmills in

village Sangnara, revealed a total of 151 trees

of Kher, Desi Gugad, Desi Bawad, Kindhod,

Khijhod, Gangito, Mithibordi, Liyar, Harma

etc. felled.

Panchnama carried out at point no. 1 7, 5 and 6

of Respondent M/s Green Infra windmills in

village Sangnara, revealed a total of 1 ,81 7 (one

thousand eight hundred seventeen) trees in and

to the points. Panchnama noted that due to thick

shrubs it was not possible to take exact count of

trees at point 1 7.

Panchnama carried out at point no. 3, 5 and 6

revealed a total of 271 (two hundred seventy

one) trees felled in and to the way to these

areas.

23.08.2019 Letter of Mamlatdar to the Range

Officer,Nakhtrana Range directing submission

of report on felled trees like Kher (Acacia

senegal), Local Babool (Acacia nilotica),

• ,,. ~ Goo gal ( Commiphora wightii), Kandhor

(Prosopis cineraria), Gando Babool

(Prosopisjuliflora ), etc. by Respondent M/s

Green Infra.

26.08.2019 Letter of Revenue Talati, Nagalpar to

Mamlatdar informing that 12 points of

Respondent M/s Green Infra are located at

Sangnara village and the construction activity

was m progress m 3 points where

approximately 432 trees were felled by

Respondent M/s Green Infra. The trees were

found cut and placed near the road while some

were buried beneath the soil according to the

villagers.

Further, it noted that there is also a restriction

on cutting trees from 15 June to 15 October

according to a government resolution passed by

the Gujarat Environment Dept, dated

20.05.2016. Therefore, the matter could be

taken up in proceedings under the Saurashtra

Felling Trees (Infliction of Punishment) Act,

1951.

27.08.2019 Letter of Range Forest Office, Nakhatrana to

Mamlatdar, Nakhatrana regarding jurisdiction

of Revenue Dept. in matters of felling of tree. It

stated that matters with respect to trees being

cut and felled in the area, fell within the

jurisdiction of the revenue department and not

the Forest Dept.

30.08.2019 Order passed by Mamlatdar, Nakhatrana m

Saurashtra Felling of Trees Act Case No.O l of

2019 directing Respondent M/s Green Infra. to

deposit Rs 3,04,950 as fine for felling trees

without permission. The order records that trees

such as Desi . bawad, kher, bordi, kandhor,

gugad etc. and approximately 432 trees were

cut down without prior permission were felled

by M/s Green Infra. It further recorded the

Range officer's report dated 27.08.2019 stated

that the trees were cut by the company for

making roads and for the points so sanctioned.

Respondent M/s Green Infra was directed to

plant double the trees of the number so cut and

be responsible of their maintenance. M/s Green

Infra was also directed to submit monthly

progress reports.

31.08.2019 Challan of Rs. 3,04,950 deposited by

Respondent M/s Green Infra.

31.08.2019 Letter of Sarpanch, Sangnara to Mamlatdar

stating that the construction of roads for

windmills was destroying the grazing areas of

the village. It further stated that the villagers ' . ~~· ~

had resolved not to permit such destruction and

requested the Mamlatdar to save the grazing

area.

31.08.2019 Letter of Mamlatdar to Respondent M/s Green

Infra., with a copy to Sarpanch, Sangnara and

Revenue Talati Nagalpar permitting M/s Green

Infra to resume work.


informing the· illegal felling of further 95

(ninety-five) trees by Respondent Mls Green

Infra.

05.09.2019 Letter of Sarpanch, Sangnara to Collector,

Bhuj, Kachh requesting resolution and disposal

of application dated 27.08.2019 stating that

condition 11 of lease agreement dated

05.07.2019 has been violated by Respondent

M/s Green Infra.

05.09.2019 Letter of Mamlatdar to Sarpanch, Sangnara

stating M/s Green Infra being leased land by

Govt. and have paid the fine and also have

permission for felling of trees also agreed to

pay the penalty amount.

07.09.2019 Letter by villagers of Sangnara to Mamlatdar,

Nakhatrana stating that the resolution dated

20.06.2016 of the Forest_ and Environment

Dept. also prohibits cutting of trees from 15th

June to 15th October. That Respondent M/s

Green Infra had also violated condition 11 of

the lease order by cutting 432 trees illegally

without permission. Furthermore, condition 17

of the lease permits termination of lease, if the

conditions of the lease are violated. That the

land given to. the company for setting up of

windmill was wasteland area and hilly area but

rather they were working at places which are

grazing area of nearby villages such as

Naranpur, Beru, Mosuna etc. and these areas

were surrounded by farms for which permission

for cutting of trees are not to be granted. The

letter also requested the Mamlatdar to bring to

the notice of the Collector of the said violations

of the lease.

Further, it stated that Respondent M/s Green

Infra had also not clarified in terms of the order

of the collector, the number, types of trees etc

they intended to cut, nor were the details of

those trees entered in the earlier Panchnama.

Therefore, it was important to carry out a

Panchnama of the place where permission was

sought for construction. The place of where

wind farms were being constructed contained

goat yards, temples as well as electric poles and

wires being totally contrary to the lease order

where it was stated that there were no electric

poles and electric lines. The said construction

was also blocking water streams and

constructing roads, transporting large

machinery etc.


requesting to cancel Respondent M/s Green

Infra lease order for establishing wind farms ins

Sangnara .The letter stated that despite

assurances the company had destroyed plants in

the name of wild babool etc and was likely to

cause more damage to the environment by

keeping the authorities in the dark of such

misdeeds. That the plants in the forest area of

the village comprises of medicinal and other

important plants and the land was also a

grazmg area for animals like vultures,

peacocks, sparrows honey bees etc. That many

species on the verge of extinction such as ,

I I t' j i l i

. . ~~· ~

20.09.2019

21.10.2019

11.12.2019

18.12.2019

Chinkara would be affected. That since the land

was fertile and rich, the village had been

actively involved in a water shed program and

had also created check dams, bunds etc which

would also be affected. Therefore, the

Mamalatdar was requested once again to cancel

the order sanctioning erection of·wind mills.

Letter of Sarpanch, Sangnara to Mamlatdar

requesting for survey of existing trees in the

wind mill area.

Sangnara Gram Panchayat passed a resolution

not allow construction of any windmills of

various companies in the area.

Order passed by Mamlatdar wherein

Respondent M/s Green Infra was fined Rs. 47,

500/- under Saurastra Felling of Trees

(Infliction of Punishment) Act, 1951.

Letter from the Mamlatdar to the Collector

requesting him to prevent any allotment of

government land on lease for the purpose of

windmill and to declare a No Development

Zone in the Nakhtrana Taluka as:

1. the area is rich in Sweet shrubs of forest

(DesiKher (Gorad) , Kantho (Khijdo ), Gugad,

Lyar, Harmo, Anguro, Gangita, Vingo, Khakra, '

I

f : \

MithiBordi, Kindor etc and madcap (Gando

Bavad) in Sangarana and the villages around it

2. The area is a source of fresh water and a lot

of farming is prevalent in the area.

3. A large animals habitats are present in the

area such as peacock, Sugari (Baya Weaver) ,

Owl, Kabar (Myna) , Ramchakali (White-naped

Tit), Pigeon, Bagala(Crane) , Haran(Chinkara),

Nilgai, Viju (Civet cat), Charakh (Hyena),

Shihodi (Porcupine), Lokadi (Fox) etc

4. Presence of forest estate in the area

(Vansampada) that contains numerous

ayurvedic herbs such as Momejo, Kunther,

Aritho, Satavari and bee nests.

5. The forest are also very useful for livestock

grazing as there is a large presence of livestock

in the area.

6. The presence of high voltage electricity lines

result in loss of life of birds and animals and

damage to wildlife,

The letter also informed the collector about

how the windmill compames had been

conducting construction work by engaging in

unauthorised excavation, constructing new

approach roads to reach the windmill points etc. •

,,

The Mamlatdar also informed the Collector

about the fine imposed on green infra for

unauthorised felling of trees vide order dated

30.08.2019.

. . ~1· _,.

Hence, the present OA.

BEFORE THE NATIONAL GREEN TRIBUNAL

WESTERN ZONE, AT PUNE •,

ORIGINAL APPLICATION NO. 2019

MEMORANDUM OF APPLICATION

(Under Section 14 & 15 read with Section 18(1) of the National . ,.,.,

Green Tribunal Act, 2010)

IN THE MATTER OF:

Shankarlal Gopalbhai Patel

Resident of Village Sangnara,

Kachchh, Gujarat- 370675 Applicant

Versus

1. Union of India

Through Secretary, Government of India

Ministry of Environment, Forests and Climate Change

IndiraParyavaranBhavan

JorBagh Road, New Delhi -110003

2. State of Gujarat

Through Chief Secretary

1st Block, 5th Floor

Sac hi val a ya, Gandhi nagar

Gujarat -382010

Respondent No. 1

Respondent No.2

3. Forest & Environment Department, Government of Gujarat

Through Principal Chief Conservator of Forests & Head of Forest Forces

Block 14, 81h Floor, Sachivalaya

Gandhinagar, Gujarat- 382010 Respondent No. 3

4. Climate Change Department

Gujarat Energy Development Agency (GEDA)

Through 'Director, GEDA

4th floor, Block No. 11 & 12,

Udyog Bhavan, Sector -11, . ·,,.,

Gandhinagar, Gujarat 382017

5. District Magistrate

SevaSadan Road, Jadavji Nagar,

Bhuj, Gujarat 370001

6. Office of the Mamalatdar

GJ SH 42, Nakhatrana, Gujarat 37061

7. M/s Green Infra Wind Energy Limited

Throughthe Director

5th Floor, Tower C, Building No. 8,

DLF Cyber City, Gurugram

Haryana - 122002

8. Adani Wind Energy (MP) Pvt Limited

Through CEO, Renewable Energy

Adani House, Near Mithakhali Six Roads,

Navrangpura, Ahmedabad -380009

9. Shree Torrent Power Limited, Ahmedabad

Through Chairman, Torrent Power Limited

Samanvay,600 Tapovan,

Ambavadi, Ahmedabad

10. Srijan Energy Systems Pvt. Limited

Through the Director

102, El Tara, Hiranandani Gardens

Respondent No.4

Respondent No.5

Respondent No. 6

Respondent No.7

Respondent No. 8

Respondent No.9

Povai, Mumbai- 400076

11. Suzlon Gujarat Wind Park Limited

Through Chairman &Managing Director

Suzlon 5 Shrimali Society . ·~,.'

Near Shri Krishna ComplexNavrangpura

Ahmedabad,Gujarat 38009

12. Bajrang Wind Park (kutch) Pvt. Limited

Through the Managing Director

OffNo. 507, Lunkad Sky

Vis S No 230/AJ3/2 Viman Nagar

Pune Maharashtra - 411 0 14

13 Vish Wind Infrastructure LLP


Respondent No. 10

Respondent No. 11

Respondent No. 12

No.11 02 (2), 11th floor, Fortune Terrace New Link Road,

Andheri (W) Mumbai Mumbai City

Maharashtra 400053

14. Sarjan Private Limited


Godrej Millennium, 5th Floor,

9, Koregaon Park Road

Pune, Maharashtra 411 00 1

Respondent No. 13

Respondent No. 14

I. The addresses of the Applicant is given above for the service

of notices of this application.

II. The addresses of the Respondents are given above for the

service of notices of this application.

III. This application is within the jurisdiction of this Hon'ble

Tribunal as it is pursuant to the conditions specified under

Sections 14, 15 and 18( 1) of the National Green Tribunal

Act, 2010.

. ·~,. ~

THE APPLICANT MOST RESPECTFULLY SHOWETH:

1. The present Application seeks to raise substantial questions of

environment bringing to this Hon'ble Tribunal's notice the damage

caused to the flora, fauna and ecology of the Kutch region

particularly in the Sangnara village, due to rampant illegal felling

of trees for construction of wind farms by Respondent No.7, M/s

Green Infra Wind Ltd. and other such atleast seven Wind Energy

Companies, building and proposed to build about more than 40

windmills, in absence of any criteria for identification of forest in

the State of Gujarat in utter violation of the orders of the Hon'ble

Supreme Court dated 12.12.96 and 28.03.2008 passed in T.N.

Godavarman v. Union of India W.P.(C) No. 202 of 1995. It is

submitted that despite being already found guilty of illegal felling

of 453 trees in violation of provisions of Saurashtra Felling of

Trees (Infliction of Punishment) Act, 1951, Respondent No. 7, M/s

Green Infra Wind Energy has subsequently been found guilty yet

again on 11.12.2019 of the provisions ofthe above-mentioned law,

for felling 95 trees without permission. Respondent No. 7, M/s

Green Infra Wind Ltd. in particular, continues the felling of trees

and constructing approach roads without permission in the grazing

areas of village Sangnara, Kutch.

2. That the area allotted to Respondent No. 7, M/s Green Infra Wind

Ltd. in particular and others have a large number of trees, such that

it would be identified as a 'forest' had Respondent State of Gujarat

complied with the orders of the Hon'ble Supreme Court dated . .

12.12.96, ~herein States were directed to determine parameters for

identifying forest according to the dictionary meaning irrespective

of ownership. Records of the RespondentNo.'1, MoEF&CC

especially the letter dated 18.09.2014 along with the Minutes dated

25.08.2014 show that, the Government of Gujarat has not

formulated the parameters to classify an area as forest. A True

copy of the letter dated 18.09.20 14 along with the Minutes dated

25.08.2014 is appended as ANNEXURE A-1.

3. That as per the abovementioned minutes, an Expert Committee has

identified 192.24 sq km as Forest as per the dictionary meaning.

The minutes further records that the expert committee felt that the

total area would be much more but they have not been reported by

the respective departments so far. It is submitted that had there

been a determined criteria for identification of forest, the said area

would have been a deemed forest land, and any activity would

only be permitted to take place only after permission was obtained

from the Central Government for diversion of land for non-forest

purpose and payment ofNet Present Value.

4. It is respectfully submitted that many months of indiscriminate

felling of trees done around the area surrounding the wind farms,

construction of unauthorized approach roads and destruction of

I t .1 .,

water sources in the process has been extremely harmful for the

long term environment and the local bio-diversity of the area and

violative of not only the Forest Conservation Act, 1980 but also the

Bio-Diversity Act, 2000 and the Wildlife Protection Act, 1972 as

. . . well the b'nvironment Protection Act, 1986 in general. Such

unmindful development supposedly for clean energy cannot be

allowed to destroy the very basis of existence and sustenance of

the village community on which it stands. It is further submitted

that the said projects would completely annihilate the sources of

fresh water in the region which is used for drinking water as well

as for agriculture purposes of Sangnara village and the 4 villages

surrounding it as well as the wildlife of the area, and furthermore

destroying the last surviving scrub thorn forest of the region and

affecting the Tropical Thorn Forest in the region.

5. That in 2018 Respondent No.7, M/s Green infra Wind Energy was

granted 12 ha of land on lease by Respondent No.2, State of

Gujarat on the outskirts of Sangnara village, Nakhtrana, Kutch,

Gujarat for erection of wind farms. Similarly, there are seven more

wind energy companies namely, Adani Wind energy (MP) Pvt

.Limited, Shree Torrent Power Limited, Vish Infrastructure LLP,

Bajrang Wind Park (Kutch) Pvt. Limited, Suzlon Gujarat

Windpark Limited, Srijan Energy System Pvt. Limited, Sarjan Pvt.

Limited which have either started the process of establishment or

are in the pipeline. It is believed through perusal of documents that

there are more than thirty windmills that are in the process of

getting established in this village, without any carrying capacity

study being conducted as to whether such huge numbers of

windmills will have adverse impact on environment and local

ecology, especially, the water sources, as well as the last remaining

open scrub forests of this desert ecosystem. It may be noted that

. .. the said area of the Kutch region has few of the last remaining

scrub thorn forests found in India. The scrub thorn forests in an

area help in recharging ground water level thereby serving as a

perennial source of water, which later emerges in the form of

springs, etc. Further a project repmi titled "Conservation of Rare

and Endangered Biodiversity" of Gujarat sponsored by Gujarat

Ecology commission and implemented by Gujarat Ecological

Society shows a list of prioritized species (plants) and distribution

of various plants and animals in the State of Gujarat, including the

Kutch District and Nakhtrana Taluka where Sangnara village is

situated. The photographs of the outskirts of Sangara village

where the Wind Farms are to be erected are appended as

ANNEXURE A-2 (Colly).Extracts of the abovementioned Project

report titled "Conservation of Rare and Endangered Biodiversity of

Gujarat" -is appended as ANNEXURE A- 3. True copy of the

maps showing the various sites ear marked for Wind Farms is

appended as ANNEXURE A-4.

6. That in th,e present situation the Respondent State has granted land

on lease to the private Respondent No.7, M/s Green Infra who has

proceeded to engage in indiscriminate felling of trees, constructed

unauthorised approach roads in contravention to their undertaking,

destroyed grazing grounds and destroyed water sources, in the

process, which has been extremely harmful for the long term

environment and the local bio-diversity of the area. The local

residents of Sangnara i.e. the Applicant, living in the vicinity of

the Wind Farm construction sites have approached several

. . . authorities·' 'and held protests and demonstrations against such

contraventions but apart from a trivial fine for cutting trees no

concrete action has been taken in this regard. The Applicant has

approached this Hon'ble Tribunal, agitating the cause of hundreds

of families who are victims of such environmental destruction. The

residents of this area are extremely poor and are from marginalized

communities whose voices have not been heard so far. The fact

that this is only the tip of the ice-berg, the Applicant is extremely

concerned about the future of his area and his community, if such

projects are established in violation of the environmental laws.

Facts:

7. That on 28.06.2018 Respondent No. 4, Gujarat Energy

Development Authority (GEDA) informed Respondent Collector,

Bhuj, Kutch District that RespondcntNo7.M/s Green Infra Wind

Energy had won wind bids of 300 MW for setting up wind power

project of 150 numbers WTG's of 2 MW rating in Kutch District

on revenue land and required 150 ha land for the said purpose. It

further stated that out of total requirement of 150 ha, 66 ha. had

. already been granted to M/s Siemens Gamesa Renewables Power

Ltd. (35 ha) and M/s Sri Maruti Windpark ( 1) Pvt. Ltd. (31 ha),

with which Respondent M/s Green Infra had tied up with for

development of the said project.

8. It is submitted that at this present juncture Sangnara village is

already catering to 6 wind farms of Suzlon Energy with more than

40 Wind Farms of various other companies including that of Shree

_,., Adani Green (MP) Ltd. Ahmedabad, Shree Torrent Power Ltd.,

Green Infra Wind Energy. Similarly other companies such as 1)

Suzlon Gujarat Wind Park Ltd. for 11 Ha , 2)~orrent Power

Limited for 4 Ha, 3) Bajrang Wind Park Kutch Pvt. Ltd. 19 Ha

which have either been granted or are in the process of being

granted permission for establishment in Sangnara Village. The

unbridled clearances given to such large number of projects in a

small area puts an enormous strain on the ecosystem and the way of

life of the people. True Copy of the Orders dated 20.12.2018, for

Adani Green Energy (MP) and 08.082019 for Shri Torrent, of the

Collector granting Land on lease companies is appended

collectively as ANNEXURE A-5 (Colly).

9. That by way of an example and the documents procured through

Government offices the case of Green Infra is being highlighted

which is the immediate threat to the Sangnara Village by the

Applicant.

lO.That in pursuance of the letter of GEDA, the Respondent No.5,

Collector, Bhuj, Kutch in letter dated 05.11.2018 requested

D.I.L.R. Bhuj, Kutch to furnish a composite map of the allotted

land as well as the measurement sheet with coordinates with respect

to 18 ha of land allotted to Respondent No.7, M/s Green Infra in

,,

village Sangnara as there were certain questions regarding the

same. The Respondent No.5, Collector found it necessary to

measure the land to be allotted to Respondent No.7, M/s Green

Infra and certain verifications to be made such as distance from

. . water bodies',' etc. to be made.

11. That similarly on the orders of the Respondent Collector,

Respondent No.6, Mamlatdar also submitted the survey report on

21.12.2018 which stated that the land in question (the ·land

identified to be given to Respondent Green Infra Wind Energy)

was an "unused, wasteland and has a hilly terrain". It further stated

that said land was "neither a grassland nor has it been transferred to

-

the Forest Department" and had scattered Prosopis juliflora

(Gandobawal) and Acacia nilotica other such similar wild shrubs. It

is respectfully submitted that the said report categorically

mentioned that the measurement of the land should be carried out

by DILR following which land may be leased for 20 years. It is

submitted that the said survey report was submitted along with a

checklist filed by Respondent No.7, M/s Green Infra wherein at

point number 14, it undertook to obtain NOC from the Gram

Panchayat/ village community for laying of external lines. It may

be pertinent to note here that no such NOC has been obtained by

Respondent No.7, M/s Green Infra from Sangnara village

Panchayat till date. True copy of the survey report dated

21.12.2018 is appended as ANNEXURE A-6 and the true copy of

the checklist filed by Respondent No.7 IS appended as

ANNEXURE A-7.

I I ~~

1

12.That with respect to the said land allotment to Respondent No.7,

M/s Green Infra, the Chief Conservator of Forest, Kutch Forest

Circle vide letter dated 29.05.2019 opined to the Respondent No.5,

. ·,., Collector that the work on the said land should be executed beyond

minimum 50 mts. from the local existing forest. Further, he also

opined that if an approach road towards the proposed area has to be

constructed from the main road and if electric lines have to be

passed over, and if the main road is declared as Reserved Forest

(hereinafter RF), then as per the provisions of Forest Conservation

Act, 1980, prior permission for usc of the approach road and

electricity lines shall have to be taken. It may be noted that the said

opinion categorically stated that "should there be any felling of

trees, it should be as per permissions under the law". True copy of

the letter of the Office of the Chief Conservator of Forest, Kachchh

Forest Circle dated 29.05.2019 received by the Respondent No.5,

District Collector on 30.05.2019 is appended as ANNEXURE A-8.

13. That subsequently after the said forma I ities, vide lease order dated

05.07.2019 Respondent No.7, M/s Green Infra was allotted

12hectare of land on lease for 20 years by the Respondent No.5,

Collector, Bhuj-Kutch. It is submitted that amongst other

conditions the lease allotment order at point no. 11 clearly specified

that in case Respondent No.7, M/s Green Infra undertakes any

felling of tress, the same should be done after taking appropriate

permissions from competent authorities and in lieu carry out tree

plantation in a nearby area. True copy of the lease allotment order

dated 05.07.2019 is appended as ANNEXURE A- 9.

14.It is submitted that prima facie even the conditions in the lease

. . . order dated"'65.07.2019 place great importance on the protection of

trees as well' as care taken towards, works under taken in forest

land,vis-a-vis permission required from the Central Government

under the Forest Conservation Act, 1980 for its diversion for non-

forest purposes in case an area is declared as a Reserve Fore st.

These conditions are m consonance with the order dated

12.12.1996 by the Hon'ble Supreme Court in T. N Godavarman v.

Union of India, the relevant portion is as under:

'The Forest Conservation Act, 1980 was enacted with

a view to check further deforestation which ultimately

results zn ecological imbalance; and therefore, the

provisions made therein for the conservation of forests and

fore matters connected there1-vith, must apply to all forests

irrespective of the nature of ownership or classification

thereof The word ''forest: must be understood according to

its dictionary meaning. 111is description covers all

statutorily recognized forests. whether designated as

reserved, protected or otherwise for the purpose of that of

. the Forest Conservation Act. The term ''forest land",

occurring in Section 2, will not only include ''forest" as

understood in the dictionar_v sense, but also any area

... ·.· ,'·::

~>;·,: ·: ,::_ '

;.N~~.;_'::,;f·:· .. :·...:;.~; ~;< ·/::·.' .::· r::·. :.· .. ~ · i: :·

recorded as forest in the Govermnent record irrespective of

the ownership .............. '

In view of the meaning of the word ''forest" in the Act, it is

obvious that prior approval of the Central Government is . _,.,

required for any non-forest activity within the area of any

'Jorest''. In accordance with Section 2 of the Act, all on-

going activity within any forest in any State throughout the

country, without the prior approval of the Central

Government, must cease forthwith. ............ .

15.It is submitted that the reasoning behind the aforesaid orders of the

Hon'ble Supreme Court and the subsequent conditions in~the lease

as mentioned at points 9 and 10, is to balance the d-ichotomy

between economic development and environment protection. It is

submitted that the objective, 1s to ensure that deforestation is

controlled by granting power to the Respondent No. 1, i.e. the

Central Government, to decide on whether permission should or

should not be granted to the project proponent, for diversion of

forest land for non-forest purpose, after ensuring that the project

proponent will plant twice the number of trees cut down and also

pay Net Present Value (NPV) for the land so diverted.

16.That on 25.07.2019, the Sarpanch of Sangn~ra wrote a letter to the

Deputy Collector, Nakhtrana informing him about the decision

taken that day by the Gram Sabha wherein it was decided that the

village was not in favour of erection of any more wind mills in the

area as earlier while granting permission to Adani Green Energy

I '

'I .I ·}

.!

company villagers were not taken into confidence while deciding

the points for the wind mills. Furthermore, the Panchnama's were

also not made in the presence of the Circle officer and Talati and

that erection of the Windmills were being carried out without any

. . . authority ari'd in violation of the law including the Lease conditions.

True copy 'Of the letter dated 25.07.2019 1s appended as

ANNEXURE A-10.

17.That it is submitted that also on 13.08.2019 the Sarpanch, Sangnara

Gram Panchayat, informed the Respondent No.5, Collector, Kutch

of the possibility of the damage to the environment by construction

of windmills in the area, as Sangnara has a thick forest of local

trees and important trees/ plants which includes Gugal, Ker,

DesiBabool, Neem etc and there was I ike! ihood of it being

destroyed. It was also brought to the notice of Respondent No.5,

Collector, Bhuj-Kutch that there was every possibility of grazing

lands being affected on the land apparently designated as

wasteland, which is in fact fertile. The Sarpanch also requested for

information such as the list of the companies erecting windmills in

the area along with their location points and the route through

which the equipment would be transported. True copy of the letter

dated 13.08.2019 is appended as ANNEXURE A-ll.

18.That it is submitted that the contents of letter 13.08.2019 of the

Sarpanch in the aforementioned paragraph, are of great importance

as it brings to light the fact that the leased land allegedly termed as

waste land in the revenue records was in fact a deemed forest

according to the dictionary meanmg t.e., 'a large area covered

chiefly with trees and undergrowth'. The entire dynamics in terms

of the nature of the land and the process for its diversion for non-

forest use will change if the said land falls under forest irrespective

. ·~' of ownersh1p. The contents of this letter are buttressed by the

discoveries made during subsequent Panchnama's that were

conducted which are detailed in the subsequent paragraphs.

19.That it is submitted that subsequently the residents of village

Sangnara through the Sarpanch made representations dated

16.08.2019 and 17.08.2019 to the Respondent No.6, Mamlatdar,

Deputy Collector, Range Forester, Sub inspector stating that a large

number of trees were being felled by Respondent No.7, M/s Green

Infra while undertaking the construction for the aforesaid wind

farms which had possibility of long term environmental impact on

the said area. The letters also stated that the Panchnama' s that were

conducted prior to granting of lease had been erroneously done

such that the presence of many important trees and medicinal trees

had not been recorded; therefore a request was made for a fresh

panchnama to be conducted. True copy of the representations dated

16.08.2019 and 17.08.2019 are appended as ANNEXUREA-12

(Colly).

20.That based on the said representations and complaints, the

Respondent No.6, Mamlatdar on 20.08.2019 issued show-cause

notice to the Respondent No.7, M/s Green Infra directing them to

respond to the allegation that they had felled trees without

authorization as provided for under Section 3 of the Saurashtra Tree

Felling Act, 1951.True copy of the show cause dated 20.08.2019 is


. ·,.' 2l.That on the' same day the Respondent No.6, Mamlatdar also passed

an order stopping all construction work of Respondent No.7, M/s

Green Infra apropos erection of wind farms in the· leased area. It

stated that the field report dated 19.07.20 19 submitted to the office

of the said Respondent revealed that Respondent No.7, M/s Green

Infra had cut down 150 natural and protected trees like Kher,

Babool, Googal, among others. It also stated that there was every

possibility of more damages if work was continued. Furthermore,

the order stated that the felling of trees was only permitted after

requisite approvals were obtained from the authority according to

Section 3 of the Saurashtra Felling of Trees (Infliction of

Punishment) Act, 1951. True copy of the order dated 20.08.2019 is


22.That subsequently a Panchnama was conducted at windmill points

of Respondent No.7, M/s Green Infra on 22.08.2019 which stated

that there were 10 windmill points at the seam of the village

Sangnara. It noted that at point I 5, "now of water" was found,

and the sound of peacock was heard with number of trees at this

point counted to be 43 with total number of trees on the way to the

point recorded to be 53. Futiher, point 15 was situated near

Momay Mata Deri and had grazing grass with Government fencing. /

The panchanama's also reveal that at point 16, three "water flows"

were found, with the sound of peacock again being heard with the

number of trees at this point counted to be 566 and the total

number oftrees on the way to the point counted to be 187.

. . . In the same:''manner at point 19, "water flow" was found and the

numbers of trees at the point were counted to be 545 trees with total

number of trees on the way to the point were counted to be 142.

In the next point i.e. point 18, a flock of sheep, goat was found

grazing at a distance of 64m and 74m from the point. Further, ·there

were a total of 275 trees at point 1 8 and on the way from point 17

to 18, total trees found were 136. The presence of "flow of water"

and pond near the road was also found in at and around ~point 18.

-

And at point 17 "Ogun of Lake" had a total number of 459 trees in

the area.

It was noted in the Panchnama that the entire area also consisted of

vegetation, including grass that is fed to the cattle. True copy of

Panchnama dated 22.08.2019 is appended as ANNEXURE A-15.

That another Panchanama of windmill points in the Sangnara

village undertaken on 22.08.2019 revealed the number of trees

felled by Respondent No.7, M/s Green Infra at point 18 were 50

and at point 17 were111. It is submitted that the Panchnama

recorded that the trees felled were Kher, DesiGugad, DesiBawad,

Kindhod, .Khijhod, Gangito, Mithibordi, Liyar, Harma etc. True

copy of Panchnama recording tree felling dated 22.08.2019 is

appended as ANNEXURE. A-16.

It is also clear from the above that if any establishment of

windmills involves cutting of trees, then as per the latest guidelines

dated 28.03.2019 issued by MoEF &CC under Chapter 8 regarding

establishment of windmills then forest clearance under Section 2 of

the Forest Conservation Act is required on such deemed forest. A

copy of the Relevant Chapter on the said guidelines is appended as

ANNEXiJRt A-17.

23.That on 23.08.2019 another Panchnama was conducted of windmill

points at Sangnara village recording that point 17 at the "edge" of

the village there are 44 trees present. Further it stated that at point 5

there are 360 trees and on the way to the point there are 30 trees. At

point 6 there are 335 trees and on the way to the point 1 there are

292 trees. At Point 17, according to the report there were 700

trees. However, specific physical count was not possible due to

thick shrubs. To reach point 1, one there are 56 trees and also a

water source was present. It recorded that at point 17 there are 700

trees, the physical count of which was not possible due to thick

shrubs around. It also noted that there were 56 trees on the way to

the point and there is also the presence of water source in the area.

True copy of the Panchnama dated 23.08.2019 is appended as

ANNEXURE A-18.

24.That another Panchanama conducted on 23.08.2019 recorded that at

point 5, 20 number of trees were felled and at point 6, 100 trees

were felled. It recorded that the number of trees felled on the way

to point 6 were 127 and at point 3 were 24 trees were felled. True

copy ofPanchnama dated 23.08.2019 is appended as ANNEXURE

A-19

25.That the aforesaid Panchnama reveals that even in conservative

figures, the average number of trees in the leased area of

Respondent No.7, M/s Green Infra for the aforesaid construction

would be ·r15 trees /Ha. The average trees cut down would in tum

be 36 trees/ Ha. Taking this into consideration, it is submitted that

the land allegedly termed as waste land was in· fact a forest

according to the dictionary meaning. The reason for such lapse in

failure to identifying a land which is by all means a deemed forest,

as waste land can be attributed to the failure of the Respondent

No.2, State of Gujarat in complying with the orders of the Hon'ble

Supreme Court dated 12.12.9612.12.96 in T. N Godavarman v.

-

Union of India W.P.(C) 202 of 1995 wherein it was directed as

under:

1 (i) .. . ... '. In accordance with Section 2 of the Act, all on

going activity within any forest in any State throughout the

country, without the prior approval of the Central

Government, must cease forthwith. .............. '

6. Each State Government should constitute within one

month an Expert Committee to:

(i) Identify areas which are 'Jorests ", irrespective of

whether they are so notified, recognized or classified

under any law, and irrespective of the ownership of

the land of such forest;

(ii) identify areas which were earlier forests but stand

degraded, denuded or cleared: and

,,

\ \

\ \

c" ~ (iii) identify areas covered by plantation trees

belonging to the Government and those belonging to

private persons. '

· 8.·'' The Expert Committee so constituted should be

requested to give its report within one month of being

constituted.

9. Each State Government would constitute a Committee

comprising of the Principal Chief Conservator of Forests

and

10. Each State Government would constitute a

Committee comprising of the Principal · Chief

Conservator of Forests· and another Senior Officer to

oversee the compliance of this order and file status

reports.

26. That according to the aforesaid order an onus was placed on the

Respondent No.2, State of Gujarat and other states to form Expert

Committees to identify forest according to the dictionary meaning

irrespective of ownership. Therefore, the Respondent No.2, State of

Gujarat had to firstly determine a criterion on what would

constitute a deemed forest i.e. determine the number of trees that

would have to be in 1 Ha of land for the land to be designated as a

deemed Forest. The parameters would subsequently have to be used

to designate all lands falling within such criteria, irrespective of

their ownership as Deemed Forest. In light of the above, such areas '

would clearly be deemed forest m v1ew of the order dated

12.12.1996 and therefore attracts the provisions of the Forest

Conservation Act, 1980 accordingly as mentioned in the paragraphs

above. In light of the above, it is also pertinent to note that the

. .,.~

Hon'ble Supreme Court by its order dated 12.05.2001 in T.N

Godavarman'v. Union of India W.P(c) 202 of 1995 had directed

that the felling of trees shall only be in accordartce to working

plans/schemes approved by the MoEF&CC. The said order in

unequivocal terms stated that such working plans were mandatory

even for felling of trees from any non-government forest area

including the lands which are required to be treated as forest as per

the Order dated 12.12.1996. Therefore, any felling of trees in such

areas without working plans as approved by the MoEF&CC would

be in violation of orders of the Hon 'ble Supreme Court.

27. That furthermore when a forest land is diverted the concept of Net

Present Value will also arise. The concept Net Present Value has

been imposed by the Hon 'ble Supreme Court as per judgment dated

28.03.2008 in T.N Godavarman v Union of India W.P(C) 202 of

1995 where in the court held that:

' ........ 'CEC has classified the forest taking in view the

ecological role and value of the forests and for the purpose

of ·the report, 16 major forest types have been further

grouped into 6 ecological classes depending upon their

ecological functions. Eeo-C/ass I - Consisting of Tropical

Wet Evergreen Forests, Tropical Semi Evergreen Forests

and Tropical Moist Deciduous Forests

Eeo- Class II -Consisting of Littoral and Swamp Forests

Eeo-C/ass III -Consisting of Tropical Dry Deciduous

Forests Eeo-C/ass IV -Consisting of Tropical Thorn Forests

and Tropical Dry Evergreen Forests . .

Eeo~Class V -Consisting of Sub-tropical Broad Leaved Hill

Forests, Sub-Tropical Pine Forests and Sub Tropical Dry

Evergreen Forests

Eeo-C/ass VI -Consisting of Montane Wet Temperate

Forests, Himalayan Moist Temperate Forests, Himalayan

Dry Temperate Forests, Sub Alpine Forest, Moist Alpine

Scrub and Dry Alpine Scrub

Based on this, the NPV was fixed and the following

recommendations have been made:-

(i) for non-forestry use/diversion of forest land, the NPV

may be directed to be deposited in the Compensatory

Afforestation Fund as per the rates given below:- (in Rs.)

Eco -Value Very dense Dense forest Open Forest

Class forest

Class -1 10,43,000 9,39,000 7,30,000

Class II 10,43,000 9,39,000 7,30,000

-

Class III 8,87,000 8,03,000 6,26,000

Class IV 6,26,000 5,63,000 4,38,000

Class V 9,39,000 8,45,000 6,57,000

Class VI 9,91,000 8,97,000 6,99,000

28.That taking into consideration the above order, the forest falling

under the disputed areas would fall under Eco- Class IV whereby

apart from obtaining permission for diversion of the said land,

Respondent No.7, Green Infra also had the responsibility of paying

. ,,. ' an NPV amount between Rs 4,38,000 - 6,26,000 which would

thereafter be 'deposited in the Compensatory Afforestation fund for

undertaking afforestation activities.

29.That the formulation of parameters for classification of an area as

forest by dictionary meaning was discussed in detail in a meeting

between the various states and MoEF & CC conducted on

25.08.2014 and the said minutes were published on 18.09.2014

vide Letter No.F.No. 7-90/2013-FC by the Ministry of

Environment, Forest and Climate change wherein the Respondent

State of Gujarat had stated that 'No parameters were formulated to

classify as forest by dictionary meaning. However Expert

Committee identified 192.24 sq. km area as forest by dictionary

meaning. These areas are mostly those that were planted up by the

forest dept. in the past and are mostly waste lands as per the land

records. These areas are not under the charge of or belong to the

forest dept. Committee felt that the total areas would be much more

but they have so far not been reported by the respective

departments. True copy of the record of the discussion published

by a letter dated 18.09.2014 is appended as Annexure A-1 in para-2

30. That it is submitted that due to the lack of formulation of

parameters by the Expert committee of Respondent No.2, State of

Gujarat and the failure to complete the task of identifying forest by

dictionary meaning thus far, a grave error has been committed in

the present circumstance of granting lease on land that is by all

means a forest according to the dictionary meaning. The said error

. . . has resulted'in enormous environmental damage and great loss to

the public exchequer. It has also caused a breakdown in the rule of

law as RespondentNo.2,State of Gujarat has failed to comply with

the order of the Hon'ble Supreme Court dated 12.12.96 despite the

passage of 23 years. The error triggers the precautionary principle

and therefore any such deemed forest ought to be saved especially

in the desert eco system context. So many projects would clearly

annihilate the forest and bio-diversity of the area and would hence

have to be restrained.

31. That furthermore it is pertinent to note that the upcommg

Respondent No.7, M/s Green Infra Wind Energy Wind Farms are

rated at 2 MW capacity. The aforesaid leased land, had it been

identified as a forest rather than awaiting identification, would have

to abide by the Guidelines dated 28.03.2019 issued by the

Respondent No.1, Ministry of Environment, forests and Climate

Change wherein it was directed that

' (iii) The State Government shall take sufficient precaution

while considering the location of the wind mills so as not to

cause any disturbance to the migratory birds, as the turbine

of the wind mills produces a humming sound, which may

cause disturbance to the avian habitat.

(b)A large number of small wind turbines, together with

their access paths, constitute higher disturbances to the

forest area compared to a small nuf!lber of large wind

turbines. Large size wind turbines up to 4.5 MW capacity

are being now utilised in most of the countries which are

not only cost effective and but also have low impact area.

Therefore, in forest areas wind mills of power generating

capacity less than 500 KW shall not be allowed except in

the periphery of wind farms having higher capacity

turbines, for optimization of production of wind .energy,

and stand-alone (not r.equiring transmission grid) off

grid wind mills up to 10 KW.

True excerpt from the Guidelines dated 28.03.2019 is appended as

Annexure A-17.

32. That it is submitted that Green Infra Wind Energy is setting up

more than 12 WTG @ 2 MW capacity in the outskirts of Sangnara

village in addition to many more WTG of various companies that

are aLready operational or are in the process of being

operationalised. Such operation of large number 2 MW rated WTG

would end up generating a large amount of noise pollution and

would be contrary to the Noise Pollution Rules, 2000 as well as the

Guidelines of the Respondent No.1, MoEF&CC (supra), had the

Respondent State fulfilled its duty of identifying forests thus

making the leased area a deemed forest.

33.That it is also submitted that the aforementioned FCA Guidelines

dated 28.03.2019 under Chapter 8 for establishing of Wind Energy

Farms/Windmills has an elaborate procedure when forest land

. . . including deemed forest is involved. Specifically, the requirement

of forest land includes transmission lines, corridors between

successive windmills, among others. Further, 'reconnaissance

survey in forest land ordinarily does not require prior approval,

however, it does require when cutting of trees are involved. As per

the general Guidelines, the State Government shall also take

sufficient precaution so as to not cause any disturbance to the

migratory birds. Secondly, it has to be at a safe distance of more

than 300m from the highways and villages. Further, CA and NPV

will be regulated as per the concerned Guidelines.

34. That it is also submitted that despite the fact that Wind Power is

termed as a clean energy, the environmental implications are

extremely grave. The wind power projects use various types of

fluid for the smooth operation of the WTG. Primarily (a) Generator

Cooling fluid which is used as coolant is a mixture of glycol and

water, · similar to what is used in automobile radiators (b)

lubricating oil better known as synthetic oil, which is used in the

gear box, .(c) Hydraulic oil for operating the blade pitch system,

yaw mechanism and rakes to prevent the transformer from heating

(d) mineral oil/ transformer oil. The oils/ fluid mentioned above

would clearly fall under the category of "Used Oil' as defined

under Section 3(ze) of the Hazardous Wastes (Management,

sr(o Handling and Trans boundary Movement) Rules, 2016. That despite

such fact, there has been no initiative on the part of the Respondent

No.1, MoEF&CC, or CPCB and SPCB to regulate such operation

by ensuring the Wind Farm operators obtain the necessary

. . permissions'to operate.

35.That Revenue Talati, Nagalpar on 26.08.2019 informed Respondent

No.6, Mamlatdar that out of 12 points of Respondent No.7, M/s

Green Infra located at Sangnara village, construction activity was in

progress at 3 (three) points. It stated that approximately 432 trees

were felled by M/s Green Infra at these three points alone which

included MithiZari, Kher, Kindhor etc. It may be noted that the said

-

letter specified that the trees were found cut and placed near the

road while some were buried beneath the soil according to the

villagers.

Further, the letter noted the government resolution dated

20.05.2016 passed by the Gujarat Environment Department

whereby there was a restriction on cutting trees from 15 June to 15

October. Accordingly, the letter suggested that the matter could be

taken up in proceedings under the Saurashtra Tree Felling Act,

1951. True copy of letter of the Revenue Talati dated 26.08.2019 is


36.That on 27.08.2019, upon being asked for the opinion of the Forest

Department by the Mamlatdar, the Range Forest Office, reverted

stating that although the Respondent No. 7, M/s Green Infra was

liable for prosecution under the Saurashtra Felling of Trees Act,

1951, the jurisdiction with respect to trees being cut and felled fell

within the jurisdiction of the revenue department and not the Forest

Department as the NOC had been provided by the Latter. True

Copy of the letter dated 27.08.2019 is appended as ANNEXURE

A-21. . ~,. ~

37.That the Respondent No.6, Mamlatdar passed· an order on

30.08.2019 under Saurashtra Tree Feeling Act, 1951 being Case

No.01 of 2019 directing Respondent No.7, M/s Green Infra to

deposit Rs 3,04,950 as fine for felling trees without permission.

The order recorded that trees such as Desibawad, kher, bordi,

kandhor, gugad etc. and approximately 432 trees were eut down

without prior permission. It further recorded that the Range

Officer's report dated 27.08.2019 stated that the trees were cut by

Respondent No.7, M/s Green Infra for making roads. The

Respondent No.6, Mamlatdar directed Respondent No.7, M/s

Green Infra to plant double the trees of the number so cut and be

responsible of their maintenance; and to submit monthly progress

reports. It is submitted that Respondent No.7, M/s Green Infra

deposited the fine and resumed its work, wherein it continues to

indiscriminately cut the trees in the area. The said amount was

deposited by Respondent No.7, M/s Green Infra. True copy of the

order-dated 30.08.2019 is appended as ANNEXURE A-22. The

conduct of the above said company is clearly a breach of

environmental laws and needs to be restrained.

38.The said projects also encroaches on common lands, especially

grazing lands, which perform crucial environmental services for the

village community. That on 31.08.20 19,Sarpanch, Sangnara village

wrote a letter to the Respondent No.6, Mamlatdar stating that due

. . to construct} on of windmills by Respondent No.7, M/s Green Infra,

roads are being constructed on the grazing lands on which the

livelihood of the villagers are dependent since they are

predominantly a pastoral community. It further informed the

Respondent Mamlatdar that in order to save the grazing lands and

their livelihood, the villagers of Sangnara have resolved not to

permit any such environmentally destructive activities. It further

requested the Respondent No.6, Mamlatdar to help villagers save

the environment and the grazing lands of the area. True copy of the

letter dated 31.08.2019 is appended as ANNEXURE A-23.

39.That on 03.09.2019, Sarpanch of village Sangnara brought to the

notice of Respondent No.6, Mamlatdar that the order which

allowed resumption of work had the condition that no further trees

would be felled. However, Respondent No.7, M/s Green Infra

felled 95 more trees. It is submitted that on 05.09.2019, the

Sarpanch wrote to Respondent No. 6, Mamlatdar requesting for

cancellation of the lease granted to Respondent No.7, M/s Green

Infra for violating condition 11 of the lease in felling trees without

prior permission. True copy of the representations dated 03.09.2019

and 05.09.2019 as ANNEXURE A-24 (COLLY) and photographs

are appended as AANNEXURE A-25.

,,

40.That on 07.09.2019, the villagers of Sangnara made a

representation to Respondent No.6, Mamlatdar expressing their

strong objection to the statement of said respondent with respect to

felling of trees by M/s Green Infra is in contradiction to the

. . prevalent policy of the government relating to cutting of trees

which in fact provides financial help for preservation and plantation

oftrees. It further stated that the resolution dated 20:06.2016 of the

Forest and Environment Department also prohibits cutting of trees

from 15th June to 15th October. The representation pointed out that

Respondent No.7, M/s Green Infra was also working at places

which are grazing area of nearby villages such as Naranpur, Beru,

Mosuna etc. and these areas were surrounded by farms for which

permission for cutting of trees are not to be granted. The letter also

requested the Respondent No.6, Mamlatdar to bring to the notice of

Respondent Collector of the said violations of the lease.

It is further submitted that there was further need to carry out

Panchnama of the place where permission for construction was

sought by Respondent No.7, M/s Green Infra as the place where

the construction work was actually being undertaken consisted of

goat yards, temples, electric poles and wires which does not match

with the details of the land provided under the lease allotment. It

also stated that the said unauthorized construction is blocking the

flow of the water stream in the area. True copy of representation

dated 07.09.2019 is appended as ANNEXURE A-26.

41. That such projects are also a threat to bio-diversity and medicinal

plants of the area as is brought out by a representation dated •

"

18.10.2019 by Sarpanch, village Sangnara to the Respondent No.6,

Mamlatdar, requesting him to cancel the lease of land sanctioned to

Respondent No.7, M/s Green Infra as it's work is destroying

medicinal and other plants in the forest area of the village as well as

• the grazing_, land for animals. The representation also stated that

birds and animals like vultures, peacocks, sparrows, honey bees etc.

are very frequent in the area including Chinkara, a gpecies nearing

extinction. True copy of representation dated 18.09.2019 is


42. That the Respondent No.2, State of Gujarat bears a legal and moral

duty to protect the Bio-diversity of the area i.e. Sangani village.

The Respondent State under the Bio-diversity Act, 2000 and the

rules framed thereunder, was obligated to constitute Bio-diversity

Management Committees and in case of absence of such

committees, ensure through the Bio-Diversity Board that the areas

so leased out for Wind Farms were not areas of rich bio-diversity.

Any permission so granted for lease of land for Wind Farms would

have to be subject to the feedback by the BioDiversity Board or the

committees so constituted.

43.That this Hon'ble Tribunal had also noted the importance of the

Biodiversity Act, 2000 and the rules framed thereunder vide its

order dated 09.08.2019 in Chandra Bhal Singh v. Union of India

O.A No. 347/2016 wherein the Hon'ble Tribunal noted that the said

act was enacted to provide for conservation of biological diversity,

sustainable use of its components and fair and equitable sharing of

r i i

the benefits and matters connected thereto. The Hon'ble Tribunal

also noted that the rules framed thereunder puts onus on the

BMC's constituted by the States to prepare People's Bio Diversity

Registers (hereinafter (PBRs) containing comprehensive

. , information·" on availability and knowledge of local biological

resources, their medicinal or any other use and Traditional

Knowledge associated with them. That by this Order, the Hon'ble

Tribunal while noting that there was a huge gap in constitution of

BMC's and preparation of PBR under the Biodiversity Act by the

States (including the State of Gujarat), had directed that all the

States including the State of Gujarat would ensure compliance of

BMC and PBR by 31.01.2020 failing which coercive measures

would be taken against them. It is submitted that the said Wind

Farms constructions have been approved without any preparation or

approval of the PBR's which is another failure on the part of the

Respondent State of Gujarat and this Hon'ble Tribunal may take a

strict view ofthe same.

44.That on 21.10.2019, the Gram Sabha of village Sangnara made a

Resolution and decided to oppose the construction of windmills in

the area causmg destruction to the grazmg fields and

indiscriminately felling trees in the area. The Applicant was also

authorized under the said resolution on behalf of the whole village

to take appropriate legal measures. A True copy of the resolution

dated 21.10.2019 is Appended as ANNEXURE 28. It may be noted

that such a resolution was also passed by the Gram Sabha on

25.07.2019.

45. That subsequent to the complaint made by the Sarpanch of village

Sangnara dated 03.09.2019, the Respondent No.6, Mamlatdar vide

order dated 11.12.2019 imposed a fine of Rs 4 7,500 for felling 95

trees once again without authorization. The additional trees felled

. . being 95 in' number. It is submitted that M/s Green Infra Wind

Energy is a serial offender and has been felling trees in the area in

brazen violation of the law thereunder, despite being punished

under multiple proceedings for such violation under the Office of

the Mamlatdar. True copy of the copy of the Order of the

Mamlatdar dated 11.12.2019 is appended as ANNEXURE A-29.

46.It is submitted that vide letter dated 20.09.2019 the Sarpanch of

Sangnara had also informed the Mamlatdar that the village was

ready to cooperate with the Mamlatdar in conducting survey work

in the lands where the wind mills were to be erected for the purpose

of counting existing trees in the land. Had such a procedure been

lead to its logical conclusion, there would be no shred of doubt left

that the land leased to the Private Respondents for erection of wind

farms would have most definitely been a deemed forest.

4 7 .It is pertinent to note that even the Respondent No.6, Mamlatdar in

his letter to the Respondent No.5, Collector dated 18.12.2019

requested .him to refrain from allotting government land on lease

for the purpose of windmill along with a request to declare a No

Development Zone in the Nakhtrana Taluka where the Sangnara

village is located. The letter laid down various reasons for the same

such as

1) The area being rich in sweet shrubs of forest (DesiKher (Gorad)

, Kantho (Khijdo ), Gugad, Lyar, Harmo, Anguro, Gangita,

Vingo, Khakra, MithiMordi, Kindoretc and madcap

(GandoBavad) in Sangarana and the villages around it.

. . 2) The area being a source of fresh water with a lot of farming

being prevalent in the area.

3) The presence of large animals habitats in the area such as

peacock, Sugari (Baya Weaver) , Owl, Kabar (Myna) ,

Ramchakali (Sparrow), Pigeon, Bagala (Crane) , Haran( Deer),

Nilgai, Vijuda, Charakh, Shihodi, Fox etc

4) The presence of forest estate m the area that Gbntained

numerous ayurvedic herbs etc. ·

5) The forest was very useful for livestock grazing as there was a

large presence of livestock in the area

6) The presence of high voltage electricity lines would result in a

loss of life of birds and animals and damage to wildlife

True copy of the letter dated 18.12.2019 is appended as

ANNEXURE A-30.

The above letter is a conclusive proof of the ground situation that

such areas are not fit to be given for establishment of such projects

in the manner in which it is currently being given and hence to be

restrained.

~~ 48.That in the present circumstances the authorities have shown

blatant disregard for resolving the plight of the applicant and have

in fact condoned the illegal activities of Respondent No.7, M/s

Green Infra, thereby permitting the continuance of the said

,\·~

construction activities.

Grounds

That the Applicants are filing this Application on the following

among other grounds which they might take at the time of hearing

of the Application:

A. Because the Hon'ble Supreme Court by its order dated

12.12.96 in T.N Godavarman v. UOI held that

The Forest Conservation Act, 1980 was enacted with

a view to check further deforestation which ultimately

results in ecological imbalance; and therefore, the

provisions made therein for the conservation of

forests and fore matters connected therewith, must

apply to all forests irrespective of the nature of

ownership or classification thereof The word 'forest:

must be understood according to its dictionary

meanzng. This description covers all statutorily

recognized forests, whether designated as reserved,

protected or otherwise for the purpose of Section 2 (i)

of the Forest Conservation Act. The term 'forest

land", occurring in Section 2, will not only include

"forest" as understood in the dictionary sense, but

also any area recorded as forest in the Government

record irrespective of the ownership ..... ........ .

B. Because the Hon'ble Supreme Court by its order dated

12.12.'96 in T.N Godavarman v. UOI passed the following

directions

1. In view of the meaning of the word ''forest" in the., Act,

it is obvious that prior approval of the Central

Government is required for any non-forest activity

within the area of any ''forest". In accordance with

Section 2 of the Act, all on-going activity within any

forest in any State throughout the country, without the

prior approval of the Central Government, must cease

forthwith. ............. .

5. Each State Government should constitute within one

month an Expert Committee to:

(i) Identify areas which are ''forests", irrespective

of whether they are so not~fied, recognised or

classified under any law, and irrespective of the

ownership of the land of such forest;

(ii) identify areas which were earlier forests but

stand degraded, denuded or cleared; and

I ~~ l ~~ 'j t7 lD

(iii) identify areas covered by plantation trees

belonging to the Government and those

belonging to private persons.

C. Because Respondent State of Gujarat, through its expert committee

failed to establish parameters for identifying forest lands

irrespective of ownership as directed by the order 'dated 12.12.96

in T.N Godavarman v. Union of India W.P (C) 202 of 1995.

D. Because Respondent State of Gujarat, despite the passage of 23

years since the order of 12.12.96 in T.N Godavarman v. UOI W.P

(C) 202 of 1995 has failed to complete the identification of forests

irrespective of ownership of land.

E. Because the clarification dated18.09.2014 issued by Respondent

MoEF & CC stated that Respondent State of Gujarat has not

formulated any parameters for classification of an area as "forest"

as per dictionary meaning.

F. Because the clarification dated 18.09.2014 issued by Respondent

MoEF&CC stated that the Expert Committee identified 192.24 km

square area as "forest" falling within dictionary meaning of the

term. These areas were clarified to be wastelands planted by the

Gujarat Forest Department in the past.

G. Because in view of the Repondent MoEF & CC clarification dated

18.09.2014 regarding State ofGujarat there is every likelihood that

the "wasteland" land leased to the Private Respondents would have

been forest, had there been a determining criterion. for the same in .

I t "I .r

the State, as the Panchnama done of only certain portion of the

leased land reveals total number of trees to be 4000 (four

thousand).

H. Because of the inaction of Respondent State of Gujarat to lay

parameters for identifying forest, Responden~ M/s Green Infra.

1

felled 432 trees in approximately 12 Ha area. i.e. an average of 36 ,

trees per hectare, excluding those that are still standing, in land that

by all means should be a forest but has been wrongly identified as

waste land by the Respondent State of Gujarat had a criterion for

identifying forest been formulated by the State

I. Because of the inaction of State of Gujarat to lay parameters for

identifying forest, the Respondent M/s Green Infra is erecting a

large number of 2 MW rated WTGs in deemed forest land being in

contravention to the Guidelines issued by the Respondent

MoEF&CC dated 28.03.2019 thereby potentially leading to

problems of noise pollution .

J. Because the Respondent State of Gujarat is duty bound to ensure

that no lands falling within the category of forest is diverted

without following the procedure laid down under the Forest

Conservation Act, 1980, as per order dated 12.12.96 in T.N

Godavarman v. Union of India WP(C) 202 of 1995, including the

guideline.s issued thereunder .

K. Because the Respondent M/s Green Infra in its zeal to erect the

said wind farms as quickly as possible, may fell even more trees in

the said land.

L. Because the Respondent State of Gujarat is duty bound to ensure

that no trees in forest may be felled without obtaining sanction

from the Central Government under Section 2 of the Forest

Conservation Act, 1980

M. Because the wind farm is being located in less _than 1 km radius of

1

Sukshan Reserve Forest and around 5 to 6 km from Roha Reserve

Forest, a fact which has not been disclosed by Respondent M/s

Green Infrastructure to the concerned authorities while taking

approval of the sanctioned land.

N. Because the Sangnara Village and the area around it forms a part

of a ridge which is a watershed for the region and source of water

for the Kutch Dessert Region. The establishment of such projects

on such watershed villages will have a huge and adverse impact on

the water source for the entire desert region.

0. Because the destruction of the native plant species like prosopis

cineraria and Acacia nilotica by the Respondent Green Infra Wind

Energy etc. will directly impact the water catchment of the entire

region, resulting in water scarcity in this arid zone.

P. Because this Hon'ble Tribunal should be guided by principles of

sustainable development and precautionary principle under the

mandate of Section 20 National Green Tribunal Act, 2010.

Q. Because the reduction of grazing area due to construction activities

will have direct adverse impact on their livelihood of the residents

of village Sangnara thereby violating Article 21 of the

Constitution.

R. Because in Jaipal Singh vs State of Punjab CIVIL APPEAL

N0.1132 /2011 @ SLP(C) No.3 I 09/2011 The Hon 'ble SC

mandates that every village commons should be revived and

recovered, especially the water bodies

S. Because the Hon'ble Supreme Court in MC M~hta vs. VOl &Ors.

(AIR 2004 SC 40 16) has interpreted Article 48A of the

Constitution to cast the responsibility on the State to endeavor to

protect and improve the environment and to safeguard the forest

and wildlife of the country. Further, the Hon'ble Supreme Court

held that the most vital necessities, namely, air, water and soil,

having regard to right of life under Article 21 cannot be permitted

to be misused and polluted so as to reduce the quality of life of

others. Thus, the inaction of the Respondent Authorities herein in

not taking any action against the Private Respondent's No. 7 to 14

and is in contravention of the orders of the Hon'ble Supreme

Court.

T. Because the State of Gujarat was bound to ensure compliance with

the Orders of this Hon'ble Tribunal for ensuring the compliance of

Biodiversity Act, 2002 especially with regard to constitution of

BMC'~ and preparation of PBR under the Biodiversity Act by the

States and more particularly for the areas in question, as held in

Chandra Bhal Singh v. Union of India &Ors in O.A No. 347/2016

and the State of Gujarat has failed in this regard and granted

permissions without fulfilling the mandate of the Biodiversity Act,

2002 as well as the directions ofthis Hon'ble Tribunal;

U. Because under section 15(c) ofNational Green Tribunal Act, 2010,

this Hon 'ble Tribunal is mandated to grant relief, compensation

and restitution of the environment.

LIMITATION

That the present Application is within the period of limitation since the ,

construction of the wind farms commenced in the month of August

2019 and written complaints have been made to the District Collector

and Mamlatdar. However, no action has been taken till date therefore

the present application is within limitation within the meaning of

Section 14 (3) of the NGT Act, 2010. Further the said inaction has

caused harm to the environment of not only the residents Sangnara

village but also the surrounding area which are directly affected which

needs to be restored within the meaning of Section 15 of the National

Green Tribunal Act.

INTERIM PRAYER

That in light of the above facts and circumstances, it is most respectfully

submitted that the Applicants have a good prima facie case and that the

balance of convenience lies entirely in favour of the Applicant. It is

therefore prayed that this Hon'ble Tribunal may be pleased to stay the

construction activities wind farms by Respondent M/s Green Infra in

1-, Sangnara, Kutch, Gujarat till the final disposal of the present Original

Application.

PRAYER

_,., That in view of the above, it is most respectfully prayed that this Hon 'ble

Tribunal may be pl~ased to direct as under:

a) Direct official Respondents to not allow wind farms. in the areas of

Sangara, Village Nakhtarana, Kutch, Gujarat.

b) Direct official Respondents to issue closure of operation of M/s

Green Infra Wind energy and cancel the land lease granted in the

areas of Sangara, Village Nakhtarana, Kutch, Gujarat..

c) Impose damages on Respondent M/s Green Infra Wind Energy for

the damages caused to Sangnara ecosystem due to its activities, in

accordance with law ..

d) Direct official Respondents to cancel the leases of other private

respondents including Adani Wind Energy Private Limited, Shree

Torrent Power, Vish Wind Infrastructure Pvt. Ltd, Bajrang

Windpark (Kutch) Private Limited, Suzlon Gujarat Windpark

Limited, Srijan Energy System Private Ltd., Sarjan Private

Limited, Shree Green Energy Limited and their

subsidiaries/partners/joint ventures if any;

e) Direct Respondent State of Gujarat to ensure the expert committee

for the ta~k of identifying forests in pursuance of the order dated

12.12.96 in T. N Godavarman v. Union of India WP (C) 202 of

1995 completes the task of indentifying forests especially for the

Kutch District without further delay.

,,

f) Direct Respondent State of Gujarat to determine the criteria for

determining forest according to dictionary meaning, irrespective of

ownership in pursuance of order dated 12.12.96 in T.N

Godavarman v. UOI WP(C) 202 of 1995 without further delay.

. ·,.~

g) Impose fine and penalty on the concerned State government and

agencies including the office of the District Collector, Office of

Mamalatdar for dereliction of their statutory· mandate, m

accordance with the provisions of the NGT Act, 201 0;

h) Pass any other order(s)/direction(s) as this Hon'ble Tribunal deems

fit and proper in the facts and circumstances of this present

application

Date: 21.01.2020

Place: Pune -

Drawn & Filed By:

Sanjay Upadhyay, ~sha Badoni,

Eisha Krishn & Kazi Sangay Thupden

Advocates for the Applicant

29, Presidential Estate, L G F,

BEFORE THE NATIONAL GREEN TRIBUNAL

WESTERN BENCH, AT PUNE

ORIGINAL APPLICATION NO. OF 2019

IN THE MATTER OF: ·'~

Shankarlal Gopalbhai P~tel ....... Applicant

Versus

Union of India &Ors.

. ...... Respondents

AFFIDAVIT

I, ShankarlalGopalbhai Patel, S/o,Shri Gopalbhai Patel, aged about 52 years,

RJo,Sangnara, Nakhtrana, Kachchh, Gujarat,370675 presently atNew Delhi, do hereby

solemnly affirm and declare as under:

1. That I am the Applicant in the aforesaid Original Application and am fully

aware of the facfs in the matter and am duiy authorized to swear this

affidavit.

2. The contents of the accompanying document are true and correct to the best

of my knowledge and have been drafted by the counsel on my instructions

and nothing material has been concealed therefrom.

I, the abovenamed deponent do hereby verify that all the facts mentioned in the

affidavit are true to my knowledge and that no part thereof is false and nothing

material has been concealed therefrom.

t 1 8 J A i\J 2 0 2 0 day of 2019.

' ~ ~ !)::LC..""\ \.<.•'- ':)\.' "\.\.\.. <.:"-\.

Cel'ttfteCl rtlat fl"le roregvtng statement Was decia(C':G on solemn affirmation Defore ro1e as be n read ove' to the de~, .· , ~rl ~

------------=---

It a& correCl

DEPONENT

F. No.7- 9()/2013-FC

Govemme,ntof ~dia .

T~ A"'V\~~ r; e_ f't -1

Court Matter 1\.iost Urgent

Mii."Jstry of Environment, Forests and Oitnate Change.

(Forest ConseiVation Division)

To

The Principal Secretary (Forests)

AU States and Union Territories

Indira Paryavaran Bhawan

Aliganj, Jorbagh RoaJ

New Dclhi-110 001

Dated: 18•h September, 2014

Sub: . Formulation of parameters for·classi,ficat;ion of an area as "forest" by dictionary meaning. ·

Sir,

I am. directed to enclose a copy of record of diSCl,Issions in a meeting of Prindpal Chief

Conservator of Forests held under Chairmanship of the Director Gene~al of Forestc; and

Special Secretary (DGF&SS) ·on 25tl• A~gust 2014 to fonnulate parameters for classification

of an area as "f~rest" by dictionary meaning, and to request that the States/ UTs may

kindly furnish their comments on decisions taken during the said meeting as given in

paragraph-2 of the said record of discussion, to this Ministry within two weeks from the.

date of issue of this letter, so as to facilitate this Ministry to finalise the parameters for

classification of an area as "forest " by dictionary meaning and file the same before the

Hon'ble· National Green Tribunal before next date of hearings on 27th October 2014.

Yours faithfully,

EncL: As above. ~ (H.C. Chaudhary)

Director

Copy along with a copy of record of discussion to;-

1. Principal Chief Conservator of Forests, all StatesfUTs.

2. NQdal Officer, the Foresr(<Zonservation) Act, 1980, all State/UT Governments.

>FF

,,

3.

4.

2

All Regional Offices, Mini~try .of Enviroru;nent, Forests and Climate Change (MoEFCC),

Government of India (Goi). They-are requested to pursue the matter with the States/ UTs

within their jurisdiction to ensure that comments are submitted ate submitted to this

Ministry within two weeks.

~ Guard File.

(H.C. Chaudhary)

·Director

\ \

\

Record of discussions in a meeting of Principal Chief Conservator of Forests held under the Chairmanship of the Director General of Forests and Special Secretary

. 'i (DGF&SS) on 25111 August 2014 to formulate parameters for classification of an area u "FQrest" by dictio~ meaning

A. Officers present in the meeting

As per list given in the Annexure.

~. Summary of delibeJ;"ations and decisions taken

1. After d~tailed deliberations, following observations were made:

(i) Hon'ble Supreme Court in their Judgment dated 12~ December 1996 in the Writ

Petition (Civil) No. 202/1995 in the matter of T.N. Godava~ Thirumulpad

versus Union of India and Others inter-alia directed that "The Forests Conservation Act, 1980 was enacted with a r1iew to check further deforestation which ultimately results

in ecological imbalance; and therefore, the pr07lisions made therein for the

conservation of forests and far matters connected therewith, must apply to 'all forests irrespectiTJe of. the nature of ownership or c!J:zssificatian thereof The word "forest" must be understood according to its dictionary mea7Jing. This description couers all statutorily recognized forests, whether designated as reserved, protected or otherwise for tire purpose of Section. 2 (i) of the Forest Conservation Act. The tenn "Fore6t land ': occurring in section ·2, will not only include "forest" as understood in dictionary sense, but also any area l'l!corded as forest in thi Got>ernment record irrespectiue ·of the cnunership."

(ii) Supreme Court in their said Judgment dated 12th December 1996 further directed

that "Each State Government should constitute within one month an expert committee to (i) identify areas which are "forests" irre~ective of whether they are so 'notified, recogniud or classified under any law, and irrespective oj the ownership of the land .of such forest (ii) identifiJ area which were earlier forests but stand degraded, 'dcuuded nnd cleared; and (iii) identifY areas cavered IJy plantation trees belonging to the GQVL'Tlt;uertt and those belonging to private persons".

(iii) From a reading of the Supreme Court's said Judgment dated 12th Decen:ber 1996

it is clear that, irrespective of the ownership, areas which are recorded as 'forest'

in the Government records Irrespective of the nature of vegetation available

therein, and the area'a .containing such vegetation which may be defined liS

·'forellt' by dictionary mea~g, irrespective of the fact whether such areas are

recorded as 'forest' in the government record, or not, are to be treated as· 'forest' for the purpose of the Fore~t (Conservation) Act, 1980 {FC Act).

(iv) In pursuance to Supreme Court's said Judgment, each State and Union Territory constituted Expert Committee to identify areas which are 'forest' for the purpose

of the FC Act ('Expert Committee' for short). Most of the States filed a copy of these reports before the Supreme Cou,rt. Supreme Court ti)l. date has neither considered majority of these reports, nor passed any specific order ·to accept or

reject these reports.

(v) Though, Supreme Court in their said Judgment dated 12th December 1996

directed that the word 'forest' must be understood according to its dict;ionary

meani,r.g, in their said Judgement the Supreme Court did not specify dictionary

meani,ng of tP.e 'forest'. Parameters to classify an area as 'forest' by dictionary

meaning were also not specified by the Supreme Court in their said Judgment. Supreme Court in their said Judgment also did not specify whether directions issued by them will be appllcable prospectively, with effect from the date of the said Judgment (i.e. 12th December 1996) or retrospectively, with effect !rom the

date the FC Act came into force (i.e. 25th October 1980). Department of Legal Affairs, Ministry of Law and Justice has however, in reply to a specific reference made by the Ministry of Environment, Forests and Oimate. Change (MoEFCq

informed that after examination of the said Judgement they are of the view that

the directions issued by the Hon'ble Supreme Court in their said Judgment dated 12"' December 1996 shall be appllcable with effect from the date the FC Act came into force i.e. the 25th October 1980.

(vi) Expert Committees constituted by various States and Union Territories therefore,

did not follow uniform procedure to identify the areas which are "forest'' for the

purpose of the FC Act Summary.of parameters, if any, formulated to define an area as "forest'' by dictionary meaning by Expert Committees constituted by

various States and Union Territo~ies is as below:

Andhra Pradesh and Telangana

All private lands bearing natural tree growth of more than 0.40 density and. having an extent oi 10 hectares; shall be treated as "forest" subject loa conditions .that i~ !lhould not adversely affect c:uatomary rights of "Tribal t..nd ·ownors"

Anina~hal Pradesh

Areas: recorded as forest in the government records were only treated as forest for the purpose of th.e FC Act Expert Committee did not formulate any

parameter to classify an area as "forest" by dictionary meaning.

Assam

M.iniJl:lum forest area of ten hectares and more under private ownership were

treated as "forest" by dictionary meaning.

• • ,. J

Bihar

No parameters were formulated to define an area as "forest'' by dictionary

me~g. It was also informed by representative of the Government of Biha,r present in the meeting that report of the Expert Committee has not been fi,lelf before the Hon'ble Supreme Court.

Chhattfsg:uh and Madhya Pradeah

A patch of land irrespective of their ownership will be deemed as "forest" if (a) its

area iS not less than 10 hect:ares; (b) it is covered with naturally growing t:imber, tuelwood and yielding trees; and (c) average number of trees standing on it is

200 or more trees per hectare.

Goa

A patch of land irrespective of their ownership will be deemed as "forest" if (a) 75% of the crop composition of such lands should .be of forest species; and (b)

area should either be contiguous to Goverrunent forest land or if in isolation the

minimum area so identified should be S hectares. In case of mangroves, area less

than 5 hectares ·is also be considered as forest, whether or not in contiguity to

Govcmrnent forest land.

Gujarat

No paramete;s ~e.re. formulated to classify an area as Hforest" by dictionary meanmg: However, Expert Committee identified 192.24 km2 area as "forest" by dictionary meaning. These areas are mostly those that were planted up by the Forest ,Department in the past and are mostly "wastdandsH as per ilie land reeords. These areas are not- under the charge of or belong to the. Forest

Department Committee felt that the total areas would be much more but they

have, so far, not been reportl!d by the respective departments.

Haiyana

No parameters were formulated to classify an area as "forest" by dictionary meaning.

Areas Notified as Reserved Forests, Protected Forests and areas notified under

·section 4 & 5 of the PLPA, 1900 and section 38 of the Indian Forest Act; 1927 were

only considered as "forest". Government of Haryana in their affidavit filed

before the Hon'ble Supreme Court in 1997, sought one month's time to obtain all

the information from the revenue records and identify corresponding forests. Representatives of the Government of Haryana present in the mee"ting:, informed

• . , . .,

that Ji~t of areas recorded as "forest" in the revenue records has however, not

been prep?.red by the Government of Haryana, so far.

Himachal Pradesh

Compact blocks of wooded land above 5 ha in extent were to be treated as

"forest'' by dictionary meaning.

Jhark.hand

Expert Committee did not formulate any parameter to classify an area as "forest" by dictionary meaning. It was aJ,so informed by representatives of the

Government of ]harkhand present in the me~ting that report of the Expert

Committee has not beef! filed before the Hon'ble Supreme Court

Kama taka

Representatives of the Government of Kamataka present in the meeting . . infonned that the Expert Coii\l'l\.ittee did not formulate any ·parameter to classify

an area as "forest" by dictionary meaning. Expert Committee however, prepared

. !1 list of areas which mar be classified as forest as per dictionary meaning.

The Government of I<iunataka vide G.O. No. FEE 185 FAF 2011 dated 15th May 2014 constituted a: C()mmittees in each district to. identify from the areas which have been treated as "forest'' by dictionary meaning by the Expert Committee,

the areas which meets the following conditions:

(a) ·.Government land parcels with area of 2 hecatres and above, nWtimum

denSity SO naturally grown tress per hecatres of girth at breast height 30 em and

_ above; {b) Block Plantations on Goverrunent lands with area of 2 hectares and

above liaving minimum density of 100 planted trees per hectares of 30

centimeters .and above girth at breast height; and (c) private lands with area·of 5

hecatres & abovE:, ~um density of 50 naturally grown trees per hecatres of

30 centln:teters and above girth at breast height

Kerala

All sacred groves and mangrove forests areas shall be treated as "forest" by

dictionary meaning.

M~harashtra

No parameters for. classification of an area as "forest'' by dictionary meaning were formulated by the Expert Committee. However, Expert Committee decided

that (a) any area which falls under the definition of the word "forest"; and (ii) all

/ ~d1\~,-

• ,, . .,

the mangroves' shall be treated as "forest". The committee further \lecided that

the area brought under the Horticulture crops should not be included in

"forests". The area brought under the tree plantation other than horticulture ~y be listed separately.

Expert · committee initially identified 1.92,831 hecatres which included

Mangroves- 3,533 hectares, Govt land - 1,27,344 hectares and Pf.ivate land-61,954 hectares. The same was re-assessed by an another committee in 2006. The

areas as per re-assessment is 69,365 hectares, which includes 7,563.18 hectares

mangroves, 56,703 hectares Government land and 5,099.03 hectares private land.

Manlpur

No parameters were formulated by the Expert Committee to classify an area as

"forest" by dictionary meaning. Meghalaya

No parameters were formulated by the Expert Committee to classify an area as


However, the Megh<Uaya Lj;!gislative Assembly enacted the Meghalaya Forest

Re~alio:a Amendment Act. 2013 to provide that- in section 3 of the Meghalaya

Forest Regulation (Assam :Reguhition 7 of 1891 as adapted and amended by Meghalaya), after .clause (9), the following new clause (10) shall be inserted,

namely,-

(10) An area would be "forest" if it is Hompact or continuous tract of ~urn

4 hectares land, irrespective of ownership, and where -

{a) maze than 250 naturally growing trees per hectare of 15 em· and higher

diameter at breast height (DBH) over bark are present; or (b) more than 100

naturally growing bambOo cluri'!.Pfi per hectare are present in case of the tracts conta,ining predominantly sympodial bamboo:

Provided thnt in case of ll'act containing mixed crop of non-bamboo vegetation

and bamboo, the qualiiying number of trees including bamboo clumps would be ·

proportionately modified from the above specified numbers for deten:nining the

land as "forest."

Provided further that a tract of land used for ll'aditional way of agriculture by

the tribal population or for bonafide community livehltood needs shall not .be

"Fores,t'' irrespective of the density of vegetation gTOwing on it:

it

\ \ \

,\·~

Provided further that ~y area recorded as "Forest" in any of the Government

records including the records of the Autonomous District Councils of the ~tate

·shall ipso facto be "Forest" irrespective of the size and number of trees including

b~boo clumps:

Provided further also that "Forest" shall also include all the areaa irrespective of size, ownership and type of vegetation growing on such areas which have been identified by a competent authority and ootified as protected areas or critical wildlife habitat or corridors for wildlife or habitat of endangered species or eco

sensitive/ eco-fragile areas or critiCal catchment areas of rivers and other water

sources or biodiversity heritage sites or sacred groves in the State. Explanation:

If 60% of the tract is covered with trees and 40% with bamboos, then the qualifying nUIIIbers shall be more than 150 trees of 15 em and higher DBH over bark and more than 40 bamboo clu,mps per hectare for identifying such areas as "(orest''. Mizoran1

No. parameters were formulated by the Expert Corrurutt.ee to classify an area as

"forest''. by dictionary meaning. However, the Expert Committee identified non

notified .. · forest ·areas/ tree cover areas at 50 different locations covering a total

area of 833.00 kml.

Nagaland

Neither a representative from the Nagaland attended any of the meetings conven~d under Chairmanship of the Director General of forests and special · Secretary on the matter nor provided a copy of the report prepared by the Expert Coll'1,111.ittee.

Odisha

ln- case of private land (9Vered with plantations ~d/ or natural growth, smaller units are too difficult to enumerate and it would be practical to account for only

those. areas which are 5 hecatres or more in extent in one continuous patch (to

treat them as "forest'' by dictionary meaning.

Punjab

No parameters were fonnulat~d by the Expert Committee to classify an area as

"forest" by dictionary meaning.

Rajasthan

Areas not less than 5 hecatres and having not less than 200 plants per hectare

were treated as "forestN by dictionary meaning.

. /:

Sikkim

Contiguous patch of minimum 10 hectare area having more than 40 % crown

density were .treated as "forest" by dictionary meaning. ·

TamilNadu

No parameters were formulated by the Expert Committee to classify an ;u-ea as

"forest" by dictio:n.;ry meaning.

Tripura

No parameters were formulated by the Expert Committee to classify an area as "forest'' by dictionary ~ean4!g.

Uttarakhand

Neither a repres~ntative from the Uttarakhand attended any of meeting

convened Wlder Chairmanship of the Director General of forests and special

Secretary on the matter nor provided a copy of the report prepared by the Expert Committee.

Uttar Pradesh

Minimum 3 hectare area with minimum 100 ttees per hectare in Vindhya &

Bundelkhand Region md ll'liiWnum 2 hecatres area with minimum 50 treeS per

hectare in Terai and Plain areas were treated as "Forest" by dictionary meaning,.

subject to following conditions:

(a) Trees means naturally grown perennial trees. (b) Shrubs will not be counted among trees. (c) Minimum area of land will be based on gata-wise. (d) In case of private land, in case a gata is registered in name of several persons in the form of

minjwnula, then area of each minjumula will be considered for area limit. (e)

Plantations ritiscd on goverrunent and private land will not be con~oidered as

forest.

West Bengal

Compact patches of minimum 1 hectare area having minimwn crown density of

0.40 were treated as "forest'' by dictionary meaning by the Expert Committee.

Andaman and Nlcobu Islands

No parameters were formulated to classify an area as "forest" by dictionaey ·mearung. However. the Expert Committee assessed 25,562.48 hectares area as

"forest" by dictionary meaning. Later on, the revenue dep~tment re-assessed the

"

· area of ·forest by dictionary meaning as 16,275.50 ha. A revL~ed affidavit has been

filed before the Hon'ble Supreme Court.

Chandigarh

No parameters were fomi.ulated by the Expert Committee to classify an area as

"forest" by dictionary meaning."

Dadra a11d Nagar Haveli

Private/ ~ovemment areas with a m.i.njmurn of 5 hectares or more having tree

vegetation with species variations and required stocking are to be treated as "forest" ·?Y dictionary meaning.

Delhi ·:

No parameters were fonnulated by the Expert Committee to classify an area as "forest" by dictionary meaning.

Lakshadweep

No parameters were formulated by the Expert Committee to classify an area as "forest" by dictionary meaning.

PU.duche\"IY

No parameters were form.ulated by the Expert CoiiUJI,ittee to classtiy an area as


(vii) Representatives of some States were of the opinion that privately owned areas

should .pot be tread as forest as per dictionary meaning.

(viii) The MoEFCC had also assigned a study to Ashoka Trust for Research in ~ology

anci Environment (A TREE) in 2007 to formulate definition of foresl The A TREE

inter-ala reco:mm.ended the term forest will also apply to any ·site with a minimum area of O.Os to 1.0 hectue· with an existing or potential shrub or tree

crown cover eqi.tal to or more than 10 % and a potential to reach a minimum

height of 2 to 5 meters.

(ix) The Hon'ble Supreme Court in their judgment dated 7111 July 2011 in LA No.

1868 elc. in the Writ Petition (Civil) No. 202 of 1995 in the matter 6f T.N.

Godavarman Thiruinalpad versus Union of India and Others noted that even

though they in their Judgment dated 12th Dccembe~ 1996 directed the States and

Umon Territories to identify the areas which ar!! "forest'' for the purpose of the

FC Act, identification of these areas has not been completed conclusively. The

Hon'ble Supreme Court further observed that whether an area is "fores.t'' for the

/ ~~("~ .

• ,,._,

1

purpo~e of the Ft Act or not is the key question in the said I.A. and several other

matters before the Hon'ble Supreme Court. Hon'ble Supreme Court in thei,r said

Judgment therefore, issued guidelines to .be followed by the Central

Government, State Goven;unent and various authorities under the PC Act and

the Environment (Prote<:tion) Act, 1986. These guidelines include the following:

(a) Completic;>n of the' exercise undertaken by each State jUT Govt in compliance of this Hon'ble Court's order dated1212.1996 wherein inter-alia

each State/UT Government was directed to constitute an Expert Committee to identify the areas which are "forests" irrespective of whether they are so notified, recogni,zed or classified under any law, and irrespective of the land of such "forest" and the areas which were earlier "forests" but stand degraded, denuded and cleared, culm.i.nating in preparation of Geo-referenced district forest-maps-containing the details of

the location and boundary of each plot of land that may be defined as "forest'' for the purpose of the FC Act;

(b) It the project proponent makes a claim regarding the status of the land being non-forest, if there is any doubt, the site shall be inspected by . the

State Forest Department along with the Regional Office of the Ministry to

ascertain the status of forests, based on which the certificate in this regard

as mentioned above be issued. In all such cases, it would be desirable for

. representative of the State Forest Departinent to assist the Expert Appraisal Committee; and

(c) 'I'he MoEP. will prepare a comprehensive policy for !Npection, verification and monitoring and the overall procedure relating to the grant of forest clearance and Identification of forests. in consultation with the States (given that forests fallUl'lder entry 17 A of the Concurrent Ust).

(x) In compliance with Supreme Court's said Judgment, the MoEFCC advised States and uts to prepare geo-referenced forest maps of each of their districts. Ev~ after continuous pursuance by the: MoEF, progress of preparation of these maps in many States/t.JTs is far from satisfactory.

(xi). The MoEFCC also !~ulated a draft policy_ for inspection, verification and . monitori,ng and the overall procedure relating to the grant of forest clearance and identification of forests. ·MoEFCC while formulating the said draft policy

recogrused presence of areas which may be defined as "forest'' by dictio.r\.ary

meaning only in North Eastern States. It was therefore, stipulated in the said

draft Policy that in these States all compact patches of minimum one ~ectare area having crown density more than 30 % on any day after 12"' Decembe.r 1996, as per the successive State of Forest" Reports, shall be treated as "forest'' as per

dic~onary meaning even i! these areas are not. recorded aa forest in the Government records, unless it is proved with credible evidence that the vegetation available in such patch is other than the forestry species of natural origin."· Parameters for classification of an area as "forest'' by dictionary meaning in othe.r States a,nd Union Territories were not specified in the said drait Policy.

The MoEFCC placed a copy of the said draft policy on its website and sought

comments from States, Union Territories, concerned Ministries in the Central Gov~ent and other stakeholders. The MoEFCC did not receive comments from most of the States.

(xii) It has now been learnt ~at apart from North Eastern States, in many other States and Union Territories also areas whk.h have fairly dense vegetation of forestry species of natural origin have not been recorded as "forest" in government

r.ecords. It has also been leamt that Expert Co.rnmittees constituted by these

States and Union Territories in compliance with the Hon'ble Supreme Court's said Judgment dated 12th Decemb.er 1996 did not consider such areas as "forest". Even in the States and Union Territories whe~e Expert Co.rnmittees treated whole or a part of such areas as "forest'', parameters formulated by the Expert ComD!I.ittees tO treat these areas as 'forest' lack rational basis ~d uniformity. The. MoEFCC therefore, needs to formulate parameters for identi.Ilcation of areas which may be classified as "forest" by dictionary meaning in these States and Union.Territories also. ·

(xiii) After examination. of reports of Expert Committees constituted by various

States/ Union Territories it has been observed that many States/ Union

Territories did not formulate any parameters to classify an area as "forest'' as per

dictionary meaning. Even among the States and Union Territories which

formulated parameters to classify an area as "forest' by dictionary meaning there

is a wide variation in the parameters formulated by these Statea. Pararne·ters

formulated by the these States and UI\ion Territories varies from "minimum

compact patch of 2 hectares having minimum SO trees per hectare" to "minimum

compact patch of 10 hecatres with minimum 200 naturally grown trees per

hectare". These parameters are also substantially different from the criteria

adopted by the Forest Survey of India (FSI) .Dehradun to treat area having more

than to %crown density as forest to prepare State of Forest Reports at an interval of every two year to assess forest cover of the country. These parameters are also

substantially different from the relevant provisions of the Kyoto Protocol to which India is a si~tory. As per the Kyoto Protocol a forest must have a

m,inimum area of 0.05 hectare of land having not less than 15 % tree crown cover

and tree height of not less than 2 m.

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(xiv) Parameters for classification of an area as "forest" by dictionary meaning need to

be rationai, objective, unbiased and easy to implement. Availability of o;edible records is also .a one of the basic requirement for selection of these parameters .. Besides. parameters .should be such that it does not become disincentives for raising trees and protecting tree crops in private lands.

(xv) .Parameters which may be considered for classification of an area as "forest'' by

dictionary meaning are- stand density (no. of trees per hectare), crown density

(percentage foliage cover), m.ini.mum extent of contiguous forested area, nature

of vegetation (forestry f nqn-forestry), ori~ (naturally grown or ·man-made) and

appropriate combination of these parameters.

(xvi) Some of the Expert Committees formulated parameters based on stand density (e.g. number of trees per hectare) and minimum size of uniragmented patch to classify an area as forest by clkt!onary meaning. Such parameters however, have following shortcomings:

(a) Delineation of the boundary of an area to be con~idered as compact patch is subjective. Such parameters are thus suitable only for isolated compact patches having clearly deli.neated boundary;

(b) Counting of trees is time and cost intensive;

(c) No credible records of number of trees IU"e available. Nwnber of trees can be reduced by .felling requjsite number of trees to prevent classification of an area as forest;

· (d) Not possible to identify areas which were forest on or after the cut off date but now stand degraded/ denuded/ clear felled; and

.(e) Needs field survey/ mapping for preparation of goo-referenced map of

each patch which has been classified as forest by dictionary m~g.

(xvii) The State like Meghalaya admitted that as the entire methodology (of identification of areas which are "forest" for the purposo of the FC Act) Is based on grounds suJVey and enumeration on a need based approach, it is not poSsible for them ~ prepare geo-re!erimcecl Ulllps of areas which a.ri! forest. for tho putpese of the PC Ac:f by using stAnd density (i.e. number o! trees per hectare) and minimum size. of unfragmented patch based parameters stipulated in clause (10) in section 3 of the Megbalaya Forest Regulation.. 1973 (Assam Regulation 7 of 1891 as adapted and amended by Meghalaya) inserted by enacting the .Meghalaya Forest Regulation Amendment Act, 2013. Government of Meghalaya is of the view that these parameters will be applied on case to case basis to aseertaiJ1 whether an area would qualify to be called a "forest" by the adopted defini~on or-" not Stand. density b~ed parameters are therefore, impractical to

implement. p '\ \

• . ,. ~

(xviii) Parameter based on a suitable coxnbination of crown density (as per the

successive State of Forest Reports prepared by the Fort-st Survey of India),

minimum patch size, nature of the species (forestry or non-forestry) and origin

(natural or man-made) of vegetation appears to be the only feasible option to

classify a.n area as "forest" by dictionary meaning and prepare geo-referenced

district forest maps in an objective, transparent and unbiased manner within a reasonable period of time so as to ensure compliance with the directions-issued by the Hon'ble Supreme Court and also to ensure complete clarity at the ground level in implementation of the FC Act.

(xix) Forest cover in various State/ Union Territories varies from as low as 3.52 .% and 3.59% of t!le geographical area in Punjab and Haryana respectively, to as high as 84.56 % and 90.38 % of the ·geographical area in Lakshadweep and Mizoram res~t;ively. Forest cover in 21 States .and Union Territories is less than national targets to have at-least one-third of the total geographical areas of the country under the forest and tree cover. -It wiU .therefore, be not desirable to stipulate unUorm parameters to classify an area as "forest'' by d,ictionary meaning ~

applicable to all States. and Union Territorit>.s. For the State.-; and Union ·Territories having forest cover less than the National Target, ~ore rigid .

parameters need to be stipulated so as to ensure that whatever little natural forests are available in these States and Union Territories, are fully protected: For

the States and Union Territories having forest cover more than the National target, parameters to classify an area as "forest" by dictionary meanings need to be comparatively less stringent so as to ~ure easy availability of land for genuine livelihood and developmental needs of these States ~d Union Territories. Keeping in view the ecological vulnerability. parametel'5 for classification of~ are11o ~~os "forest'' in-dictionary meaning in hill districts need to be more rigid than the same for plain districts.

2. After detailed deliberations the following was agreed during the meeting:

(i) Subject to approval of the Hori'ble Supreme Court, the following shall mandatorily be treated as "forest" for the purpose of the FC Act

A. Re~orded Forest Areas:

(a) Areas notified as' Reserved Forest (including the proposed Reserved ForeSts covered under Section-4 of the Indian Forest Act, 1927 or similar section of the State Forest Acts/Regulations), Village Forests, Protected Forests and areas covered under Section-35 to Section 38 of the Indian Forest Act, 1927 or similar Sections of the local Forest Acts or Regulations, as applicable i.n the concemed State or Union Territory;

!

\ \

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(b) Areas notified or coJ.'ISidered as "Forest" in accordance with the proyisions of any other Act enacted or Notification or Resolution issued by the State Government or Union Territory Adniinistraf:ion concerned;

(c) Areas covered under Notifications issued under Section 4 & 5 of the Punjab Laml Preservation Act, 1900 (PLPA) or similar .Act which is in force in any other State or Union Territory.ln case of the Punjab, treatment of areas covered under Notifications issued under Section 4 & 5 of the PLPA as "forest" will be subject to final outcome of the. matter pending before the Hon'ble High Court of Punjab and Haryana:.

(d) Areas notified or considered as "forest" in accordance with the provisions of the Acts, Rules and Regulations enacted/formulated by the Autonomous District Councils constituted in accordance with the provisions of Sixth Schedule to the Constitution of India or any other Act or Regulation enacted by any other Local Authority;

(e) Unclassed State Forests;

(f) Areas recorded as "forest", including words meaiung "'forest" in vernacular larlguage in gov~m:nent rocords. Thts4fword.IJ include, forest. jungle, jungle jhadi. chote jhad ~ jungle, bade jluul ~ jungle, zudpi jungl8, han, banf, aranya, oran, ]ungl1 /otya.Jrm&fn, dvfl ~yam landsetc. ·

B. Forests by Dictionary Meaning

8.1: States and Union Territories having forest cov~ less than the National Target (i.e. ·one third of the geographical area) and hill districts having forest cover less than 60% of their geographical .area

(a) Areas having more thanlO% crown density and squb forests as per the successive State of Forest Reports (SFRs) published by Ule Forest Survey of India (FSl) alt:.er 251!\ October 1980, which are Contiguous to recorded forest areas, unless it is proved with credible evidence

··that more than 30% of vegetation available in such area is other than the forestry species of natural origin; ·

(b) All isolated patches of minimUm 5 hectare area having more than 10% crown density as per the successive SFRs published by the FSI after 25111 October 1989, unless it is. proved with credible evidence

:that i:nore than 30% of vegetation available in such patch is other ihan the forestry species of natural origin. (Explanation: In case two adjoining patches having more than 10 % crown density are separated by not more than 200 meter wide strip of scrub forest, such patches having more than 10 % crown density and strip of

~

• ,,. J

sc~b forest located between them (upto a maximum width of 200 meters) shaU be amalgamated and such amalga,mated patch sh.a)l be considered for the purpose of this- paragraph; and

(c) Mangroves, sacred groves and habitats of rare and en!fangered species inespect;ive of the patch size.

8.2: · States having forest cover more than National Target (i.e. one tltird of the geographical area) excluding the hill districts having forest cover less than 60 % of their geographi!;a] area

(a) Areas having more than 40% crown density as per the successive SFRs prepared by the FSJ after 25th October 1980, which are contig1.1ous to recorded forest areas, unless it is proved with credible evidence that more than 30% of vegetation available in such areas is other than the forestry species of natural origin;·

(b) All compact patches of minimum 10 hectare area h<wing more than 40% crown density as per the successive SFR.s pub~ed by the FSI after 25th October 1980, unless it is proved with credible evidence that more t;han 30% of vegetation available in such patch is other than the forestry species of natural origin (Explanation: In case two adjoining patches having more than 40 % crown density are separated by not more than 200 meter wide strip of open forests ~ving 10% to 40 % crown density, such patches having more than 40 % crown density and strip of open forests located between them (upto a maximum width of 200 meters) shall be amalgamated and such amalgamated patch shall be considered for the purpose of this paragraph; and

• (c) Mangroves, sacred groves and habitats of rare and endangered species ~es~ective of patch size

(ii) . Apart from the areas which shall mandatorily be treated as "forest" for the purpose of the FC Act as per the parameters given in paragraph (i) above, all those. areas whfc:h have been treated as "forest" by the Expert Committees constituted by the States and Union Territories in compliance with the dir~tions issued by the Hon'ble Supreme Court in their said Judgment dated 12th December 1996 sltall continue to be tz:eated as "forest" for the purpose of the FC Act.

(iii) Apart from the areas which shall mandatorily be tz:eated as "forest" by dictionary meaning based on the parameters given in paragraph (i) B above, all those areas which may be classified as "forest" based on definition of forest given in any Act or Rule or Regulation enacted by the State Government or Autonomous District Council having jurisdiction over such areas, shall also be treated as "forest" for the purpose of the FC Act.

/ ~,.rl".

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(iv) State Governments and Union Territory Administrations shall be at liberty to formulate their own parameters which are more rigid than the parameters given in paragraph (i) above to classify an area as "forest" for the purpose of the FC Act. (Explanation: Notwithstanding parameters formulated by a State or Union Territory, all those areas which may be classified as "forest" as per parameters given in paragraph (i) above, shall mandatorily be treated as "forest'' for the purpose of the FC Act.

(v) In case of hill and tribal districts, classification of community or privately owned areas as "forest" for the purpose of PC Act based on parameters given in paragraph (1) B above, shall not affect. right of the local tribal and Other

· Traditi.Qnal Forest Dwellers to utilize s-uch forest land ·tor traditional way of agriculture such as jhuming or to enjoy any other rights which arc to be vested on these tribal a,nd Other Traditional Forest Dwellers in accordance with the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognjtion of Forest Rights) Act, 2006. Use of such forest land for any other non-forest purpose wiJJ attract provisions of the FC Act.

(vi) To faci!,itate long term sustainability and ma,nagement of community and privately owned areas which are to be treated as "forest'' by dictionary meaning, the concerned State Government or the Union Territory Administration may consider toacquire on priority such areas for ·creation of compensatory· afforestation in l,ieu of forest land cUverted for non-forest p-urpose and notify them as R~rved Forest. Cost of acqu.U!ition of such. land shall be borne by the concerned user agency in whose favour forest land is required to be diverted for non-forest purpose.

(vii) Tea gar:dens, coffee plantations, cardamom plantations, arecanut groves, coconut groves, "plantations of any other horticulture species and block plantations of any tree· sPecies which are outside the recorded forest areas will not be treated as "forest!'' irrespective of patch size and crown density.

(viii) To enllure long term survival ~d scientific management, State Governments may consi~er to notify plantations raised on Government land a.s Re5erved Fort!sts (RF) or Protected Forests (PF). Till notification of such areas as RF/PF, these J?lantations shall not be treated as "forest'' for the purpose of theFt Act.

The meeting ended with tanks to the Olair.

' ,

if

---~-------------

An.nexure

Officers present in a meeting of Principal Chief Coll$ervator of Forests held JUtder the Chairmanship of the Director General of Forests and Special Secretary (DGF&SS) on 2511\ August 2014 to formulate parameters for dassifica~on of an area as 'forest' by dictionary meaning

51. Name&: Designation Organization Contact No.

No.

1. Dr. S.S. Garbyat DCF&SS Ministry of Environment, Forests 011-2436 1509

and Climate Otange (MOEFCC)

4. Shri A.K. Srivastava, ADG (FC) MoEFCC 011-2436 3232 . . 3. Shri M.S. Negi, ICF (FC) MoEFCC 011-2436 0957

4. Shri Ish war Si\lgh. APCCF(q Regional Office (Northern Zone), 9465096851 ~

' Chandigarh, MoEFCC

s. Shri Amamatha Shetty, APCCF(C) Regional Office (Southern Zone), 9481308146

Bangalore, MoEFCC ·--· ·-6.· Shri Lakhwinder Singh, APCCF (C) Regional Office (Western Zone), %17001213

Bhopal. MoEFCC

7: Shri Tejinder Singh APCCF(C) Regional Office (Eastern Zone), 9437188690 Bhubaneswar, MoEFCC

8. Shri D.P. Sinha, APCCF (C) Regional Office (Central Zone), 9418494284

Lucknow, MoEFCC

9. Dr. :Anil Kumar, APCCF (C) Regional Office (North Eastern 9612167053

Zonc),Shillong, MoEFCC

10. Shri K.S. Reddy APCCF(CeniYal} Regional Office (South Eastern 09303133442

Zone), CJ\ennai, MoEFCC ..

11. Dr. AnmoJ Kumar, Director General ForestSI.UVey of India 8006423055

-· 12. Dr. Shivendu K: Srivastava, Forest Survey of India 8902496130

Reg1onal Director

Sl. Name & Designation· Contact No. ~ .No.

Orga,ni:zation '

13. "Shri.Jitendra Kumar, CCF Government of Mi.zoram 943b767692

14. Shri 5. Talukdar, PCCF Government of Tripura 9436122.299

15. Shri Raju Ranja,n, A.PCCF GovenunentofKarnataka 9448147003

16. Shri M.P. Rai, PCCF Government of Punjab 9855471033

17. Shri V.K. Vishnoi, PCCF & HoFF Government of Assam 9435530031

18. Shri A:N. Sharan, CCF(IT) Government o{ Bihar 9471007474

19. Dr. D.K. Srivastava, .PCCF Government o£ ]harkhand 9430377779

20. Shri Y. K. Singh Chauhan., CCF GovemmentofJharkhand 9453019750 ---21. Shri C.R. Jojriw?tl, PCCF _Government of Haryana 9417655372

22. Shri Vivek Saxena, .ccF · Govemment. of Haryana

23. Shri. D. Hembram, CF (FC) Government of Haryana

24. Shri Santosh Kumar, CF Union Territory of Chandigarh 94~998525

Administration

25. Shri J.f'. Sharma, APCCF Government of Madhya Pradesh 9425029918

26. Shri B.K. Singh, Director MoEFCC 9419011563

27 •. Shri.N. Mohan Korwat, APCCF & Government of Maharashtra 8275608787

Nodal Ofiicer r-· ,

9426432815 .28. Shri O.V.R. Reddy, CCF · Daman, Diu, Dadra Nagar Haveli .Administration

29. Shri E. Meru, CCF Government of Telangana 9440815450

30. Shri C.S. Rao, CCF Government of Sikkim 9434013001

31. ShriS.Kumar, PCCF & HoEF) Government of Meghalaya 9436999140

-

fr ..

SI. Name & Designation Organization · Contact No.

No. .. '

32. Shri Ram Praka'lh PCCF & HoFF Government of Olhattisgarh 9893068001

33. Shri Omkar Singh, PCCF & HoFF Government of Aru:nachal Pradesh 9436050863

34. Shri Kabool Chand, APCCF (Land) Goverrunent of Gujarat 9978406176

. 35-. Shri Y. Satyam,. APCCF Government of Madhya Pradesh 9977995924 . 36 .. Shri Chandan Mitra, APCCF Government of Andhra Pradesh 9440810(?04

r---

37. Shri P.N. Prasad, PCCF Goverrunent of Manipur 9436236381

38. Shri A. K. Shukla, CCF Government of NCT of Delhi 9868954426

39. Shri Subhash Chandra, DIGF (FP) MoEFCC 8800921468

'40. _Shri T.C. Nautiyal Sr. AIGF(FC) MoEFCC

41. Shri R.K. Chaudhary. APCCF Government of Punjab 9530903714

42. Shri Sanjeeva Pandey Government of Uttar Pradesh 941800l807

. 4:.:1. Ot. D I< Sharma, OIGF (RT) MoBPCC 27~233

44. Shri H.C.·Chaudhary, Director MoEFCC 9891587239

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Table 3.1~: Comparison of status of prioritised species ,

Species I Status at ~he time of l Authority I IUCN2000 I CREB2002 j)rioritisation stahls (World) (Guiarat)

Plants 1. Ammnnnin deserlorum Rare WCMC1994 VUB1+2c 2. Anogeissus sericea var. nummularia Indeterminate WCMC1994 3. 8/umen bovei Indeterminate WCMC1994 CRBl 4. Campylnntlws ramosissimus Rare WCMC1994 -EN Bl+ 2a 5. Ceropegin odorntn Endal!g_ered WCMC1994 6. Clr/oroplzytum borivilimwm Rare WCMC1994 VUA2d 7. Cilrullus colocyntllis Rare Bhandarll990 Common 8. Commiplrorn tviglztii Indeterminate WCMC1994 Data deficient Common 9. Convolvulr1s nuricomus vnr. volubilis Unknown WCMC1994 DD 10. Convolvulus stocksii Indeterminate WCMC1994 Common 11. Cornllocnrpus conocnrpus .. CRBl +C2a 12. Cy]lerus dwnrkensis Rare -WCMC1994 CRBl +C2a 13. Dnch;linndra welwitsc/zii VUB1+2ab 14. Dcudrobiuwmicmlmllmn Indeterminate WCMC1994 VU Dl +3c 15. Dipcndi erytlzrneum Indeterminate WCMC1994 Common 16. Ephedra folintn VUB1+3bc 17. Erllopllin lrerbncen Unknown WCMC1994 DD 18. Eulopllin odzrentn Unknown WCMC1994 DD 19. Euloplzin ramnntncen Indeterminate WCMC1994 DD 20. Gloriosn superbn Indeterminate WCMC1994 LRnt 21. Hcliclm;sum cutclticzmz Rare WCMC1994 LRcd (endemic) 22. Heliotropium bncciferum vnr. suberosum Indeterminate WCMC1994 VU Bl +3c 23. Heliotropium rnrijl_orum Indeterminate WCMC1994 Common 24. Hyplznene indicn Vulnerable WCMC1994 CRBl +2C,C2B,D LRnt 25. IudiKofem cnerulen vnr. monospemzn Rare WCMC1994 VU Bl +3c

Cont... Contd ...


Comd .. Species Authority

Vulnerable IUCN1994 ENC1+2b lnderterminate IUCN1994 CRC1+2a Vulnerable IUCN1994 VU A1cde+2cde Vulnerable Anon 1995 VU Ale, Cl+2a Vulnerable IUCN 1994, 251 1994 LR cd Endan ered 2511994 VU A1ce+2ce,Cl Vulnerable IUCN1994 VUC1

59. Sypheolides i11dicn Endangered IUCN1994 ENA2bc,Cl 60. Vane/Ius gregarious Rare IUCN1994 VU A1ac+2bc,Cl

61. Vulnerable 2511994 62. IUCN1996 63. IUCN1996 VUAlcd 64. IUCN1996 ENA2c 65. IUCN1996 66. 2511994 67. 25! 1994 68. Known 2511994

69. IUCN1996 LR cd ZSI1994 IUCN1996. LR nt

72. InsufficienU Known 2511994

73. Endan ered IUCN1996 CRC2b

74. Vulnerable 2511994

75. Vulnerable 2511994 ENA2d

76. Vulnerable IUCN1996 VUC2a

Ex = Extinct in wild; CR =Critically endangered; EN= Endangered; VU =Vulnerable; LR/cd =Lower risk conservation dependant LR/nt = Lower risk ncar threatened; DD =Data Deficient

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CRB1 +D Not in Gu"arat VUC1+2a CRC2a VUB3a+Dl ENC2a CRBlc Vt) B1+3b VU A1ac+B1+ 2ab

EN VU B1+3ab DD ENA2c DD CR C2a ENB1+C2a ENC2a ·-VU Dl VUB1+C2a vu VUB3ab CRC2b vu Ex ENC2a


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Junagadh

Junagadh

Kachchh Kachchh Kachchh Kachchh Kachchh Kachchh Kachchh Kachchh Kachchh Kachchh l<achchh k"':=~,..hrhh

I Kachchh

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Kachchh

Distribution, Density, and Phenolo_gy of Commiphora wightii

' Tnluka Location PA/RF/Others Season Samplin No. of Density/ ha· I Pb=ology I

garea plants in (ha) sampled

olots Mangrol Shil, Muktapur, Others Oct2000 0.1 41 410 FRS I Sa pur ·• Mangrol Loaej village, Others Sept2001 0.2 35 175 Veg

Mangrol-Madhavpur road

Nakhtrana Nabhoi . RF Nov.2000 4.24 262 61.79 V~&FRS Nakhtrana Khimsara RF • RF Nov.2000 1.45 62 42.76 Veg&FRS Nakhtrana Nanama Doom~ar , Others Nov.2000 2.45 178 72.65 Veg&FLS Nakhtrana Vadava Bhooa ' Others Nov.2000 5.39 88 16.33 Veg&FRS Nakhtrana Than Forest RF Nov.2000 3.13 282 90.1· Veg .. Nakhtrana Mothana-Balachor • Others Nov.2000 3.30 68 20.61 Veg&FRS Nakhtrana Near Bharapur Others Nov.2000 241 39 12.86 Veg&FRS Nakhtrana Kuvaroadar Forest Others Nov.2000 1.44 3 2.08~ Veg

Nakhtrana Near Manevana • Others Nov.2000 3.97 189 47.61 Veg&FRS

Nakhtrana Sumari Roha •. Others Nov.2000 234 97 41.45. Veg

Nnkhtrana Kotada Road ·· Others Nov.2000 1.09 36 33.03 Veg

1\T~L-ht-r·:.n~ J\l:::.r:~nn:.r RP "" RF Nnv ?11M 1 Ml ?"l. 1t:: A'l \1.-.-

-I Nakhtrana ~ Moshuna Gadeshwar Others Nov.2000 3.44 68 ____ _t 19.77 IVe~-~-Temple area) ~

Nakhtrana Khirsara lfr . lti' NOV.:.!WU :l.tlb 44 17.19 Ve~

Nakhtrana Savara Others May2001 4.10 20 4.88 Veg.

Nakhtrana Ratamiva ' Others Mav2000 5.72 78 13.64 Veg., Fls. & Frs.

Nakhtrana Chondr- Na~a Others May2000 6.28 161 25.64 Vcr., Fls. & llrs.

Nakhtmna Bibar- Dndor <I Others Mav2000 4.90 108 22.04 Ve~., Fls. & Frs.

Nakhtrana Dhinodhar- Motiaval• Others May2000 5.52 245 44.38 Veg., Fls. & Frs.

Ramsarovar .. Virani ., May2000

5.00 233 46.60 V<' •._ F/s. & Fr.<.

Nakhtrana Others


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Others

3.29

,r;.;.: • .::;.;.~.·;··;o·c-y... ...... W'2ii1Y*~t''i"·m..-...,... ... t'f!tl'»l'"·:&f:;p-;;.:;·~1:-.:::,';:',·."'R~~';f;,~::tt!Wi;W;$~l>:r.s;-i.J:I=i~~-~!~-t-~~

No

. of p

lan

ts D

en

sity/h

a

in sa

mp

led

p

lots

140 25.27

:u .

1/'.lb

297 51.21

155 37.80

232 61.38

·"·······-·

20.37

9 8.65

14 9.79

76 15.23

160 32.06

76 17.12

174 41.43

60 22.73

148 40.82

101 14.13

144 29.81 --·

124 20.39

21 3.17

367 25.52

47 8.92

84 21.37

30 10.31

44 11.03

74 12.17

51 22.17

3 1.16

10 4.37

244 52.03

171 51.98

Ph

eno

log

y

Veg, F

IS&

FR

S

·-· -

Veg

Veg

Veg

' V

eil

Veg, F

LS

& F

RS

.

Ve~ F

LS

&: FR

S

Ve9:&

FL

S

Veg, FL

S &: FR

S

Veg, FL

S & F

RS

V

eg, FLS &

FR

S

Veg, F

LS

&F

RS

. V

eg, FL

S &

FR

S

Veg

,FL

S&

FR

S'

Veg, F

LS

& F

RS

Ve~FLS&FRS

Veg, F

LS

& F

RS

V

eg, FL

S &

FR

S

Veg, F

LS

& F

RS

V

eg, FlS

& F

RS

V

eg&

FR

S

Veg

V

eg, FL

S &

FR

S

Veg, F

LS

& F

RS

Ve~ F

I.S &

FR

S

Veg, F

LS

& F

RS

V

eg, FlS

& F

RS

F

RS

&: leaves form

ation F

lS &

FR

S an

d leaves

fonnation

1-< Q

)

~ u CZl

§ u >.. ..0

"'0

Q

)

§ u CZl

Annexure 1· Details on distribution of the Convolvulus stocksii in Gujarat

District T~luka Location Season PA,IRF/Others Area Surveyed Abundance Density/ha Phenology . fha)

amnn~r amKhambhalia amKhambhalia Riverine Nov.2000 Others 1.0 9 9.00 1\'eg. &Fls.

amn~gar amKhambhalia IYiiarkhi-Kalawada Road Nov.2000 Others 25 151 55.11 ·. Veg. &Fls.

amnaga_r S_ikka Between Farana-Ambala Nov.2000 Others 2.0 60 27.53 Veg., Fls. & Frs.

Kachchh iBhui Bhut Nath Mahadev, Bhuj ui-2001 Others 2.0 1 0.50 Veg.

Kachchh Bhuj ~.ohadua Rakhal • ui-2001 RF 2.0 247 123.53 Veg.&Fls.

Kachchh Bhuj Chundri • 5cPt. 2001 Others 4.0 27 6.75 y, .. ,_ Fls. & Frs.

Kachchh llhui Dhorawar ' J\ug. 2001 Others 10.0 73 7.30 Veg., Fls. & Frs.

Kachchh Bhui Gajod • Sept. 2001 Others 5.0. 15 3.00 Fls. &Frs .

Kachchh Bhu' Meghpar Roadisde . J\U!!;. 2001 Others 2.0 95 47.51 Veg., Fls. & Frs. Kachchh Bhuj Nr.Nerdi Aue:.2001 Others 4.0 328 65.36 Vee:., Fls. & Frs.

Kachchh El_hui Nr. Shivparas Busstop, Bhuj " Aug.2001 Others 1.0 . 198 133.86 Vee:., Fls. & Frs. 'achchh Mandvi SherdiRF . ul-2001 RF 2.0 2 1.00 Fls. Kachchh Mandvi VijaySagar Dam Area " Aue:.2001 Others 4.0 604 133.07 Veg., F!s. & Frs. J<achchh Mundra Navinal - AUJ~.2001 RF 4.0 17 4.1::1 v .. a l:lc: A_,.. ~ .. c

-· tv--1..-\..\o. ' I I I ··---·-

. -------- I": ... :. • ........ :au~ ua. I.IUU~t::' "' II\U!1. ;.(UU.l I Others 25 92 35.i2 IVeg., Fls. & Frs. \Kachchh !Nakhtrana INr. Mangvana • !Nov. 2000 Others I 4.0 I 1 I 0.25 IVeg. Kachchh Nakhtrana ppp. Jadeshwar Mahadev !Nov. 2000 Others T 3.0 I 2 l 0.67 IVeg. !Kachchh INakhlrana l':~~hrac:hur., .. A.f~&..,..,..,t ..... r •. l ........... - --- _ ... _ ... VUlt::J.3 .... u j 1.50 Fls. ~hchh Nakhtrana /Than-Dhinodhar • !Nov. 2000 RF 3.0 39 12.75 ~eg., Fls. & Frs.

'

~chchh Nakhtrana ~an-Dhinodhar Road (Riv_;rine) ul-2001 RF lvcg., Fls. & Frs. 2.0 190 95.02

!S'chchh Nakhtrana lrhan-Nirona Road I ul-2001 Others 2.5 7 2.80 IF Is. achchh Naliya Nr. Kalotara (Tera) • !Aug. 2001 Others 2.0 243 121.51 IVeg. &Fls. ~kol Morbi Ptitrakhada-Vidhaman Bhudlya un-2000 Others 4.0 8 1.94 IVe~.

~ajkot Morbi IMoteda-Kh!rsara RF IDee. 2000 RF 3.5 32 8.70 IVeg., Fls. & Frs. ~kot !Morbi IValasan un-2000 Others 1.0 4 3.77 Vel't. 'w,a\'Ko\ \Ra"ko\ \Massu Damwlshwaria Nesh IDee. 2000 ""'"~~' .. \\!!- ftT'ldnv n.F

Othera 2.5 5 2.00 Ve,<l'. ec. 2000 ll.P 2.0 ..... .. ... --r:'--·


Annexure 1: Details on distribution of the Ep/~P.dra folia/a in Gujarat "•·

IJistrict Toluko Lu~otion PNRr:/Othern Se:~Son Area Surveyed Jha Abundance Dcnsity/ho Phenology_ Ilonaskantha Deesa lRamsar- Valer road Others September. 2000 29.00 53 1.77 Vc~;.

llonaskantha IDees a tranera Road Others February 2002 1.00 . 15 15.0 Vel':. Fir and Frs amnagar Owarka Varvada Others November. 2000 4.00 2 0.49 Veg. amnagar amnal!ar ::harakla Village Others Marcll1999 200 1 0.50 Frs. amnagar amnagar indora Village Others Marcll1999 200 1 0.50 Veg. amnagar imdi Khorada, Limdl road Others November 2000 1.5 1 0.67 Yeg. omnagar orbandar Harsidha Temple Others November 2000 1.5 26 16.67 Veg. nchchh \lhuj AndhauRF RF April2000 4.50 7 1.56 Vcg.

Kachchh Bhuj Andhau village ·' Others January 2000 200 5 250 Veg. Kachchh llhui Bharll£ar Others August2001 4.00 103 23.63 Veg.

~achchh !Bhuj ~ala Doongar , Others July2001 :2. 4 1.94 Veg. & Frs.(Male & Female Cone)

achchh Bhuj Khan, Khavda • Others April:woo 4.00 2 0.50 Veg.

achchh Bhuj Mindhiyari to Paiya Others April2001 2.5 19 7.25 Veg. & Frs.(Male

Cone).

Kachchh Bhui apkeshwari • Others September 1999 2.00 3 1.50 Ve~~;:

achchh Bhui Wandh • Others October 2000 33.00 1 0.03 Veg. l<nchchh l..akhpat Ravapar . Others October 2000 29.00 2 0.08 Veg.

Kachchh MWldra Others July2000 1 15 14.15 - Veg. & Frs.(Male ara .

& Female Cone)_ October 1999,

Veg. & Frs.(Male Knchchh Mundra Navinal Forest . RF January 2001 & 10.5 841 77.02 -

August. 2001 & Female Cone)

Kachchh Nakhtrana KasadiRF . RF January 1999 3.00 1 0.33 VeR.

Ka chchh Nakhtrana Moshunn RF(Arac.lo RF January 1999 9 47 4.58 V~p.. Doongar) '

Ka chchh ~akhtrano !IJ_akhtrana Others January 1999 3.00 18 5.09 Veg. Ka chchh Nakhtrano il'lear Devisar . Others October 2000 16.00 7 0.44 Veg.· ..................... ·- .. 1""\a.S.. ... - l\A'o, ?IVVl ~M fo 1.9fo Ve2 . •• ... •u••• .. ,,.., ·-·-····-(Kachchh INakhtr~na ISum~ri roha I Others I November 2000 3.00 I

-4 I 1.31 I Vcr, I .. . .. ....... h-o ..• ~r DC I N.-.unrnh.:.t' ?lllVl I ~M

-r·-· 10

! 3.33 : VeJ:. I ·-··-·· ...

Kac:.\~h\\. Nakh'tJ:ana. \Vithon- 'BhadaU rand Others October 2000 24 14 0.58 Vcg. 195.5 1208 _/ 6.06 I

.,


Taluk,, Annexure 1: Details on distribution of . Location Hehchrysum culchicum in Gujarat '

r District

Season pA~n · amna•.,.arnamnu,.,.ar

ltfarsidha Harsidl1a ileshwar Mahadev, Bnrda

Mokhana, Barda November :zooo

J!Cachchh LKachchh LKachchh LKachchh Kachchh Kachchh

/!s_achch11 LKachchh Knchchh Kachchh

{Kachch11

:::>kha Mandai Okha Dwarka Bet(Roadside)

Mandai Nr.Dwarka Khambha/iya adnkiyn Dungar "Bhachau akadiya , Bhuj Admand Lake Area

November 2000

November 2000

une2001 November 1999 !November 2000 August1999 Bhuj Bharapar

Bhuj HansTalav Area • une 1999 'Bhuj Ler anuary 2000

Bhuj Mandvi Road • une 1999 • !August 1999

Bhuj Meghpar Roadside • August 2001 Bhui Mundra Road(Nr.Bhata Talav une 1999 Blwi Nr.Bhnrapnr • August 2001 Bhui Nr.Dhrunai !August 20011 Bhui Nr.ShivParas Busstop, Bhuj • August 2001

/Kachchh IBhuj apkeshwari • May 2001 fKachchh /Bhuj ITapkeshwari 1 une 1999

'""F/Others Area Surveyed Abundance

PA PA

Others

Others Others Others Others Others Others Others Others Others Others Others Others Others Others Others

(hal 5.00 2.00

2.00

1.00 15.00 2.00 5.00 6.00 3.00 1.00 8.00 2.00 6.00 4.00 4.00 1.00 2.00 4.00

32 11

34

1 85 1

212 30

1494 1 36 23 29 71 39 23 15

Density/ Phenology \ ha

6.32 eg .• Fls. &. Frs. 5.34

16.51

""·· Fls. &. Frs. \

\'Jep; .• Fls. &. Frs. . \

1.0\l 5.67 1- I 0.50 \Vel!;. I 38.27 5.00

452.80 I 1.00

4.50 I n.so I 4.83

I 16.29 9.47

I 23.01 '7.50

0.75

el!;., l'ls. &. Frs. I Is. I

\Vel!;.& Fls. I

::ls. I Vel!;., l'ls. & Frs. I \Fls. I IV e!!;., rls. & Frs. I \Vel!;., Fls. & Frs. \ Vel!;., rls. & Frs. I

ls. &Frs. I iP\s. \

Kachchh Bhuj -rapkeshwari 2 Wle1999 Others 4.00 8 2.00 1:1s. I Kachchh Lakhpat Nr.Ravapar(Nargiri) • !October 2000 Others 25.00 33 1.32 rls. &Frs. I

/E<'achchh Mandvi oriasar(Nr.Kodai) o February 2000 Others 2.00 12 6.00 rrs. I Kachchh Mandvi Kera-Dahisara ~ May 2000 Others 6.00 16 2.64 I

Neradi (Mandvi-Nakhtrana Kachchh Mandvi Road) August 2001 Others 4.00 16 4.00 Veg., Fls. & Frs. Kachchh Mandvi Nr. Wandha • Pctober 2000 Others 33.00 2 0.06 IFls. & Frs. Kachchh Mundra ~elada-Deepa • ulv 2000 Others 4.00 55 13.35 IFls. & Frs.

!August 2001 Bharadlmata RF 4.00 7 1.75 IFis. & Frs.

\K.~;a~ch~cS!hh~-\M~1un~d~r~a~:--\IN~;av~ma:i· ~~~~-~~:!.·!!:·=:....:...---na· ~--~·-~·,-"iinn~• C:::=:JCC]n~•t!jJ..~ ...... ~C:::JCC~~]MQ:C:IC::J1@n=:C[ 3.21 IVel! .. Fls. & Frs. --1


Details on Distrib\Jtion of Helichrysum cutchicum in Gujarat.

J Disfricf Taluka Location Season P AfRF/Others Area Surveyed Abundance Density/ha Phenology (ha)

' 1Kachchh ,Nakhtrana KhirsaraRF . Nnv~rn'hor ?nnn .,, ., nn T

,., ... ,..,.. I' .............

---- ·-- .... ,.,., ...................... ~. fKachchh jNakhtrana !Mosana Road . ~uly 2001 I Others 2.50 12 4.80 JBs.&Frs. Kachchh INakhtrana IMoshuna-Sukhshan • Uanuarv 1999 I Others 3.00 39 1275 lfls. K~rhrhh N:~~khtr::~~n~ IP'!IIf.h..-.:-. ........... - J.A'-~=-~:-.- -A···.:- I'_! :::: -.

.1.::JU lt"IS. &: l-CS. vun:.Ltt -'oVV I

K;whdth Nakh!l:an;l pumri Rohn \ November 2000 Others 2.00 12 6.00 IEJs. Kachchh Nakhtrana lrhan-Dhiriodhar • !November 2000 RF 3.00 3 0.98 Fls.

IN_akhtrana Varmseda (Nanama

November 2000 Kachchh Doongar) • Others 2.00 152 71.70 Yeg., Fls. & Frs. Kachchh Naliya Kalitalav Area . August2000 Others 10.00' 363 34.06 IVeg., Fls. & Frs. Kachchh Naliya Khadol (Nr.Suthari) ' August2000 Others 3.00 60 18.87 Fls. &Frs. Kachchh Na!iya l.ala Budiva • August2000 PA 6.00 178 28.26 Veg., Fls. & Frs. Kachchh Naliva Nr.Airforse Area ' August2000 Others 3.00 93 28.71 ~., Fls. & Frs.

Kachchh Naliya Nr.Praiav August. 2000 Others 4.00 293 . 69.11 Veg., Fls. & Frs.

Kachchh Naliya Nr.Rava . August2000 Others 4.00 43 10.59 Yeg., Fls. & Frs.

Kachchh Naliy_a Qpp.Airforse Area I AU2US!2000 Othere 3.00 803 230.79 \feg., Fls. & Frs.

Knchchh Nnliya Vengaber (North) • AU2US!2000 Others 2.00 517 224.82 '{E!g., Fls. & Frs.

Kachchh Naliya Vengaber (Side) • August 2000 · Others 4.00 33 7.90- Veg., Fls. & Frs.

Knchchh Naliya Ven~aber1 AU2USI2000 Others 2.00 1402 552.06 Veg,, Fls. &: Frs.

Kachchh Naliya Ven~aber2 August2000 Others 3.00 118 37.11_ Ve~ .• Fls. & Frs.

Kachchh Naliya Vengaber3 August2000 Others 3.00 218 68.56 Veg., Fls. & Frs.

Porbandar Bal'da WLS November 1999 BardaWI.S 12.00 37 3.08

fotal 237.50 6786.00 27.88 _.,


District

amnaear amnagar amnagar

Kachchh !Kachchh Kachchh

achchh Kilchchh Kachchh

!Kachchh Kachchh Kachchh

1!'-acncnn Kachchh IKachchh Kachchh ff.)tal

Annexure 1: Details on distribution of the Heliolropi;tm bacciferom in Gujarat

Taluka Location

OkhaMandal INr. Dwarka OkhaMandal ~ivrahiur SeaCoast K:lkha Mandai IVarvada-Okha Road Bhachau uraiBari RailwayTrack • Bhui IBharapar fNr.Dhrunai) • IBhui IMindhiyari-Piva IMandvi !Babia RF Milndvi !Bara SeaCoast IMandvi Kera-Dahisara ~

IMandvi avza SeaCoast ' IMandvi SherdiRF \

INakhtrana INabhoiRF . 'llaKnrrana

INakhtrana INa!iya INaliya

pp. Jadeshwar rea

~ararruva . umariRoha •

INr. Neradi " Suthari RF (SandDunel \

Season

un-2001 Nov.2000 1Nov.2000 un-2000

1Nov.2000 IApr-2000 IMav-2000 Aue.2001 IMay-20000 ul-2001

IFeb. 2000 Nov. 2000

VHif".LUVV

1Nov.2000 !Aug. 2001 !Aug. 2000

PA/RF/Olhers Area Abundance Densityfha Phenology Surveyed (ha

Others 1.00 33 31.14 Vee., Fls. & Frs. Others 2.00 740 321.82 'y_e£., Fls. & Frs. Others 4.00 46 11.01 IVeg., Fls. & Frs. Others 3.00 1 0.33 !Vel!:. Others 2.00 54 25.47 1\Tel!:., Fls. & Frs. Others 5.00 192 38.40 IVeg., Fls. & Frs.

RF 7.00 35 4.96 ~eg., Fls. & Frs. Others 3.00 568 182.10 !Vel!., Fls. & Frs. Others 6.00 66 10.68 !Vel!., Fls. & Frs. Others 1.00 41 41.01 IVeg.&Fis.

RF 2.50 29 11.60 IF!s. &Frs. RF 4.00 46 11.33 !Vel! .. Fls. & Frs.

7.84 Vlllt:J:::t u.vv ...... -.;).~,&... "'· Others 200 50 23.59 (Vel!., Fls. & Frs. Others 20.00 205 10.25 ('/_el!., Fls. & Frs.

RF 2.00 1405 566.76 IVeg., Fls. & Frs. 73.50 3559 47.23


li [) I

t.1 0

Annexure 1· o t il ea s on distribution of Sida tiagii in G~jarat District Taluka Location Season ,

PA/Rf:/Others lAW a Surveyed (ha am nagar amnagar RaniitSagar Dam Abundance Density/ l'hcnolo~;y \ amnngar Okha Manda! Dwarkabet(Roadside)

Nov.:woo Others ha

amnngar 5ikka Nov. 2000 5.00 3 0.59 Fls. &Frs.

Farana Others 2.00 Kachchh Bhuj Nov.2ooo 71 34.47 Vel':·• Fls. & Frs.

Andhau RF • Aug, 2001 Others 5.00 6 1.19 Is. &Frs.

Knchchh Bhui ~"hundri RF 2.00 20.50 Vci':.·.&Fis. .. Sent. 2001 41

Kachchh llhuj Dhorawar Others 4.00 7 1.75 !'Is. & Frs. !S'chchh • 1\UJl, 2001 Bhuj Gajod Others 10.00 8 0.80 Fls. & Frs.

1!5achchh Bhui 0 ~Pt-2001 Others 5.00 7 1.40 E'ls. &: Frs.

Kachchh Khari, Khavda .. Aue.2001 Others 2.00 so 40.01 Veg. &:Fls.

Bhuj Meghapar Roadside • ~chchh Bhuj Nr.Bhampar

Autz.2001 Others 2.00 205 102.51 Vep;., Fls. &: Frs. b Aug.2001 Others 4.00 623 1'39.09 ~., Fis. &: Frs.

Kachchh Bhui apkeshwari . ul-01 Others 2.00 so 38.84 Ve~~:., Fls. & Frs.

-~ Kachchh

Nr.Dhrunai(VijaySagar Dam 1\UJ!. 2001

3.00 18'3 55.46 Mandvi Area) • Others VcJl., Fls. & Frs. Kachchh Mandvi ViiavSa!lar Darn Area ' 1\ug, 2001 Others 4.00· 267 62.10 r.'eg., Fls. &: Frs. ~chchh Mundra Beraja • Aue.2001 Others 1.00 2 2.00 IF!s. .. .. .. ~ ~=--~~::~- _,_ __ '"'.., a .. :~ ... Q .. Att.,.. ?001 Others ~.50 48 18-.32 \V ell;., Fls. &: Frs. 1'\.U\.,IIl,.IUI

U a.,.o ''"'• ·~·

/Kachchh /Naklnrana /Mosana Road . IIut-01 I Others I 2.50 I !lb I LL~IJ \Y cg., l'lS, at n ~- . I

jKacncnn JL'i~UUU.lc:Uia ~··CH.~U\,...,:u 1 ..,. .. :.=-~.-~.:·: -~--- 1J..1 01 ()thPnl 2.00 I 85 . \.-4'],.51 \Veg., Fls. &: Frs. \

/Kachchh !Nakhtrana frhan-Nirona .. ul-01 Others 2.50 80 32.00 VeR., l'ls; &: l'rs:

/Kachchh Nallya IKalitalav Area • !Au~~:. 2000 Othel'!l 10.00 565 50.7'3 lleg., Fls. & Frs.

/Kachchh Naliya Khuada . /Aug. 2000 Others 2.00 38 17.93 Fls. &Frs.

Kachchh Nnliva Nr. Rava \ lAue. 2000 Others 2.00 602 268.81 [Veg., Fls. & Frs.

~achchh Naliya Qpp.Airforse ' /Au~~:. 2000 Others 3.00 137 40.06 tFrs.

Kachchh Naliya Praiav (South) • /Aug. 2.000 Others 2.00 2 1.00 IFls. & Frs.

K;~chchh Naliyn lvcnga\x!r 1 . Aug. 2000 Others 2.00 32 13.91 Fls. &Frs.

Kachchh \Naliva \Ven~aber2 /Aust.2000 Others 2.00 53 24.31 Fls. &Frs.

\Kac'nchh INa\iva \Ven~~:aber'3 !Au11:. 2000 Others 2.00 12 5.66 f:Js. &Frs. '@.,..:~.<.ot · \Ral'w:.ot \Nvaci un-01 Othen! 2.00 5 2.50 eg., Fls. & Frs.

-,;:o ... ':.'L\. 87.5 3298 l 36.06 I I


b._

- _.-'

--I D

istrict I I I !K

achchh iK

achchh !K

achchh K

achchh K

achchh K

achchh tf<achchh !K

achchh !K

achchh tr<achchh tv

--1

..-L

L

.... ----·-·--· }II<

achchh t:..frt',. ... h ... h

h

~chchh

'Kachchh

!Kachchh

Patan

Surendranagar

Surendranagar

Surendranagar

Surendranagar

pu

rend

ranag

ar 'purendrana~ar

\ 'l'o

tal

Taluka.

!Bhachau

Bhachau

Bhuj

Bhuj

Bhuj

tBhuj

~huj M

and

vi

Man

dv

i tM

andvi ;-:~!.;,.'-.~;..~.~

fNakhtrana

11\r,.t-h .... ,..,. ..

/Nakhtrana

Nak

htran

a N

akh

trana · · '

·1patan

Su

rend

ranag

ar

Chotila

Chotila

~hotila

k:hotila ~hotila

. \ /

/

A

-.

--

-· ~ .......... u

;J u

u Ul'~>Lnounon or lpom

oea kotschyana in G

. -t

locah

on

U

Jara p A

/RF/

Season

Area S

urveyed Abundance

~

Oili~ •

h odasar R

F (N

r.Chandrodi

In

a SurajB

ari} L

akadiva .

RF

IJun-2000 2.00

. 11 6h

Others

un-2000 2 00

· 13 oraw

ar O

th A

l .

• II<un

. ers

ug. 2001 10.00

160 an

a O

th IM~

. .

ers ul-2001

1.00 ·

4 otaPrrN

1 Dargah, B

huj O

thers tM

ay-01 1.00

57 IN

r. Bharapar

Others

!Aug. 2001

4.00 526

~apkeshwari O

thers ul-2001

. 2.00

. 200

II<era-Dahisara

Others

IMav-2000

6.00 5

ILavza S

eaCoast

Others

ul-2001 .

1.00 304

tNr.T

regadi O

thers IA

ug.2001 3.00

32 ~on-.,.

....... ..

JL

I'.&...,K

.I.-.L..I'Y

U.V

A

I ~~1,..11:11

11-'t'~a.y-:~~~ I

---.. __

...... vu

I

... v ...

-lMosana R

oad O

thers lful-2001

2.50 I

12

N

.. ~h .. ..:n: tt .......... ;,... .... \

I n

•ha•a

In,..• ?nnn I

?.d..nn I

1M

,,,

. tN

r. Mangw

ana O

thers !N

ov. 2000 4.00

39

PPP· Jadeshw

ar M

ahadev Area~

Others

Nov.2000

3.00 82

IVadava B

hopa O

thers N

ov. 2000 2.00

77 arsw

ati Riverine

Others

Pee. 2000 . 2.00

125

Ram

paraR

F

RF ~ec.2000

2.00 348

II<rishangadha R

F RF

Dec. 2000

2.20 36a

IMandovR

F

RF

Dec. 2000

2.00 . 3'73

IRam

para O

thers J)ec.2000

2.00 .-25

Sad

ala Forest

Others

IDee. 2000 1.50

'32

8

Su

nd

riRF

R

F IDee. 2000

1.50 34

I 85.7

3373

Densityfha

4.91 6.31 15.53 4.00 57.01 125.85 100.01

0.81 304.06 10.67 ... _ ... ,

I ... ......... ""

I 4.80

I F. ?1:\

9.75

26.80 37.38 54.36 147.47 152.54 171.12 12.50 188.53 19.54 38.00

Phenology

;veg. V

ee:. ~ee:. ~eg. IV

'eg. &F

ls. ;veg., F

ls. & F

rs. ;veg., F

ls. & F

rs. ;veg. \V

eg,, Fls. &

F-rs. · \V

est. &F

-rs. \

~ .. ' .... ~ . .:_ ~~;.

~

\Vest. &

F-rs. ·-

\v-P

O'.

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Annexure 1: Details on distribution of the Pavonia ceratocarpa in Gujarat

District Taluka Location Season P A/RF/ Other~ Abu~dance Phe!l_~logy

amnagar iHarsidha INr. Mokhana (Barda) Nov.2001 PA 3 AS~ &Frs. arnnagar ~alaya (Halar un-01 Others 3 Ffs. &Frs. arnnagar alaya INr: Dhundhvav Nov.2000 Others 2 IFls. &Frs ..

Kachchh huj ))horawar IA.ug.2001 Others 3 !Fls. &Frs.

IKachchh INeradi · (Mandvi

1Aul!;.2001 Veg., Fls. & Frs. ~huj INakhtarana Road) Others 21

i<achchh lshuj apkeshwari ul-01 Others 3 Veg.

Kachchh IMandvi [Nr. Tregdi Aug.2001 Others 1 IFis. iKachchh iMandvi lviiavSal!:ar Dam Area ii\ug. 2001 Others 6 IFls: lt<.achchh IMundra !Bhadreshwar Road IA.ug.2001 Others 4 IF Is.

Kachchh Mundra lN~vin~t " ..., __ ...

1U' I 34 -fveg., Fls. & Frs~ ,...-,.,.-...,u"'

!Kachchh \Nakhtarana \Mosana Road lJul-01 Others 4 !Fis. ,-. ---- 38 Vee:., Fls. & Frs. \Kachchh N'A\iV" tJ(':ITn .... ~ /lo..T- 'T':::-=:\ '"'""'F-1""'-VVJ. umers

Vengaber Aug. 2001 Others 10 iFls. &Frs. Kachchh Naliya iPis. & Frs. lRaikot IRaikot Nvasi ul-01 Others 5

137

L----·

Fls: Flowering, Frs: Fruiting, Veg: Vegetative phase


Annexure 1 o· tr"b ti and abundance of Banded Gecko lS 1 u on .

\ \

\

District

· Kachchh

Total

Taluka

Bhuj

Nakhatrana

Lakhpat. • ~1· J

3

Location

Tharikeswari Chaduva Rakal Edumund Lake 0

Kum:~ri OnnQ'ar 0 ·;:···· I Aroda Dungar J

-111<111

Narayan Sarovar Laxmirani Umarsar

RF- Reserve Forest, PA =Protected Area, Y=Young

RF/PA/ Abundance Young ones

Others 4 1

Others 2 Others -

Others 2 -

Others 1 .. -Others ~

h ru <>rc: 4 -·

PA 5 -6 -Others

1 8 29

Annexure 2. Habitat Information of. Banded Gecko

Macro % Micro habitat % Terrain 1Yo Substrate % habitat sightings sightings sightings sightings

Open Under small

Flatf 20.69 Flat Stone ( <225 44.83 31.03 Hard 68.97 scrub sq.cm) Plateau Gravelly

E. trevulia Under moderate Flat Stone (>225 Gentle &mixed 27.59

sq.cm-500 31.03

Undulate 51.72 Rocky -31.03 scrub sq.cm)

Under large Flat Moderate A. nilotica 24.14 Stone >500 20.69 Undulate 17.24 Hard

68.97 sq.cm Gravelly A.seneKal 27.59 Rock Crevice 3.45

Under small Open 20.69 FJatStone (<225 44.83 scrub sq.cmJ

.

258


, !

l ry

Annexture 1. Observations on Pied Tit (Parus nucha/is) in qujarat District Taluka Location RF/ P A/ Others Area Surveyed Abundance AM AF J UK M:F F:J

Kachchh Lakhpat Matano madh (Sa. Km.)

RF 30 6 3 3 Lakhoat Guharmoti (NSS)

- - 1:1 -PA 7 2 1 1

Lakhpat Pipar(NSS) - -PA 8 2 1 1

Lakhpat Subhsour - -

PA 4 4 2 2 Lakhpat BitvaricNSs)

- -PA 1 4 2 2 - -Lakhpat Khadak lNSS\ PA 7 1 - - 1 - -

Lakhpat Guneri Others 8 1 - - 1 - -Lakhpat Gaduli Others 12 4 2 2 - -Lakhpat Panandhro 7koteshwar Others 4 2 1 1 - -llhui Lifra RF 20 2 1 1 1:1 -Bhuj Tapkeshwari RF 15 4 1 1 2 1:1 -M~nriui 'rllnu,,..; '""''-· -- - i I "' I I l:l I -· --·--- ·- , ... "' 1

INakhtrana Sukhsan I RF 30 I 16 8 T 8 T I I 1:1 I -11\h lchh:':\n::. I Tlhi.,e.:, .. I f"'lt..- .... "n . - --- . . - -Nakhtrana Nirona Others 14 2 1 1 - -Nakhtrana Pakhdahill Others 4 2 2 - - - -

Banaskantha Palanpur Ukarda PA 200 4 2 1 1 1:0.5 1:1

Palanpur Chitrasarni RF 4 1 1 - - -Palanpur Dharmata Temple. Others 15 5 1 1 3 1:1 -

TOTAL 425 70 32 27 2 9 RF ~ Reserve Forest, AM- Adult Male, AF- Adult Female, J- Juvemle, PA" Protected Area, UPA • Unprotected Area, UK • Unknown

1:0.84 1:0.07

. . Annexure 2. Percent Use of different habitat features by Parus.nuchalis

Macro Habitat % Micro habitat % Terrain % Slope % Sub1trate %

sightings sightings sighting& skhtln~s (brancll) slghtlngs

Mixed Forest 8.6 Riverine 25.7 Flat 18.6 Flat 5.7 primary 2.9

A. senegal mixed forest 41.4 Arnculture hedges 7.1 Gentle undulatlort 77.1 Gentle 48.6 Secondarv 42.9

A. uiloticn forest 11.4 Nullah 44.3 Moderate undulation 4.3 Moderate 45.7 Tertfarv 54.3

P. julillorn forest 14.3 A.sene)lnl forest 22.9 -I \ A.scuc~nl forest 24.3


Annexure 1. Distribution of Chinkara in Gujarat

\District I Tah1ka I Location : PA/RF/OthPrS I AhnnclanrP ~ : SA I ~~~+ SAF I y l UK I l"acncnn INakhtrana ISukshan • RF I 1(47) IK~r~rhh 11\lo\.oh..__. C ... --L----

-~\~ ... ~ ~ ·;.;.j ~ .. ~ -- -~

Kachchh Bhuj Naravanpar . Others (1) Kachchh Bhui BhatTalav Others 1 1 . ·.

Kachchh Bhuj Sanitorium Others 1 1 Kachchh Bhuj Tapkeshwari , RF (1) Kachchh Bhuj Sayeedpar • Others 1(8) 1 Kachchh Bhuj LehrRF . RF (1) Kachchh Mundra Lifari . Others 2(6) 1 1 Kachchh Bhui Banni ' Others 3(12) 1 1 1 Kachchh Aniar Anjar ~ Other 2_ (12) 1 1 Kachchh Lakh£at Laxrniranl A. RF !;_(24 2 2 1 Kachchh Lakhpat Panandhro ' Others 4(13 1 1 1 1 Kachchh Lakhpal Dolatpar Others 3(4 2 1 Kachchh Lakhpat Sheh . RF 2(4 1 1 Kachchh Lakhpat Narayan Sarovar PA 14(116) 2 7 3 1 1

Sanctuary . Kachchh Abdasa Lala Bustard Sanctuary. PA 4(20) 1 2 1 Rajkot Rajkot Ram para Wildlife PA 3(10) 1 1 1

Sanctuary Kachchh L1khpat Sang hi . Others 3(1) 1· 1 1 Kachchh Lakhpat Lakhpat . Others 2(1) 1 1 Kachchh Abdasa Vingaber . Others 62(128). 10 17 9 . 11 9 6 Kachchh Abdasa Lala outside • Others 6(39) 2 2 1 1 Kachchh Abdasa Kalatalv • Others 5(27\ 2 1 1 1 Surendranagar Chotila MalavRF ·RF (3) unagadh Visavadar Sindi vidl Others 5 2 3

)unagadh Visavadar Shivtaliness Others 1 1 )una!!;adh . Visavadar Kasiva Vldi Others 4 3 1 \Junagauh Devalia (Girl PA 5 . 2 2 1

--


' 1 c,

,..: .. . . . • ·. ·. • • :.. •• 4~ •• ~.

• • .. •. *~ -:. · : .... : .. ' .. ~

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. ... . .· . :""

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N

S'CZ.LOX C'(.'JARATWDil>PARKLTD. _L SAIIJA." P\'T. LTD. SHBEE CREEX C\'I:RCY LTD. SCALE 1CM = 80.00MT

\ \ :=t ANNEXURE A/5 (COLLY)

Office of the Collector and District Magistrate, Kachchh-Bhuj.

\ \

JMN-4 Records, Revenue Department, Jilla Seva Sadan, Mandvi Road, Bhuj-. ~,. J

Kachchh, PIN 370001.

)

Email: [email protected], Tel- 02832-250020/FAX- 02832-250430 .

• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •

No. JMN-4/Windmill/vashi/1168/2018 Date: 20/12/2018.

Sub:- Village Sanganara, Tal. Nakhatrana

S.No. 4, 89, 75, 174, 194 land per each S. No. He.1.00.00 and also 163

land He. 2.00.00 Aare of total land He.7-00-00 Aare for wind mill project to be

obtained on lease.

Shree Adani Green Energy (MP) Ltd., Ahmed.abad.

Ref:- (1} Government Revenue Department, Gandhinagar Resolution No.

JMN/3903/UOR/29/A dated 11/6/2004.

(2} Government Revenue Department, Gandhinagar Resolution

No.JMN/3903/UOR/29/A dared 2/12/2004

(3} Government Revenue Department, Gandhinagar Resolution No.

J M N/3903/ /UOR/29/ A dated 20/02/2006

(4} Application dated 12/02/2018 from Shree Adani Green Energy (M P} Ltd.

(5} Letter No. JMN/vashi/1523/2018 dated 18/05/2018 from the Dy. Collector,

Nakhatrana.

(6} Letter No. DS0-39/MR No. 1/375/2017-18 dated 25/07/2018 from the DILR,

Bhuj.

(7} Letter No. B/JMN/Te 12/806-07/18-19 dated 25/04/2018 from Chief

Conservator of Forest, Kachchh Forest Circle, Bhuj

(8} Letter No. CGM/Iease/Te P/Kachchh/Adani Green Energy (MP} Pvt. Ltd.

/210, 211, to 215, 217 to 219, 221, 223 to 251, 253, 2018-19/3916 dated

1/09/2018 from Additional Director, (Development}, Office of the Geology and

,Mining Commissioner, Gandhinagar.

\

(9hrhis Office letter No. JMN/4/wind mill/vashi/1168/2018 dated 5/12/2018 . ~l·'

(10} Letter No. JMN/vashi/chalan/2018 dated 13/12/2018 -from the Mamlatdar,

Nakhatrana

(11} letter dated 12/12/2018 from the Talati cum Mantri, Shree Sanganara

Gram Panchayat, Tal. Nakhatrana-Kachchh.

(12} Letter No. Stamp/lease/wind farm/stamp duty/7968 dated 17/12/2018

from the Dy. Collector, Stamp Duty Assessment Administration, Bhuj.

(13} Letter No. JMN/2018/2255/A-1 dated 11/09/2018 from the Government

Revenue Department, Gandhinagar.

Fact of the case is that, a new policy for wind farm project for granting land on

lease has been declared vide the Government Revenue Department resolution.

At Reference No. 1 above. Applicant company Shree Adani Green Energy (MP}

vide Reference- (4} above has applied for land with S.No. 4, 89, 75, 174, 194

land per each S. No. He.l.OO.OO and also land 163 He. 2.00.00 Aare of total land

He. 7-00-00 Aare of village Sanganara, Tal. Nakhatrana for wind mill project to

be obtained on lease for a period of 20 years.

With reference to the application of the applicant company, the Mamlatdar,

Nakhatrana vide his letter No. JMN/vashi/1469/2018 dated 16/06/2018 has

prepared official proposal and has forwarded the same with positive

recommendation to the Dy. Collector, Nakhatrana vide Reference- (5}. Details

of the same are as under;

Demanded land is a Government waste land, hilly area, wherein the Company

has requested for grant of 20 years lease on land at different locations for the

purpose of erecting wind mills. Demanded land is n6t amongst the

I 1 I i I ,;

.1 Government grazing land or for transfer to the Forest Department. Demanded

land is not amongst the land reserved for any public or other purpose. No

religious place, con·served monument of faith or temple of any religion or any

such structures are there within the area of the demanded land. There is no.

tourt case or any dispute in respect of the said land. Roads/rough roads are \ . \ . . .

there for movement ·'within the demanded land. No electricity or telephone

lines are passing through the demanded land. Small and wild plants like acacia

etc. are found here and there in the demanded land. On the site inspection ,

report and local map tracings are submitted herewith.

For the purpose and in terms of the provisions of the Government resolution

dated 6/4/2011, the applicant company has informed that they have on

09/02/2018 deposited in the Government account a sum of Rs.14,000/- vide

Chalan No. 427 with the Bhuj branch of State bank of India being the amount of

1% Service charges for the said land.

Circle Officer, Nakhatrana has carried out an on- site inspection of the land

demanded by the applicant company and as per verification with the

Government records, an opinion has been forwarded by the Dy. Collector,

Nakhatrana for land demanded by Shree Adani Green Energy (MP) Ltd. At S.

No. 4, 89, 75, 174, 194 land per each S. No. He.l.OO.OO and also 163 land He.

2.00.00 Aare of total land He.7-00-00 Aare for wind mill project at Sanganara

village of Nakhatrana Taluka.

Vide Reference No.-(6} of D I L R, Bhuj, applicant demanded land at S. No. 4

Hec. 1.00.00, 89 Hec. 1.00.00, 75 Hec.l.OO.OO, 163 Hec. 2.00.00, 174 Hec.

1.00.00, 194 Hec. 1.00.00 at village Sanganara, Tal. Nakhatrana as shown by the

applicant was surveyed in their presence at the cost of the applicant unit and

was matched with the records of D S 0 and it was observed that land at S. No.4

Hec. 1.00.00, 89 Hec. 1.00.00, 75 Hec. 1.00.00, 163 Hec.2.00.00, 174 Hec.

1.00.00, 194 Hec. 1.00.00 are available. Measurement sheet No. 1/375/2017-18·

dared 25/07/2018 for the same has been submitted. Coordinates and

1

-.

'

1l

~ l

.•.. . ,·,' ;··,,·

',:::::.-.:.·· .. ·.·.

Composite maps have also been submitted whose locations are No. MDV-601,

178, 31, 96, 439, 260, 568 total 7 (seven).

\Vide Chief Conservator of Forest Reference No-(7}, against the total Hec. \

\ . 7.00.00 land at villagEHSanganara, Tal. Nakhatrana demanded by the applicant,

opinion has been given for land at S. No. 4 Hec.l.OO.OO, 89 Hec.l.OO.OO, 75 Hec. )

1.00.00, 163 Hec. 2.00.00, 174 Hec. 1.00.00, 194 Hec. 1.00.00 Aare, total Hec.

7.00.00. This opinion has been given subject to insulation of electric lines, to fit

bird guards and reflectors on poles and lines and other conditions whose

location No. is MDV-601, 178, 31,96, 439, 260, 568.

Vide Reference No."'"(8} of Additional Director (Development}, Office of the

Geology and Mining, Gandhinagar, "No Objection" certificate has been

submitted in respect of demanded land at S. No.4 Hec.l.OO.OO, 89 ljec.l.OO.OO,

75 Hec. 1.00.00, 163 Hec. 2.00.00, 174 He~. 1.00.00, 194 Hec. 1.00.00 Aare,

total Hec. 7.00.00 of village Sanganara, Tal. Nakhatrana for wind mill point No.

MDV-601, 178, 31, 96, 439, 260, 568.

Thus, considering the above-mentioned opinions, land demanded by the

applicant company at S. No.4 Hec.l.OO.OO, 89 Hec.1.00.00, 75 Hec. 1.00.00, 163

Hec. 2.00.00, 174 Hec. 1.00.00, 194 Hec. 1.00.00 Aare, total Hec. 7.00.00 of

village Sanganara, Tal. Nakhatrana for wind mill point No. MDV-601, 178, 31,

96, 439, 260, 568 is allottable to the said company.

Vide Reference No-(2} of the Revenue Department of the Government

resolution provisions, rates for the rent for the land for the purpose of wind mill

projects have been inalized. Accordingly, annual rent of Rs. 10,000/- per

Hectare has been inalized. Accordingly, rent for Hec. 1.00.00 land allotted to

the applicant unit comes to Rs.10,000/-. Which as per the provisions of the

Government Revenue Department Reference No-(2) falls under the jurisdiction . . of the Office. Thus, vide Reference No. -(9} of the Office, the applicant

company is directed to pay amount of annual rent of Rs. 70,000/- and other

taxes to the Mamlatdar, Nakhatrana within a period of 21 days in respect of S.

No. 4, 89, 75, 174, '194 per S. No. Hec. 1.00.00 and No. 163 Hec. 2.00.,00, total

Hec. 7.00.00 for wind mill point No. MDV-601, 178, 31, 96, 439, 260, 568.

Accordingly, the Mamlatdar, Nakhatrana vide Reference No - (10) report on 1

13/12/2018, the applicant company has deposited annual rent of Rs. 70,000/-

vide Challan No.1239. Also, the Conversion Tax of Rs. 4,20,000/- has been

deposited vide Challan No.1240 on date 13/12/2018. Also, as per the

assessment letter and instructions from the Dy. Collector, Stam·p Duty

Assessment, Bhuj difference of 1 %of Service charges amounting to Rs.59,500/

has been deposited vide Challan No.1241 dated 13/12/2018, original of which

has been submitted.

Vide Reference No-(11) of Talati cum Mant~i, Sanganara Gram Panchayat, Rs.

7,000/- for Non-Agriculture tax vide Receipt No. 88 dated 12/12/2018, Local

Cess amount of Rs.3,500/- vide receipt No. 88 of 12/12/2018, and Education

Cess of Rs.3,500/- vide receipt No.4 dated 12/12/2018 have been paid, original

receipts for the same have been submitted.

Vide Reference N0-(12) of Dy. Collector, Stamp Duty Assessment, Bhuj,

recoverable official stamp duty for the same at Rs.27440/- has been deposited

on 13/12/2018 vide Challan No. 1208. Report to this effect and original receipt

have been submitted.

Since annual rent ar.nount in terms of the resolution of the Government

Revenue Department dated 2/12/2004 has been paid by the said applicant, as

per provisions of the Government Revenue Department Reference- (1) and (2)

and above-mentioned opinions, Order is hereby issued to "Shree Adani Green

Energy (MP) Ltd." Ahmedabad for grant of lease for the period of 20 years in ,

respect of land at S. No. 4 Hec. 1.00.00 aare, 89 Hec. 1.00.00 aare, 75 Hec.

1.00.00 aare, 163 Hec. 2.00.00 aare, 174 Hec. 1.00.00 aare, 194 Hec. 1.00.00

aare, total land Hec. 7.00.00 aare of village Sanganara, Tal. Nakhatrana with

wind mill point MDV-601, 178, 31, 96, 439, 260, 568 for the purpose of 7 wind

mills subject to opinions and conditions laid down by the respective.

Departments of the Government and as laid down hereunder; \ \ ' . . ,._,

Conditions:-

1

(1) Tenure of the lease shall be 20 years.

(2) Annual rent of Rs. 10000/- per Hectare as fixed by the 'Government vide

resolution dated 2/12/2004 shall have to be paid regularly. Non

agriculture taxes and other taxes on land shall also have to be paid

regularly. Rent shall have to be paid by the sub lease client. Any

alterations made by the Government in future in respect of the rent

amount shall be binding up on the Company. Proof of payment made in

respect of the above amounts shall have to be submitted to us from time

to time.

(3) Since payment of annual rent and other taxes are related with the

financial concern of the Government, your failure to produce such proof

shall attract legal proceedings against you.

(4) As per Reference - (1) and (2) of the Revenue Department, one-hectare

land is considered as standard unit for 1 wind mill. On allocation of the

land as per the said norms, at the time of development of the land

adjoining and surrounding the said land it is to be ensured that Wind

Velocity is not disturbed. Developer shall be eligible to get Right of way

for keeping/installing WTG and Transmission. However, for transmission

and right o~ way, use of private land reserved for grazing, village limits,

cremation ground etc. shall not be allowed.

(5) Land shall have to be used for the purpose for which the same is allotted

within a period of 2 years from the date of this Order. Failure to do so

shall be considered as a breach of condition.

(6) Developer of the wind farm project shall obtain the land on lease and

after its development, can give the same on sub lease to client once only.

After entering in to the agreement for sub lease, endor~ement form the,

Collector shall have to be obtained within a period of 30 days. This

provision is necessary so that rent can be recovered from the sub lease

holder from time to time. In case of breach of the provision, the lease

shall be terminated and the said land shall be taken over by the

Government without any compensation and free of any charges.

(7) The said land is allotted on lease for a period of 20 years to the applicant . ,.~

/company "Shr'ee Adani Green Energy (MP) Ltd., Ahmedabad. In the

column 'Posses~or' of the village form7 /12 shall be mentioned as

'Government' only, while in 'second charge' column, it .shall be noted as

"Sanctioned to Shree Adani Green Energy (MP) Ltd. Ahmedabad on lease

for 20 years". Even after the sub lease, name of the party getting sub

lease shall be mentioned in Form 7/12 only in above details.

(8) For constructing roads, laying of electric lines from the private land,

further steps may be taken after obtaining consent from the concerned

unit/account holder as also permission from the concerned Departments

by following the rules and regulations.

(9) Activities in the land demanded shall be undertaken after maintaining a

distance of 50 meters from the existing local forest area. In case of any

legal requirement in the matter, permission from the competent

authority shall have to be obtained.

(10) Forest area should not be used at the time of digging or for transporting

material. Care should also be taken to ensure that no wild life is

damaged/disturbed.

(11) In case existing trees are to be cut in the demanded land, official

permission from the competent authority shall have to be obtained

before using the same and trees shall have to be planted in nearby area.

{12) No activity s'hould be undertaken which obstructs any natural water flow

towards or from the demanded land.

(13) In case of any blasting etc. in the demanded land area, it should be

ensured that no obstruction in daily routine activities of the wild life is

caused and before such activities, permission from the nearby concerned

Official of Western Kachchh Forest Circle should be obtained.

(14) In case of need for construction of approach road from the main road for

movement in the demanded land and for laying of electric lines and if the '

main road is declared as a Protected Forest, prior approval from the

~~~ Government of India under the provisions of Conservation of Forest Act-

1980 shall have to be obtained for construction of approach road and

laying of electric lines.

(15} Moreover, in case land for airport/air force/railway/port/sea area/C R Z

area is situated in the area surrounding the sanctioned land area, use of

• the land shail be made only after obtaining necessary permission from

the competent a\Jthority. Moreover, the said land can be used only after

obtaining all necessary approval/permission under any other rules and '

regulations.

(16) In case of any change that may come up in respect of policy for grant of

lease of Government land for wind mills, the same shall be binding up on

the applicant company.

(17} In case of breach of any of the above-mentioned conditions or the leased

land is used for any other purpose, the lease shall be immediately -

terminated for breach of conditions and without any compensation.

(Village: -Village: Sanganara, Tal. Nakhat~ana. Land at S. No. 4 Hect. 1.00.00

aare, 89 Hect. 1.00.00 aare, 75 Hect. 1.00.00 aare, 163 Hect. 2.00.00 aare,

174 Hect. 1.00.00 aare, 194 Hect. 1.00.00 aare)

(Wind mill point No. MDV-601, 178, 31, 96, 439, 260, 568. Total -7 (Seven)

point)

Dispatched on: 24/12/2018.

(SEAL) Sd/-(Remya Mohan)

Sd/- Collector-Kachchh.

Chitnis to the Collector

Bhuj-Kachchh.

Authorised Signatories,

Adani Green Energy (M P ) Ltd.

1Adani House', Near Mithakhali Six Roads,

Navrangpura, Ahmedabad- 380009.

Copy to:-

~ Dy. Collector, Nakhatrana-Kachchh

• ~ Mamlatdc:!'r, Nakhatrana-Kachchh. Original papers of the case are

enclosed. Fpr handing over Sanad in terms of the provisions of the

Government letter dated 12/6/06.

~ DILR, Bhuj-Kachchh

~ Chief Conservator of Forest, Kachchh Forest Circle, Kachchh-Bhuj.

~ Geologist, Department of Geology and Mining, Office of the

CollectorKachchh

~ Taluka Development Officer, Nakhatrana-Kachchh

~ Talati, Sanganara Gram panchayat, Tal. Naklhatrana, Dist:Kachchh

~ Office File.

Copy with complements to;

~ Dy. Secretary, Revenue Department, 'A'Branch, Sachivalay, Gandhinagar.

Office of the Collector and District Magistrate, Kachchh-Bhuj.

JMN-4 Records, Revenue Department, Jilla Seva Sadan, Mandvi Road, Bhuj-.

K~chchh, PIN 370001. \

. ·~,.' Email: [email protected], Tel- 02832-250020/FAX- 02832-250430 .

• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 1

No. JMN-4/Windmill/vashi/2777 /2019 Date: 08/08/2019.

Sub:- Village Sanganara, Tal. Nakhatrana

S.No. 174, 89, 95, 4, 65 land per each 5. No. He.l.OO.OO aare and S. No. 60

paiki land Hect. 3.00.00 aare and S. No. 75 paiki land Hect. 2.00.00 aare,total

land Hect. 10.00.00 aare for wind mill project to be obtained on lease.

Shree Torent Power Ltd., Ahmedabad.

Ref: - (1) Government Revenue Department, Gandhinagar Resolution No.

JMN/3903/UOR/29/A dated 11/6/2004.

(2) Government Revenue Department, Gandhinagar Resolution

No.JMN/3903/UOR/29/A dared 2/12/2004

(3) Government Revenue Department, Gandhinagar Resolution No.

JMN/3903/ /UOR/29/ A dated 20/02/2006

(4) Application dated 13/03/2019 from Shree Torent Power Ltd., Ahmedabad

(5) Letter No. JMN/vashi/581/2019 dated 24/07/2019 from the Dy. Collector,

Nakhatrana.

(6) Letter No. DS0-39/MR No. 3/32/2018-19 dated 18/07/2019 from the DILR,

Bhuj.

(7) Letter No. B/JMN/Te 12/3502-03/19-20 dated 19/07/2019 from Chief

Conservator of Forest, Kachchh Forest Circle, Bhuj

\~T (8) Letter No. CGM/Iease/Te P/Kachchh/Torent Power Ltd. /1127 to 1128/2019-

20/4419 dated 24/07/2019 from Additional Director, (Development), Office of

the Geology and Mining Commissioner, Gandhinagar.

·.(9) This Office letter No. JMN/4/wind mill/vashi/2777 /2018 dated 5/08/2019 \

\ \

(10) Letter No. JMNAvashi/1760/chalan/2019 dated 06/08/2019 from the

Mamlatdar, Nakhatrana

(11) letter dated 07/08/2019 from the Talati cum Mantri, Shree Sanganara

Gram Panchayat, Tal. Nakhatrana-Kachchh.

(12) Letter No. Stamp/lease/wind farm/stamp duty/3777 dated 06/Q8/2019

from the Dy. Collector, Stamp Duty Assessment Administration, Bhuj.

(13) Letter No. JMN/2018/2256/A-1 dated 11/09/2018 from the Government

Revenue Department, Gandhinagar.

-:ORDER:-

Fact of the case is that, a new policy for wind farm project for granting land on

lease has been declared vide the Government Revenue Department resolution.

At Reference No. 1 above. Applicant company Shree Torent Power Ltd.,

Ahmedabad vide Reference- (4) above has applied for land with S. No. 60 Hect.

3.00.00 aare and land at S. No. 75,4 each of Hect.2.00.00 Aare and at S. No.

174, 209, 89, 95, 65 each of land Hect. 1.00.00 total land Hect.12-00-00 Aare of

village Sanganara, Tal. Nakhatrana for wind mill project to be obtained on lease

for a period of 20 years.

With reference to the application of the applicant company, the Mamlatdar,

Nakhatrana vide his letter No. JMN/vashi/1575/2019 dated 24/07/2019 has

prepared official proposal and has forwarded the same with positive

recommendation to the Dy. Collector, Nakhatrana vide Reference- (5). Details

of the same are as under;

Demanded land is a Government waste land, hilly area, wherein the Company

has requested for grant of 20 years lease on land at different locations for the

purpose of erecting wind mills. Demanded land is not amongst the

Government grazing land or for transfer to the Forest Department. Demanded.

l~nd is not amongst the land reserved for any public or other purpose. No \ '' • religious place, conserved monument of faith or temple of any religion or any

such structures are there within the area of the demanded land. There is no l

court case or any dispute in respect of the said land. Roads/rough roads are

there for movement within the demanded land. No electricity or telephone

lines are passing through the demanded land. Small and wild plants like acacia

etc. are found here and there in the demanded land. On the site inspection

report and local map tracings are submitted herewith.

For the purpose and in terms of the provisions of the Government resolution

dated 6/4/2011, the applicant company has informed that they have on

25/02/2019 deposited in the Government account a sum of Rs.32400/- vide

Chalan No. 1528 with the Bhuj branch of State bank of India being the amount

of 1% Service charges for the said land.

Circle Officer, Nakhatrana has carried out an on- site inspection of the land

demanded by the applicant company and as per verification with the

Government records, and in terms of the provisions with Reference No. -(1)

and (2) of Revenue Department, an opinion has been forwarded by the Dy.

Collector, Nakhatrana for land demanded by Shree Torent Power Ltd.,

Ahmedabad at S. No. 174, 89, 96, 4, 65 land per each S. No. Hect.l.OO.OO aare

and at S.No, 60 paiki land Hect. 3.00.00 Aare and at 75 paiki land Hect. 2.00.00

aare while for S. No.209 land Hect. 1.00.00 location No. -DNT-009 is

overlapping with another company, as also land at S.No. 4 Hect. 1.00.00 aare

location No. - DNT 018 is at a distance of 380 meters from the village limits,

negative opinion has been given for these two locations for wind mill project at

Sanganara village of Nakhatrana Taluka.

Vide Reference No.-(6} of D I L R, Bhuj, applicant demanded land at S. No. 60

Hec. 3.00.00, and S. No. 75, 4 each with land Hect. 2.00.00 aare and S. No. 174,

209, 89, 95, 89, 95; 65 each with Hect. 1.00.00 aare, total land Hect. 12.00.00

aare at village Sanganara, Tal. Nakhatrana as shown by the applicant was.

~rveyed in their presence at the cost of the applicant unit and was matched \ .

\ . . with the records ofD ·50 and it was observed that land at S. No.174, 89, 95, 4,

65 each Hect. 1.00.00 apre and S. No. 60 paiki land Hect. 3.00.00 aare and S. no.

75 paiki land Hect.2.00.00 aare making total land Hect. 12.00.00 aare is '

available. Measurement sheet No. M R No. 3/32/2018-19 dated 10/07/2019

for the same has been submitted. Coordinates and Composite maps have also

been submitted whose locations are No. DN 300, DNT 016, DNT 020, DNT 021,

DNT 014, 2098, DNT 017, DNT 013, DNT 012 that is total Ten (10}.

Vide Chief Conservator of Forest Reference No-(7}, against the- total Hec.

12.00.00 land at village Sanganara, Tal. Nakhatrana demanded by the applicant,

opinion has been given for land at S. No. 60 ·Hec.3.00.00, and S. No. 75, 4 each

at Hec.2.00.00, at S. No, 174, 209, 89, 95, 65 each at Hec. 1.00.00 that is total

Hec. 12.00.00. This opinion has been given subject to insulation of electric lines,

to fit bird guards and reflectors on poles and lines and other conditions whose

location No. are DN 300, DNT 019, DNT 016, DNT 020, DNT 021, DNT 014, 2098,

DNT 017, DNT 013, DNT 018, DNT 009 totaling to 12.

Vide Reference No.-(8} of Additional Director (Development}, Office of the

Geology and Mining, Gandhinagar, "No Objection" certificate has been

submitted in respect of demanded land at S. No. 60 Hect 3.00.00 aare, 75, 4

each at Hect.2.00.00 aare, and S.No. 174, 209, 89, 95, 65 each at Hect. 1.00.00

aare total Hec.12.00.00 of village Sanganara, Tal. Nakhatrana for wind mill

point No. DN 300, DNT 019, DNT 016, DNT 020, DNT 021, DNT 014, 2098, DNT

017, DNT 013, DNT 018, DNT 009 totaling to 12.

Thus, considering the above-mentioned opinions, land demanded by the •

applicant company at S. No. 174, 89, 95, 4, 65 each at Hect. 1.00.00 aare, S.N.

1'3o 60 paiki land Hect.3.00.00, and S No. 75 paiki Hect. 2.00.00 aare, total Hect.

10.00.00 aare of village Sanganara, Tal. Nakhatrana for wind mill point No. DN

300, DNT 019, DNT·016, DNT 020, DNT 021, DNT 014, 2098, DNT 017, DNT 013,

DNT 018, DNT 009 totaling to 10 are allottable to the said company.

Vide Reference No-(2) of the Revenue Department -of the Government 1

resolution provisions, rates for the rent for the land for the purpose of wind mill

projects have been inalized. Accordingly, annual rent of 'Rs. 10,000/- per

Hectare has been inalized. Accordingly, rent for Hec. 10.00.00 land allotted to

the applicant unit comes to Rs.100,000/-. Which as per the provisions of the

Government Revenue Department Reference No-(2) falls under the jurisdiction

of the Office. Thus, vide Reference No. -{9) of the Office, the applicant

company is directed to pay amount of annual rent of Rs. 100,000/- and other

taxes to the Mamlatdar, Nakhatrana within a period of 21 days in respect of S.

No. 174, 89, 95, 4, 65 per S. No. Hect. 1.00.00 aare and No. 60 paiki Hect. 00.,00

aare and S. No. 75 paiki Hect.2.00.00 aare totaling to Hect. 10.00.00 for wind

mill point No. DN 300, DNT 019, DNT 016, DNT 020, DNT 021, DNT 014, 2098,

DNT 017, DNT 013, DNT 018, DNT 009 totaling to 10 (Ten)

Accordingly, the Mamlatdar, Nakhatrana vide Reference No - (10) report on

06/08/2019, the applicant company has deposited annual rent of Rs.100,000/

vide Challan No.1969. Also, the Conversion Tax of Rs. 6,00,000/- has been

deposited vide Challan No.1968 on date 06/08/2019. Also, as per the

assessment letter and instructions from the Dy. Collector, Stamp Duty

Assessment, Bhuj difference of 1 % of Service charges amounting to

Rs.2,02,600/- has been deposited vide Challan No.1970 dated 06/08/2019.

Vide Reference No-(11) of Talati cum Mantri, Sanganara Gram Panchayat, Rs.

10,000/- for Non-Agriculture tax vide Receipt No. 12 dated 07/08/2019, Local

Cess amount of Rs.5,000/- vide receipt No. 12 of 07/08/2019 and Education

Cess of Rs.5,000/- vide receipt No. 45 dated 07/08/2019 .have been paid,.

original receipts for the same have been submitted.

Vide Reference N0-(12) of Dy. Collector, Stamp Duty Assessment, Bhuj,

recoverable official stamp duty for the same at Rs.39,200/- has been deposited

.,on 06/08/2019 vide Challan No. 568. Report to this effect and original receipt \

haye been submitted. ~\' ~

Since annual rent amount in terms of the resolution of the Government

Revenue Department dated 2/12/2004 has been paid by the said applicant, as

per provisions of the Government Revenue Department Reference- (1) and (2)

and above-mentioned opinions, Order is hereby issued to "Shree Torent Power

Ltd." Ahmedabad for grant of lease for the period of 20 years in respect of land

at S. No. 174, 89, 95, 4, 65 per each S. No. Hect. 1.00.00 aare, and S No. 60 paiki

land Hect. 3.00.00 aare, 75 paiki Hect. 2.00.00 aare totaling to Hect. 10.00.00

aare of village Sanganara, Tal. Nakhatrana with wind mill point DN 300, DNT

019, DNT 016, DNT 020, DNT 021, DNT 014, 2098, DNT 017, DNT 013, DNT 012

totaling to 10 (Ten) for the purpose of 10 wind mills subject to opinions and

conditions laid down by the respective Departments of the Government and as

laid down hereunder;

Conditions:-

(1) Tenure of the lease shall be 20 years.

(2) Annual rent of Rs. 10000/- per Hectare as fixed by the Government vide

resolution dated 2/12/2004 shall have to be paid regularly. Non

agriculture taxes and other taxes on land shall also have to be paid

regularly. Rent shall have to be paid by the sub lease client. Any

alterations made by the Government in future in respect of the rent

amount shall be binding up on the Company. Proof of payment made in

respect of the ii!bove amounts shall have to be submitted to us from time

to time.

{3) Since payment of annual rent and other taxes are related with the

financial concern of the Government, your failure to produce such proof

shall attract legal proceedings against you.

(4) As per Reference - (1) and (2) of the Revenue Department, one-hectare

land is considered as standard unit for 1 wind mill. On allocation of the

land as per the said norms, at the time of development of the land

adjoining and surrounding the said land it is to be ensured that Wind.

Velocity is not disturbed. Developer shall be eligible to get Right of way ' .

for keeping/installing WTG and Transmission. However, for transmission

and right of wayf use of private land reserved for grazing, village limits,

cremation ground etc. shall not be allowed.

(5) Land shall have to be used for the purpose for which the same is allotted

within a period of 2 years from the date of this Order. Failure to do so

shall be considered as a breach of condition.

{6) Developer of the wind farm project shall obtain the land on lease and

after its development, can give the same on sub lease to client once only.

After entering in to the agreement for sub lease, endorsement form the

Collector shall have to be obtained within a period of 36 days. This

provision is necessary so that rent can be recovered from the sub lease

holder from time to time. In case of breach of the provision, the lease

shall be terminated and the said land shall be taken over by the

Government without any compensation and free of any charges.

(7) The said land is allotted on lease for a period of 20 years to the applicant

/company "Shree Adani Green Energy (MP) Ltd., Ahmedabad. In the

column 'Possessor' of the village form7 /12 shall be mentioned as

'Government' only, while in 'second charge' column, it shall be noted as

"Sanctioned to Shree Torrent Power Ltd. Ahmedabad on lease for 20

years". Even after the sub lease, name of the party getting sub lease shall

be mentioned in Form 7/12 only in above details.

(8) For constructing roads, laying of electric lines from the private land,

further steps may be taken after obtaining consent from the concerned .

unit/account holder as also permission from the concerned Departments

by following the rules and regulations.

(9) Activities in the land demanded shall be undertaken after maintaining a

distance of 50 meters from the existing local forest area. In case of any

legal requirement in the matter, permission from· the competent•

authority shall have to be obtained.

(10} Forest area should not be used at the time of digging or for transporting

material. Care should also be taken to ensure that no wild life is

damaged/disturbed.

{11} In case existing trees are to be cut in the demanded land, official.

permission from the competent authority shall have to be obtained . .

before using the' same and trees shall have to be planted in nearby area.

{12} No activity shoulp be undertaken which obstructs any natural water flow

towards or from the demanded land.

(13) In case of any blasting etc. in the demanded land area, it should be

ensured that no obstruction in daily routine activities of the wild life is

caused and before such activities, permission from the nearby

concerned Official of Western Kachchh Forest Circle should be obtained.

(14} In case of need for construction of approach road from the main road

for movement in the demanded land and for laying of electric lines and if

the main road is declared as a Protected Forest, prior approval from the

Government of India under the provisions of Conservation of Forest Act-

1980 shall have to be obtained for construction of approach road and

laying of electric lines.

{15} Moreover, in case land for airport/air force/railway/port/sea area/C R Z

area is situated in the area surrounding the sanctioned land area, use of

the land shall be made only after obtaining necessary permission from

the competent authority. Moreover, the said land can be used only after

obtaining all necessary approval/permission under any other rules and

regulations.

{16} In case of any change that may come up in respect of policy for grant of

lease of Government land for wind mills, the same shall be binding up on

the applicant company.

{17} In case of breach of any of the above-mentioned conditions or the .

leased land is used for any other purpose, the lease shall be immediately

terminated for breach of conditions and without any compensation.

Village. Sanganara, Tal. Nakhatrana

Sl. No. IS. No. I Location No. I Area (He.Aare)

1 60 2098 1-00-00

2 174 DN300 1-00-00

3 75 DN012 1-00-00

4 75 DN013 1-00-00

5 89 DN014 1-00-00 ~l· _,

6 95 DN016 1-00-00

7 ,4 DN017 1-00-00

8 60 DN019 1-00-00 '

9 60 DN020 1-00-00

10 65 DN021 1-00-00

TOTAL 10-00-00

Dispatched Date: 13/08/2019 sd/- (Remya Mohan)

Sd/- (M M Kavadia) Collector Kachchh.

Chitnis to the Collector

Kachchh-Bhuj.

To,

Shree Torent Power Ltd.,

At "Samanvay", 600, Tapovan, Ambavadi,

Ahmedabad.

Copy to:-

~ Dy. Collector, Nakhatrana-Kachchh

~ Mamlatdar, Nakhatrana-Kachchh. Original papers of the case are

enclosed. For handing over Sanad in terms of the provisions of the

Govern~ent letter dated 12/6/06.

~ DILR, Bhuj-Kachchh

~ Chief Conservator of Forest, Kachchh Forest Circle, Kachchh-Bhuj.

~ Geologist, Department of Geology and Mining, Office of the

CollectorKachchh

~ Taluka Development Officer, Nakhatrana-Kachchh.

~ Talati, Sanganara Gram panchayat, Tal. Naklhatrana, Dist:Kachchh

~ Office File.

',·

Copy with complements to;

Dy. Secretary, Revenue Department, 'A' Branch, Sachivalay, Gandhinagar.

-~ TRUE AND TRANSLATED COPY/-

ANNEXURE A-6

Office of Mamlatdar

Taluka Seva Sadan, Taluka Nakhatrana, Nakhatrana Kachchh

Phone 0 : 02835 222124; email- [email protected]

JMNNSI515312018 Dated: 21.12.2018

To,

Deputy Collector

Nakhatrana - Kachchh

Sub Sangnara, Taluka Nakhatrana

Regarding allotment of Total 18 hectare government land for

windfarm project, from 1 hectare each from each survey number

163,95,89,65, 109 - and 2 hectare each from survey number 174,

75,4 - and 3 hectare each from survey number 209~. ·60 Shree

Green Infra Wind Energy ltd.

Ref 1. Letter from Collector Kachchh number JMN-41windmiliNSI2079118

dated 5.18.2018

2. Circle office Vithon letter number SOV I VS I 66112018 dated

20.12.2018

In reference to the above subject and cited letters, it is hereby informed, that

Shree Green Infra Wind Energy ltd had requested allotment of total 18 hectare

government land on lease for windfarm project, at Sangnara, Taluka

Nakhatrana 1 - hectare each from each survey number 163,95,89,65, 109 -

and 2 hectare each from survey number 174, 75,4- and 3 hectare each from

survey number 209, 60. In this regard, as per records verified and site

inspection done by Circle Office Vithon, details of the report in ref (2) facts are

as follows.

The requested land is unused, wasteland and has a hilly terrain, wherein the

company has requested allotment of land on lease for 20 years for setting up

various units of windfarm at different locations. The requested land is neither

grassland nor it has been transferred to the Forest Department, however the'

land measurements are required to be verified and opinion of the concerned

Forest department is required to be taken. The requested land is neither a

public land nor has it been reserved for any other use. The requested land is

. not under any court case or any other lawsuit. The requested land does not

~ave any religious place, protected monument, religious monuments or any \ ..

other such structures·:~The requested land has approach roads I kachha road.

There are no telephone lines and I or electricity lines· passing through the )

requested land. There are scattered prosophis julifera (Gando bawal) and

other such similar small wild shrubs on the requested land.

Apart from this company, in this village, other companies (1) Suzlon Gujarat

Windpark Ltd - 11 hectares for erecting windmill has been approved. (2)

Torrent Power Ltd - 4 hectares has been sub-leased and (3) Bajrang

Windpark (Kachchh) Pvt Ltd - 19 hectares has been requested. Verification

regarding duplication of allotment of lands by these companies, along with the

requested land by the applicant needs to be done.

Applicant company has deposited Rs, 27,000.00 in State Bank of India Bhuj

Branch dated 11.10.2018- 0029 in the head of Revenue Tax as surcharge for

the requested land. Copy of the challan is enclosed herewith for reference.

It is hereby opined that the measurements of the requested land be done by

DILR- Bhuj, following which based on the availability, the land may be leased

for 20 years, based on the current provisons I rules of the Government,

subject to recovery of stipulated lease rent from the company, the land may

be allotted for erecting the windmills. In this context, original maps, 7/12 , 8-A,

detailed report (panchnamu), commitment, filled checklist are hereby attached

and submitted for your reference, which is for your information.

Enclosure :

Signature

Mamlatdar Nakhatrana

Original documents page number 1 to ........ .

TRUE COPY/-

I J !

ANNEXURE A-7

Checklist for submission with application from the company

regarding windmill project

\No Details I Particulars Remarks \ 1 Name of Applicant unit Green Infra Wind Energy Ltd

2 Name of Village I Taluka

Sangnara I Nakhatrana )

where land is requested

Survey Location ' Area No

number number Hectare

SANGNARA -1 174 1-oo:.oo

01

SANGNARA -2 174 1-00-00

02

SANGNARA -3 209 1-00-00

03 -

SANGNARA - -

4 163 1-00-00 04

SANGNARA -5 209 1-00-00

05

SANGNARA -6 209 1-00-00

06 3 Survey number Area

SANGNARA -7 194 1-00-00

07

SANGNARA -8 75 1-00-00

08

SANGNARA -9 75 1-00-00

09

SANGNARA -10 89 1-00-00

10

SANGNARA -. 1 1 95 1-00-00

1 1

SANGNARA -12 4 1-00-00

12

SANGNARA -13 4 1-00-00

13



No Details I Particulars

\

\

4

The land from which

internal electric line shall

pass, who will be the land

owner (government I

grassland/private etc)

details of the line passing

from the windmill to

company substation to be

submitted here.

Remarks

14 60

15 65

16 109

17 60

18 60

Total

SANGNARA -

14

SANGNARA -

15

SANGNARA -

16

SANGNARA -

17

SANGNARA -

18

1-00-00

1-00-00

1-00-00

1-00-00

1-00-00

18-00-

00

Area of Private land

Survey used No

owner/govt

number land

hectare

1 174 0-01-40

2 209 0-01-80

3 163 0-00-30

4 89 0-01-20

5 194 0-00-40

6 200 0-00-60

7 208 0-00-50

1n land/grassland

etc

Govt

wasteland

Govt

wasteland

Govt

wasteland

Govt

wasteland

Govt

wasteland

Govt

wasteland

Govt

wasteland

Hitendra

8 204 0-00-30 Purshottam

Patel



No Details I Particulars Remarks

\

\

5

6

9 75

10 95

11 4

12 105

13 109

14 60

15 65

Proof of Alignment of

0-01-40

0-01-30

0-01-10

Govt

wasteland

Govt

wasteland

Govt

wasteland

Dinesh

0-00-50 Lagharam.

0-00-60

0-01-50

0-01-00

Patel

Govt

wasteland

Govt

wasteland

Govt

wasteland

external transmission line Route map of 220 KV line alignment from

(sub station to sub Naranpar Mosuna, where the company

station) I plan approved sub station is located to substation of

by competent authority, PGCIL 76014001220 KV is enclosed.

route map

transmission

showing

line with

color code (in hard I soft

copy should be attached)

Should it be as per the

old substation, there

should be a clear mention

of the same, and if it is

connected with the new

sub station, details shall

be submitted separately

How much government I Tentative route map of single pole I line

grassland shall be used and road is attached.




for single pole I line ?

\ regarding this, 1s the \

proposed plan,,~( of roads

and line) clearly indicating 1

with color code route map

enclosed or not?

If yes, submit and also

submit guarantee

regarding the road.

For privately owned land, Presently, no government traverse land

as per provisions made in has been allotted. No work has been

the GR of Energy and done. However, in future, for road and

Petrochemical electric pole, regarding use of private

Department, Government land, we here by abide to :pay the

of Gujarat dated compensation as per GR of Energy and

14.8.2017, under para 2, Petrochemical Department, Government

point number (1) to (4), of Gujarat dated 14.8.2017, under para 2,

7 for area related to tower, point number (1) to (4), for area related to

roads I lines, right way of tower, roads I lines, right way of corridor,

corridor, crop, fruit I trees crop, fruit I trees etc,

etc, value of

compensation, has the

compensation made or

not ? in this regard, clear

details with proof have to

be submitted.

As per the above GR, has As per above GR, we hereby abide to pay

the value of the compensation as per GR of Energy

compensation -amount, as and Petrochemical Department,

8 per provisions of the Government of Gujarat dated 14.8.2017,

mentioned GR, certified under para 2, point number (1) to (4 ), for

or not by concerned area related to tower, roads I lines, right

sarpanch I talati I way of corridor, crop, fruit I trees etc and

\ '--\ )-




mamlatdar or concerned the same shall be certified by concerned

\ revenue officer, has to be sarpanch I talati I mamlatdar or \

9

10

1 1

12

indicated clearly concerned revenue officer,

Is the requested land at a Requested land is at- a distance of 500 1

distance of 500 mt from meter from gamtal

gamtal or not ? if not ,

then at how much

distance rs the gamtal,

submit details

Is the requested land the requested land is not near any gamtal,

near any gamtal, government office, river, nala, checkdam,

government office, river, over a water flow or near playground or

nala, checkdam, over a near a place reserved for public use

water flow or near

playground or near a

place reserved for public

use or not?

Does the requested land Yes it has been confirmed

have any crematorium or the requested land does not have any

grave yard or any crematorium or

religious place or any grave yard or any religious place or any

archeological place, any archeological

habitat for animals or place, any habitat for animals or birds or

birds or any protected any protected

area or vulture zone area or vulture zone (abdasa-mandvi

(abdasa-mandvi polygon polygon area)

area) environmental or environmental or historic place, it will not

historic place ? has it harm or obstruct the above.

been confirmed that this

wont harm or obstruct the

above

If It is near the village, It is not near a village. It will not harm the

then is there any nearby farmer's land. It is guaranteed that




possibility of harm to the no harm shall be no harm or damage

\ village or to the farmer's shall be done to life-belongings of the \

land near 'tly? Any farner and that there will be no situation of

possibility of harm to the law and order. 1

life-belongings of the

farner? Any effect on the

law and order situation ?

Are there any dues like No debt is pending I not applicable

government debt, land

revenue tax, purchase of

private land, bank debt,

13 penalty for mining, or any

14

15

other debt by the

applicant company, if yes,

provide details of the

same

Due to erection of We abide herewith to submit No objection

external transmission line, certificate from the gram panchayat I

has there been any

objection by

panchayat I

community ? "f . I

the objection

resolved

facilitation by

the

village

so, has

been

through

either

revenue 'I panchayat

department ?

village community as well as from

panchayat I revenue department.

Does the company agree the company agree that it will be sole

that it will · be sole responsibility of the company from

responsibility of the approval of the requested land till the

company from approval of erection of the windmill for commissioning

the requested land till the of windmill

erection of the windmill

Checklist for submission


No Details I Particulars

for commissioning of

\ windmill. \ .

Place:

Date:

with application from the company

Remarks

Authorised Company Authority

sign and seal

M/s Green Infra Wind Energy Ltd

Signed.

·, .. ··

\

\

No BJMNT.12/1874-75/1920

'Office of Chief Conservator of Forest

Kachchh Forest Circle, Bhuj

ANNEXURE A-8

Date 29/05/19

District Collectorate - Bhuj

Inward no: 8894

Date - 30.5.2019

Branch: ......................... ..

To,

District Collector

Revenue Branch

Bhuj- Kachchh

Sub: Regarding opinion to spare land for the purpose of windfarm

project

In reference to the above matter, the applicants enlisted in table herewith have

submitted a chapter to avail an opinion for a windfarm project in Kachchh to

Deputy Conservator of Forest - Kachchh West Forest Division, Bhuj. In this

context, location as referred to in column no 8, conditional opinion in this

regard is submitted herewith:

1. It will be mandatory to provide bird guards and reflectors on electric

poles and electricity lines, with a minimum distance of 2.50 mt to be

maintained between each electricity line. Further, in future, depending

on the circumstances, necessary insulations will be done on these

electricity lines.

2. At the proposed location, work shall be executed, beyond minimum 50

meters from the local existing forest area.

3. It shall be ensured that no forest area shall be used and no wild animals

in this forest area shall be harmed during the excavation works or

transportation of materials.

4. In the proposed area, should there be any cutting of existing tress,

appropriate permissions as per law shall be taken from competent

authorities and tree plantation in nearby area shall be done.

5. No obstructing activities for any natural water source, either going,

towards or coming out of the sanctuary shall be executed

6. Should there be any blasting activity to be executed in the proposed

area, proper care shall be taken to ensure not to disturb the daily 1

lifestyle of the wild animals and prior to executing such activity,

necessary permissions shall be sought from Forest Offi'cer- West.

7. If, an approach road towards the proposed area has to be constructed

from the main road and if electric lines have to be passed ove~, and if

the main road is declared as the protected forest, then as per the

provisions of Forest Act, 1980, prior permission for use of the approach

road and electricity lines shall be taken from the Government of India.

Sr.N Name Taluko Name of S. No. Area Collect~ Name of

0. of the the Hecta or location

applic village re Office of

ant letter opinion

No. given by

this

office

1 2 3 4 5 6 7 8

1 Green Nakhatr Danana Differ 3.00 No.JM Positive

Infra ana ent N/4 opinion

Wind wind has

En erg mill/vas been

y Ltd hi given for

all

locations

2 Green Nakhatr Kotada 2.81 11.00 No.JM For

Infra ana N/4 location

Wind wind in No.

En erg mill/vas KOTAD

y Ltd hi A

JADOD

AR-19

land

bank

forest

area a,

negative

~l· ~ negative

opinion 1

For

' remain in

g 9

locations

positive

opinion

3 Green Nakhatr Sang an Differ 18.00 JMN 8 Positive

Infra ana ara ent wind mil opinion

Wind I vas hi for all

energy 2082 locations

Ltd. dated

05/11/1

8

Signature

Chief Conservator of Forest

Kachchh Forest Circle- Bhuj

Copy to Deputy Conservator of Forest - Kachchh West Forest

Division for their opinion and information

Commissionerate of Geology and Mining

Block no 1 anti 2, 7th floor, Udyog Bhavan

Sector 11, Gandhinagar Gujarat

ANNEXURE A-9

Office of District Collectorate and Magistrate, Bhuj- Kachchh

JMN-4, office Revenue Section, Jilla Seva Sadan, Mandvi Road,

Bhuj Kachchh 370001

Email ; colle\:[email protected] ; Tel 02832- 250020 I fax

02832 250430

JMN-41 windmill/ VS I 2637/2019 · date 5. 7.2019

Sub : Sangnara ; Taluka Nakhatrana

Survey number: 4,65,109,174- land 1.00 hectare from each survey

number, Survey no 60- land 3 hectare, survey no 75- land 2 hectare ;

survey number 209, land 3 hectare, total land - 12 hectare allotment on

lease for windfarm project

(Shri Green Infra Wind Energy Limited, New Delhi)

Ref:

1. Circular number JMNI39031UORI29A date 11.6.2004 of Revenue

Department, Government of Gujarat, Gandhinagar





4. Application dated 12.10.2018 submitted by Shri Green Infra Wind

Energy Limited, New Delhi

5. Letter number JMN I VS 1147 I 2018 dated 3.01.2019 of Deputy

Collector, Nakhatrana

6. Letter number DSO- 39 I MR- 119012018-19 dated 28.3.2019 by

DILR- Bhuj

7. Letter number BIJMN I T.12 11847-75 119-20 dated 29.5.2019 by

Chief Conservator of Forest, Kachchh Forest Circle

8. Letter number CGM I Lease I T.5 I Bajrang Wind Park (Kachchh) Pvt

Ltd I 90, 91, 102, to 105, 2018-19 I 2190 dated 24.5.2018 Additional

Commissioner (development), Commissionerate of Geology and

Mining, Gandhinagar.

9. This office letter number JMN I 4 I windmill I VS 12616 I 2019 dated

27.6.2019

10. Letter number JMN I VS I Sangnara I 06 I 2019 dated 29.6.2019 by

Mamlatdar, ··!(Jakhatrana

11. Letter dated 3.7.2019 from Talati Mantri ·of Sangnara gram 1

panchayat, Taluka Nakhatrana, Kachchh

12. Letter number StampiLeaselwindfarmlstamp duty I 2073 dated

1.07.2019 by Deputy Collector, Stamp Duty Valuation Section, Bhuj

13. Letter number JMN I 2018122561A-1 dated 11.9.2018 of Revenue

Department, Governent of Gujarat, Gandhinagar.

ORDER:

The state of the fact is, that in accordance to Government Circular, of

Revenue Department, Government of Gujarat as in reference (1) , a new

policy for allotment of land on lease for win9farm projects has been declared.

Vide letter in reference (4 ), company Shri Adani Green Energy (MP) Limited

has a submitted an application for allotment of total 18 hectare land in

Sangnara, Taluka Nakhatrana of which, 2 hectares from survey number 174;

3 hectares from survey number 209; 1 hectare each from survey number

163, 194,89,95,65, 1 09; 2 hectares from survey number 75 ; 2 hectares from

survey number 4; 3 hectares from survey number 60; on lease for windfarm

project for 20 years.

In context, to the application submitted by the company, Mamlatdar

Nakhatrana, vide letter number JMNNSI515312018 dated 21.12.2018,

prepared a standard proposal and Deputy Collector, Nakhatrana vide letter in

ref (5) submitted the same to this office, details of which are as follows:

The requested land is unused, wasteland and has a hilly terrain, wherein the

company has requested allotment of land on lease for 20 years for setting up

various units of windfarm at different locations. The requested land is neither

grassland nor it has been transferred to the Forest Department. The requested

land is neither a public land nor has it been reserved for any other use. The

requested land does not have any religious place, protected monument;·

religious monuments or any other such structures. The requested land has

approach roads I kachha road. There are no telephone lines and I or electricity

lines passing through the requested land. There are scattered prosophis

, julifera (Gando bawal) and other such similar small wild shrubs on the.

'r~quested land. Detailed report (panchnamu) of location, status, traced map is \ .

attached herewith for,·~ubmission.

As per the provisions' of GR dated 6.4.2011, it has been informed that 1%

service charge for the requested land, amounting to Rs. 27,000 has been paid

by the applicant unit vide challan number ................. in State Bank of India

on 11.10.2018

For the requested land by the applicant, Circle Officer, Vithon, inspected the

site and following verification of the records, and as per provisions in

Government Circular vide in ref (1) and (2) opinion for allotment of 18 hectares

of Sangnara, Taluka Nakhatrana of which, 2 hectares from survey number

17 4; 3 hectares from survey number 209; 1 hectare each from survey number

163, 194,89,95,65, 1 09; 2 hectares from suryey number 75 ; 2 hectares from

survey number 4; 3 hectares from survey number 60 was submitted to Deputy

Collector Nakhatrana.

As per reference letter in (6), by DILR - Bhuj, the requested land by the

applicant unit - 18 hectares of Sangnara, Taluka Nakhatrana of which, 2

hectares from survey number 174; 3 hectares from survey number 209; 1

hectare each from survey number 163, 194,89,95,65, 1 09; 2 hectares from

survey number 75 ; 2 hectares from survey number 4; 3 hectares from survey

number 60 was surveyed and measured in presence of the representative of

the applicant, at the expenditure of the applicant, as shown by the

representative of-the applicant. On comparing the same with DSO records,

total 17 hectares of Sangnara, Taluka Nakhatrana of which, 2 hectares from

survey number 174; 2 hectares from survey number 209; 1 hectare each from

survey number 163, 194,89,95,65, 1 09; 2 hectares from survey number 75 ; 2

hectares from survey number 4; 3 hectares from survey number 60 was

available. Measurement Record (MR) sheet number MR num 1 I 90 I 2018-19

dated 2.3.2019 has been submitted. Coordinates and composite maps have

also been submitted, location of which are SANGNARA

01 ,02,03,04,06,07,09 to 19 total is 17.

I ij il 'I

J

l I

\5\

Chief Conservator of Forest, Kachchh Forest Circle has submitted his opinion

vide letter (7) in vie'w of the requested land of 18 hectares by the applicant unit

, comprising of 18 hectares of Sangnara, Taluka Nakhatrana of which, 2.

'hectares from survey number 174; 3 hectares from survey number 209; 1 \

hectare each from sfJrvey number 163, 194,89,95,65,1 09; 2 hectares from

survey number 75 ; 2 hectares from survey number 4; 3·hectares from survey )

number 60. In regards to the approval of allotment of the requested land, the

opinion recommending precondition of insulating the electric tines, providing of

bird gaurds and refelectors and other related conditions, the location numbers

01 to 07, 09 to 19, total being hectare 18 (eighteen)

Additional Commissioner, (Development), Commissionerate of Geology and

Mining vide letter in ref (8), has submitted an NOC for windfarm point

numbers 01 to 07, 09 to 19, total hectare 18 (eighteen) from the requested

land by the applicant of Sangnara, Taluka Nakhatrana of which, 2 hectares

from survey number 174; 3 hectares from survey number 209; 1 heCtare each

from survey number 163,194,89,95,65, 1 09; _2 hectares from survey number 75

; 2 hectares from survey number 4; 3 hectares from survey number 60.

Hence, in view of the application submitted by applicant on 4.6.2019, against

the request Sangnara Taluka, Nakhatrana, from survey number 465, 109, 174,

1 hectare each, survey number 60- 3 hectare, survey number 75- 2 hectare,

209- 3 hectare, total hectare 12 land, for windmill point number SANGNARA

- 01,03,05,06,09,1 0,14,15,16,17, 18,19 (total 12) is eligible for allotment.

As per the provisions of Government Resolution of Department of Revenue,

Government of Gujarat in ref (2), rate of lease rent for requested land for

windfarm project has been stipulated, according to which a rate of Rs.

10,000.00 per hectare per year has been finalised. In this regard, the annual

lease rent for the requested land by the applicant unit shall be Rs.

1,20,000.00. As per· provisions of Government Resolution of Department of

Revenue, Government of Gujarat in ref (2), it is within the jurisdiction of this

office. By vide letter in ref (9) of this office, it has been informed that lease

rent, for eligible land against requested land by the applicant company -

Sangnara Taluka, Nakhatrana, from survey number 465, 109, 174, 1 hectare

each, survey number 60- 3 hectare, survey number 75 - 2 -hectare, 209- 3'

·:: ·'

\~v

hectare, total hectare 12 land, for windmill point number SANGNARA -

01,03,05,06,09,10,14,15,16,17,18,19 (total 12), amounting to annual payment

of Rs. 1,20,0000.00 + other taxes shall be deposited within 21 days to

, Mamlatdar, Nakhatrana. \ .\

\ .

In this context, as ·pef report by Mamlatdar Nakhatrana in ref (1 0), applicant

company has deposited annual lease rent of Rs. 1,20,000.00 by challan 1

number 1808, dated 29.6.2019. An amount of Rs. 7,20,000.00 as conversion

tax has been deposited by challan number 1807, dated 2~.6.2019. Deputy

Collector, Stamp Duty Valuation, has informed deposit of difference amount of

1% service charge amount to Rs.3,96,300.00 by challan number 1811, dated

29.6.2019, original challan is submitted herewith.

As per letter by Talati cum Mantri Sangnara Gram panchayat in ref (11 ),

amount of Rs. 12,000.00 for non agricultural land, receipt number 10 dated,

3. 7.19, local cess of amount Rs. 6,000.00 dated 3. 7.19 and education cess

Rs. 6,000.00 receipt number 44 dated 3.7019 has been deposited, original

receipts of the same are submitted.

As per letter in ref (12) by Deputy Collector - Stamp duty valuation, Bhuj, a

report of amount of Rs. 47,040, vide challan number 325 dated 29.6.2019,

deposited as mandatory stamp duty along with the copy of the challan is

submitted herewith.

Hence, as payment of annual lease rent has been made in accordance to the

Government Resolution, 2012 of Revenue Department, Government of

Gujarat, as per provisions made in the Government Resolution of Revenue

Department, Government of Gujarat in ref (1) and (2), in view of the above

opinion, Sangnara Taluka, Nakhatrana, from survey number 465, 109, 174, 1

hectare each, survey number 60 - 3 hectare, survey number 75 - 2 hectare,

209 - 3 hectare, total hectare 12 land, for windmill point number SANGNARA

- 01,03,05,06,09,10,·14,15,16,17,18,19 (total 12) for the purpose of windmill,

and in accordance to the conditions of all the concerned departments as

mentioned above and in accordance to the conditions given below, Shri Green

Infra Wind Energy Ltd, New Delhi is hereby sanctioned for allotment on lease

for 20 years.

\s---3 Conditions :

1. The land is leased for 20 years.

2. Payment of Rs. 10,000.00 per hectare per year as per provision 1n

Government· R~olution dated 2.12.2004 shall be regularly paid. Cess

for non agricultural land and other taxes shall be regularly paid. This 1

payment shall be made by the developer company OR sub leased

client. In future, the company shall be bound to pay· any revisions in

annual rent rate as mandated by the Government. The company shall

have to submit proof of payments made in this regard to this office from

time to time.

3. As the Government has a financial stake in annual lease rent and

related taxes, legal action will be taken in case of non submission of

proofs.

4. As per the GR of Revenue Departmet:lt, Government of Gujarat in ref (1)

and (2) 1 hectare land for one windmill has been standardized.

Considering this, while developing the land, adjoining the allotted land,

it shall definitely be ensured that there will not be any disturbance to

wind velocity. Developer shall be eligible for the right of way in

commissioning WTG and transmission line. However, for right of way

and transmission, if there is a need for more usage, private land,

grassland, village land, crematorium any other land having public use

shall not be used for the same.

5. From the date of possession of land allotted by this order, the land shall

be utilized for the purpose it has been allotted within two years. In case

of unsuccessful use of land by the company, within the time limit, it will

be considered as breach of condition.

6. Windfarm project developer shall be able to take the land on lease and

after its development, it shall be able to sub-lease to the client only

once. Endorsement of the sub-lease contract shall be done in presence

of Collector within 30 days. This provision is necessary so that the

collection of lease rent from sub leased holder can be made from time·

to time. Lease shall be terminated if this provision is not fulfilled and the

land shall be taken back without compensation and free of any dues.

7. The requested land has been allotted on lease to the applicant I New ,

Green Infra Wind Energy ltd for 20 years on lease. In 7/12 format for

land of village, GOvernment shall be shown as the land holder, whereas

in the coloum of second rights it shall be shown as- "Approved on lease 1

for 20 (twenty) years to Green Infra Wind Engery Ltd, New Delhi". Even

after sub-leased, as per the above details, in 7/12 name of the sub

leased party, shall be shown only in the colum of second rights

8. For construction of roads and erecting electrical lines in private lands,

necessary approval and permissions shall be taken from the concerned

unit and owner of the land, along with necessary approval and

permissions from concerned departments, procedure as per law shall

be done.

9. A distance of 50 meters or more shall be maintained from the exisiting

local forest area for the requested l~nd and necessary persmissions

from concerned compentent authorities shall be taken.

10. It shall be ensured that no forest area shall be used and no wild animals

in this forest area shall be harmed during the excavation works or

transportation of materials.

11. In the proposed area, should there be any cutting of existing tress, work

shall commence only after appropriate permissions as per law shall be

taken from competent authorities and tree plantation in nearby area

shall be done.

12. No obstructing activities for any natural water source, either going

towards or coming out of the sanctuary shall be executed

13. In the proposed area, Should there be any blasting activity to be

executed in the proposed area, proper care shall be taken to ensure not

to disturb the daily lifestyle of the wild animals and prior to executing

such activity, necessary permissions shall be sought from Forest Officer

-West.

14. If, an approach road towards the proposed area has to be constructed

from the main road and if electric lines have to be passed over, and if

the main road is declared as the protected forest, then as per the

provisions of Forest Act, 1980, prior permission for use of the approach

road and electriefty lines shall be taken from the Government of India.

15. Adjoining the allotted land by this order, should there be any land, of

airport, airforce, railway, port, coastal area I CRZ, then the use of the

allotted land shall be done only after necessary permissions are taken

from the competent authority of the concerned department. Moreover,

any other approvals I permissions pertaining to law or rules, which are

required by mandate, then the use of the allotted land shall be done

only after availing these permissions/approvals from the competent

authority of the concerned department.

16. The applicant company shall be bound to abide by_ any new

Government policy for land lease for windfarm projects.

17. Should there be breach in any of the above conditions or should the

lease land be used for any purpose other than for which it was allotted,

then the land lease shall be immediately terminated for breach in

condition without any kind of compensation.

Sangnara- Taluka Nakhatrana

Survey Area in No Location number

number - hectare

1 4 SANGANARA14 1.00.00

2 60 SANGANARA15 1.00.00

3 60 SANGANARA18 1.00.00

4 60 SANGANARA19 1.00.00

5 65 SANGANARA16 1.00.00

6 75 SANGANARA 09 1.00.00

7 75 SANGANARA10 1.00.00

8 109 SANGANARA17 1.00.00

9 174 SANGANARA 01 1.00.00 -- --

10 209 SANGANARA 03 1.00.00

1 1 209

12 209

TOTAL

Dispatch Date 11.7.2019 l

SANGANARA 05

SANGANARA 06

1.00.00

1.00.00

12.00.00

Signed

(Ramya Mohan)

Signed M.M. Kavadiya (chitnis to collector) Collector Kachchh

0/C 11/7

To,

Authorised Signaturee : Green Infra Wind Energy Ltd, New Delhi. Door

number 515, Tolstoy house, Tolstoy marg, New Delhi 110001

CC:

1. Deputy Collector, Nakhatrana Kachch.h

2. Mamlatdar, Nakhatrana Kachchh .. original documents attached

herewith. As per provisions in the letter of Government dated 12.6.2006,

for return of charter

3. DILR- Bhuj

4. Chief Conservator of Forest, Kachchh Forest Circle, Bhuj Kachchh

5. Geologist, Department of Geology and Mining, Collectorate Kachchh

6. Taluka Development Officer, Nakhatrana Kachchh

7. Talati, Gram Panchayat Sangnara, Taluka Nakhatrana, District Kachchh

8. Office File

Copy to

Deputy Secretary, Revenue Department, "A" Section - Sachivalay,

Gandhi nagar.·

' ---rc:-r True Copy/-

I ! l i !

\~t A rJ 0f:J(U j£_[; p-/6

Sanganara Gram Panchayat

lai.Nakhatrana-Kachchh.

Ref: (1) Date:

To,

Dy. Collector,

NakhatranaPrant Office,

N a kh atran a-l<ach chh.

Sub: Objection against Orders of Collector for 7 wind mills to Ad ani Green

Energy (MP) Ltd., Ahmedabad at survey No.4, 89, 75, 174, 194 and 163 at

village Sanganara.

Sub: With reference to Collector-l<achchh order No. J MN-

4/windmill/vashi/1168/2018 dated 20/12/2018.

Respectful Regards.

We, the villagers of Sanganara request you that we have strong objections to

erection of wind mills because Collector, l<achchh has given permission to

Ad ani Green Energy Company for erecting 7 wind mills at Survey Nos. 4, 89, 75,

174, 194, 163, but villagers have not been taken in to confidence in respect of

the same. Also, while deciding the points for wind mills, no Panchanama were

made in presence of Circle Officer and Talati. Erection work for wind mills have

commenced by uprooting and destroying so many trees. We strongly object to

this.

We, the villagers shall have to face lot of difficulties on account of erection of

these wind mills ;:rnd chances of damage to men and material in future are also

possible. Moreover, locations at which these wind mills are proposed to be

erected, there are privately owned irrigated land. They do not listen to such

owners nor they have obtained their permission from them.

Therefore, we h<we strong objections against erection of 7 wind mills at 7

points in survev 1\lo. 4, 89, 75, 174, 194 and 163. We request you to please

_reconsider the abovementioned order of the Collector to grant permission for

\vind mills at some other location away from the public and least inconvenient \

to )gublic instead of at S~nganara. Please accept our objections. • .,,. J

A Gram sabha meeting was convened today i.e 25/07 /2019_at 10.30 AM and a

decision was taken not to erect wind mills in the area and no Company should

be allowed to erect poles and wind mills and construct roads etc. in the

outskirts of Sanganara. Signatures of persons who attended the'Gram sabha

are as under.

Signatures of 46 villagers.

Copy To;

District Collector, Bhuj.

Revenue Department,

Sachivalay, Gandhinagar.

Sd/ Manjulaben,

Sarpanch,

Shree Sanganara Gram Panchayat,

Tal. Nakhatrana_Kachchh

Up sarpanch,

Umra Pala Jepar,

Sd/ L K Rabari, Rabari Rama Soma.

)·!,-4

~\AlA CCX' ~~.'l' e fJ /l!

Sanganara Gram Panchayat _,.~

Tai.Nakhatrana-Kachchh.

Ref: Date: 13/8/2019.

To,

The Collector,

Kachchh-Bhuj.

Sub: Convening a meeting and necessary action today.

Respected Sir,

\/Ve have to inform you that a General meetir-~g of villagers of Sanganara village

was convened today. Important matter discussed therein are as under for your

information;

During the course of meeting of villagers of Sanganara, at night contractors

who have been given contract for erection of wind mills came and told us that,

we have been given contract for erecting wind mills in the outskirts of village

Sanganara . We have to erect 20 wind mills in your area. On our asking them as

to which company's and at which particular locations these are to be

erected,they did not reply. We asked them to produce relevant orders and

letters to enable us to present the same and to this they were excited and told

us that they are not supposed to answer to our questions and you may not do

anything. Do not obstruct erection of wind mills or its poles and do not involve

in lodging protest against us and we have orderfrom the Collector. In case we

interfere, there may be firing by the Police. Police belongs to them and told us

to proceed accordingly.They openly threatened us and that is why this

application to you.

Outskirts of Sangana.ra has thick forest of local and important trees/plants

which includes gugal, Ker, Deshi babool, Neem etc. all these shall be destroyed.

If the Panchayat is informed about exact location of wind mills, we can make

· .. you aware of the true and factual local position- Outskirts have fenced yards \ f~r keeping cattle of cattle breeders and for safe keeping of cattle and

\ . agriculture implement~ of farmers. If these are destroyed, there may be

problem as to where to keep these cattle and we have les~er grazing area in

comparison to number,of cattle in the village. Hence cattle graze in the

Government waste land and these lands are fertile and fecund. Large number

of cattle and birds stay here and in future this land can be used for agricultural

purpose in future.Forest can be developed in this land and environment can be

protected. It is our demand and request that in this rich land, environment

friendly schemes should be implemented. These wind mills shall destroythe

same and cause permanent damage to environment. We request you to please

keep this in mind before taking any decision in the matter.

Moreover, it is our request that, below mentioned information may please be

provided to us.

(1) Which companies are erecting wind mills in the outskirts of Sanganara.

(2) At which locations of Sanganara are th-ese wind mills to be erected. Their

location points.

(3) Locations at which these wind mills are to be erected, please provide us

details of route through which the implements and other items are to be

transported to such points.

On receipt of the above mentioned information , we shall be able to draw

your attention and till receipt of the proper reply and explanations and copy

about the above information, please issue orders that the company should

not proceed a head in its illegal activities.

Sd/ Manjulaben,

Sarpanch,

Shree sanganara Gram panchayat,

Tal. Nakhatrana-Kachchh.

9/8/2019.

Sd/ Umra Pala Jepar,

Up Sarpanch.

Copy to;

(1) Chief Minister-Gujarat State

(2) Dy. Chief Minister-Gujarat Government

(3) Revenue Minister-Gujarat Government

(4) MP- Kachchh constituency

(5) MLA- Abadasa constituency.

-re_, lij

l b '

San·g,anara Gram Panchayat

Ta I. Na khatra na-Kachch h. ,

Ref: Date: 16/8/19.

To,

Mamlatdar,

Nakhatrana.

Sub: To preserve environment and trees.

We have to state that, at village Sanganara, erection work for wind mills is in

progress. While digging foundation, many local trees and protected trees are

being uprooted and destroyed. In Labour Tabl~, these trees are shown as wild

babool and wrong Panchnama has been made. Even at present, there are

various local important and protected trees .

We request you to please visit the site and carry out process for Panch nama.

This is demand of villagers.

Sd/ Manjulaben,

Sarpanch,



Memorandum

Villagers of Village: Sanganara, Tai.Nakhatrana.

Date: 16/08/2019.

To,

Dy. Collector,

Nakhatrana-Kachch h.

Sub: Submission of memorandum by villagers against traverse land allotted on

lease for wind farm project at village Sanganara, Tal. Nakhatrana.

With reference to the above subject we have to state that, Government

traverse land at village Sanganara, Tal. Nakhatrana was allotted on lease to

Shree Green Infra Wind Energy Ltd., New Delhi vide Collector Kachchh- Bhuj

order No. JMN-4/windmill/vashi/2637 /2019 dated 05/07/2019.

The company has undertaken work for constructing roads in the outskirts of

the village for erection of wind mills. A large number of important trees/plants

are there in the said area of our village.Company has destroyed many trees

etc. for constructing roads and has damaged environment to a great extent.

There are number of important local tress/plants in the outskirts of our village.

These trees are very old. For constructing roads for wind mill, these trees are

being uprooted by the company. This causes large scale damage to local

important trees for constructing roads. We had informed representatives of

the said companv about the same but they gave rude reply that you may do

your worst in a threatening tone.

Since large scale damage is being caused to the environment of the area, we,

villagers strongly demand that a case against the company be filed under the

destructionof trees act and punitive action be taken against the company. In

addition, we also demand that a Panch nama be undertaken by the

Administration.

At present also the company is engaged in constructing roads etc. by cutting

'. local trees. We strongly represent that work for construction of roads by the

\ompany be immediately stopped to stop damage to environment. \

Moreover, in case the'~Administration fails to do needful in the matter, we,

villagers shall resort to Dharana as also agitation, for which entire

responsibility shall be of the Administration.

Thus, we request you to initiate necessary action in respect of. the above

representation of villagers.

Villagers.

Signatures of 22 villagers.


. Tai.Nakhatrana-Kachchh . .. Ref: Date:16/8/2019.

To,

Range Forester,

Nakhatrana.

We have to state that, erection work of wind mill at village Sanganara is under

progress. While carrying out digging work for foundation, many important and

protected trees are being uprooted and destroyed. At the time of seeking

permission and during Panch nama process, these trees were shown-as wild

babool while at present there are important local and protected trees.

We request you to please protect the forest·area and a fresh Panchnama be

carried out.

Sd/ Manjulaben,

Sarpanch, Shree sanganara Gram panchayat,


16/8/2019.

P.S,

My wife is Sarpa~ch of village Sangnara and I am holding the post of Up

Sarpanch. Village Sanganara is a village where farming is the main occupation

and many cattle breeders arec staying here. Farmerof village Sanganara has

been awarded for Organic farming. This protest is lodged in interest of the

entire population. Apministration is aware of damage to be caused by the wind

mills. In spite of he same, natural resources of Kachchh are being destroyed

and age -old trees of importance are uprooted and destroyed. Due to recent

rains, the entire area has become green and many medicinal plants have

., flourished. Trees of Gugal (kind of fragrant gum) which was sold at Rs.800/- per ,

\&.is being destroyed. This reflects waywardness of Forest department, not the

ru)es and regulations.,,\lillagers of Sanganara are strongly protesting against 19

wind mills. With the carelessness of the Administration and under its

connivance this activiti~s are carried out and aware villagers, farmers and

cattle breeders of Sanganara are fed up with the same and ultimately, the

Sarpanch covened a Gram sabha and visited the site and got work suspended.

It was observed there that on several machines operating in the area the

number plates were missing.

With the good rains recently, Kachchh has turned in to mini Kashmir and cattle

of cattle breede1'S are happy. Villagers are feeling helpless because of

erectionof wind mills and electric poles and heavy voltage. Villagers are trying

to wake up Administration through social media.


. Tai.Nakhatrana-Kachchh. ~~· ~

Ref: Date: 17/8/2019.

To, Police Sub Inspector,

Nakhatrana Police Staton, Nakhatrana.

Sub: Regarding maintenance of law and order situation and stoppage of work

related with wind mills at village Sanganara due to intimidation, destruction of

trees by the company having private wind mills in the outskirts of Sanganara

Gram Panchayat .

Regards.

With reference to the above subject matter .. we have to state that, we,

villagers of Sanganara lodge protest against erection of wind mills in the

outskirts of our village. Cattle of nearby villages of Beru, Mosuna, Naranpar,

Ram par etc. come to our village for grazing. Before erection of wind mills, this

company is constructing roadsand for the same it is cutting large number of

locally important trees and also damages natural resources.

Today morning all the villagers went to SimensGamesha Company and the

company was closed and consequently contractor carrying out road

construction work intimidated villagers. Therefore, all the villagers

unanimously decided that no wind mill, electric poles, electric line be erected

in our village area. However, in case such activities like wind mill erection or

construction of roads etc. are undertaken with the collusion of anti -social

elements or Police and without permission from the Gram Panchayat and if the

law and order sit_uation worsens, Administration and local Police shall be fully

responsible for the same.

Manjulaben,

Sarpanch,

Sanganara Gram Panchayat, Tal. Nakhatrana-Kachchh.

Num. JMN/ sangnar·af tree cutting/ 2019 1

Office of Mamlatdar,

Nakhatrana - Kutch

Date: 20/08/20 19

Show Cause Notice:

This is to inform you with the notice that with the order of Collector Bhuj- Kutch, order number: JMN -4/ windmill/ vsi/ 2637/19 dated 5/07/2019, total 12 hactor of land from government land with survey number 4, 65, 109, 174, 60, and 75 was approved on lease for the wind.farm project. As per the condition number 11 of approval order, only after permission from the authorized officer trees can be cut in requested land. You have not fulfilled this condition and started working at approved three locations of Sangnara village for wind farm project by cutting around 150 trees like Kher, Local Babool, Googaletc and damaged the shrubs. So, why action no to be taken under the provisions of Saurahtra Tree Cutting Act 1951? For this, tomorrow on 21/08/2019 at 4.00 pm be present with necessary required proofs. Note that, if failed in doing so, order will be declared in this matter.

Mamlatdar- Nakhtrana

Copy to:

1. To, Authorized signatory, Shree Green Infra. Wind Energy ltd., New Delhi Door no. 51 Ei, Tolstoy House, Tolstoy Marg, New Delhi- 110001

2. To, Range Forest Officer, West Division, Ta. Nakhatrana- Kutch 3. Sarpanch, SannnaraJuth Gram Panchayat 4. Revenue Talati. Nagalpar

Mamlatdar- Nakhtrana

Num: JMN/ Vc/08/2019

Office of Mamlatdar,

Nakhatrana - Kutch

Date: 20/08/2019

Ref:

1. Order of Collector Bhuj- Kutch Number: JMN-4/windmill/ VC/ 2637/19 dated 05/07/2019 2. Application dated 16/08/2019 from Sarpanch, Sangnara Group Gram Panchayat 3. Field report (panchrojkaam) by Revenue Talati, Nagai par dated 19/08/2019

ORDER:

In this mater fact is that Survey number: 4,65, 109,174 - land 1.00 hectare from each survey number. Survey no 60 - land 3 hectare. survey no 75 - land 2 hectare; survey number 209, land 3 hectare, total land - 12 hectare allotment on lease for wind farm project as per the order in Ref: 1 to Shri Green Infra Wrnd Energy Limited, New Delhi.

Shri Green Infra Wind Energy Limited, New Delhi has started their work related to wind farms on these above mentioned approved land.Sarpanch of Sangnara village has submitted application dated 16/08/109 regarding damage to Kher, Local Babool, Googal and protected shrubs. Considering the application, it was directed to conduct a field report to check local situation, a field report was submitted dated 19/07/2019, REF: 3.According to which, at present work is in progress on three locations towards the approach roc:1d to the wind mill and cut down around 150 natural and protected trees like Kher, Local Babool, Googal etc. It seems that there is a possibility of more damages to the shrub in case if work will be started to other approved points of wind farms.

Hence. as per the condition number 11 of approval order, as per law only after permission from the authorized officer, trees can be cut in requested land in different survey numbers of Sangnara village of Ta. Nakhatrana approved to Shre Green Infra Wind Enerqy Ltd, New Delhi. This condition is not fulfilled. So, from here order is passed that till further instruction, activity regarding windmill to be stopped.

Mamlatdar- Nakhatrana

Copy: ,,~

1. To, Authorized signatory, Shree Green Infra. Wind Energy ltd., New Delhi Door no. 515, Tolstoy House, Tolstoy Marg, New Delhi- 110001

2. Revenue Talati, Nagalpar

") . ( ' '

/3--

• ~1· ~

Punch Worlt

Villager Punches:

Sr. No. N a me Age

1 J e par Umar Pala 41 2 p okar Jayantilal so

p arbat t-----· 1-

3 l 0 ncha Babubhai 62 K himji

4 li mbani Valjibhai so L__ M avji

Company Punches :

Sr. No. I Name Age I 1 Bisnoi Vikramjit 3S

Rajendrakumar

2 Solanki Bharat 26 L___ ___________ __ Jayantilal

Occupatiion

Farmer

Farmer

Farmer

Farmer

\-;r \

Dt: 22/08/2019

Place: Sangnara

Time: 5:26 PM

Resident

Sangnara

Sangnara ·•

Sangnara

Sangnara

Occupatii!ln

Job/Service -

Job/Service

We the punches named the above have been present on this location as asked apparently by

revenue talati Nagalpar. And dictating the fact looked what we have seen.

First of all, It v;as Informed by Mamlatdar to the Range Forest Officer to be present any

representative from their side in meeting at Mamlatdar Office during Punching work on dt: 21/08/19 at

4: 00 clock. But, No any representative were present from Range Forest Office.

At the Seam of sangnara there are 10 wind mill points are to come by Green lnfa. Wind Energy

Ltd. In which its found that there is flow of water situated at point no.15. From this point 24m, 36 and

40 metre distance, there are government Fencing. Oistance of 115 metre from point there is Momay

Mata Deri . Besides this grass is is grown for feeding the beast. The voice of Indian National animal

Peacock is heard in arround. Doing the physical count of the trees in the permitted area, there are 430 (

Aritho- 18, Kher- :~42, Desi Gugad- 5, Green Liyad- 1, Kindhod- 82, Desi Bawad- 22,

Khijdo(kandod)- 42 , C':iangiye- 5, Mit hi Bodi- 13 ) and on the way to reach this point there are total

56 ( Kher- 21, Desi Gugad- 1, Vingo- 3, Kind hod -13, desi Bawad- 11, Gangito -1, Harma- 2,

Pindola- 4) And The power line of 11 KV passes through the road.

By investigating the point no. 16 there 3 water flow and grass grown is found and voice of peacock is

listened. Doing the physical count of the trees in the permitted area of that point, there are tota1566

\ \

\ Tre'es ( Kher- 267, Desi Gugad,- 3, Kind hod- 206, Desi Bawad- 24, Khijdo(kandor)- 2, Gangito- 20,

• ~1· .I

Mithi Bordi -17, Vingo -11, Green Liyad -3, Harma -2, Lochka- 2, Pindola- 9) . and on the way to

reach this point there are total 187 ( Kher -86, Harma -1, Kind hod- 52, Gangito- 9, Vingo- 6, desi

Bawad- 21,, Bordi -· 4, Ked -J., Green Liyad- 5, Desi Gugad- 1)

By investigating point no.19 there is 1 water flow found. Doing the physical count of, the trees in the

permitted area of that point, there are total 545 Trees ( Kher- 366, Desi Gugad- 2, Kindhod- 64, Desi

Bawad- 31, Gangati- 23, Mithi Bordi -23, Vingo- 3, Green Liyad -23, Lusko- 2, Pindola -1, Ked- 7

) . and on the way to reach this point there are tota1142 ( Kher -78. Kindhod- 30, Ked -1, Bordi- 9,

desi Bawad- 5 ,Gangito- 9, Ked -1, Vingo- 3, Green Liyad- 5, Limdo -1 ,khenchi -1, )

By investigating point no.18 there is ~ncestry found. And distance from 64m and 74 metre, there are

flock of sheep goat. Doing the physical count of the trees in the permitted area of that point, there are

total 275 Trees ( Kher- S5, Desi Bawad- 17, Kind hod -81, Gangito -27, vingo- 4, green liyad- 40,

Luchko- 27, ked -1, h·ngoriyo -1, Desi gugad- 12, Junglee Bawad- 20). and on the way from point no

18 to pint no.17 There are flow of water and pond near road. Trees coming to way are total 136 ( Kher-

19 ,Desi gugad- 8, Desi Bawad- 17, Kind hod- 79, Gangati- 9, green liyad- 3, Ked- 1)

By investigating point no.17, the point is coming in between flow of pond and there is Ogun -of lake .

Doing the physical count of the trees in the permitted area of that point, there are total 469 Trees( Kher

-166, Desi Gugad- 39, Desi Bawad- 48, Kindhod- 119, Khijdo- 1, Gangat- 59, Mithi Bordi- 9, Green

liyad- 13, Harma- 2, Luchko- 1, Ked- 8, Limdo- 1, Mithi Zad- 2, vingo- 1)

All the above mentioned points, Cattle feed grass is grown and at the point no. 15,16,19 there is voice

of peacock is noticed. Investigation time we spend till evening for this 5 points location. So that we have

planned to investigate remaining points on the date 23/08/19 in which We have read the above details

as per our knowledge, it is true, and we are aware that making a false affidavit is a crime and we have

signed it.

Signature of Punches:

1. Umar pala jepar

2. Pokar Jayantii;JI Parbat

3. Loncha Babubhai Khimji

4. Limbani Valjibhai Mavji

5. Bisnoi Vikramjit Rajendrakumar

6. Solanki Bharat javantilal

Punch Work

Villager Punches: -- ·-

Sr. No. N a me Age

1 Je p ar Umar 41

Pa Ia

2 p 0 kar so Ja y antilal

Pa rbat

3 Lo ncha 62

Ba bubhai

Kh imji

4 Li m bani so Va ljibhai Mavji

Company Punches:

Sr. No. Name Age ----1 Raghuvansi 42

Jogendra

Kamalsinh

2 Bisnoi Vikramjit 3S Rajendrakumar

3 Solanki Bharat 26 Jayantilal

Occupatiion

Farmer

Farmer

Farmer

Farmer

Dt: 22/08/2019

Place: Sangnara

Time: S:26 PM

Resident

Sangnara

Sangnara

Sangnara -

Sangnara

Occupatiion

Job/Service (

Simens Gamesha)

Job/Service ( Simens Gamesha)

Job/Service (

Simens Gamesha)e

We the punc_hes named the above have been present on this location as

asked apparently by revenue talati Nagalpar. And dictating the fact looked what

we have seen.

I

At the Seam of san.gnara there are 10 wind mill points are to come by • ~~· J

Green lnfa. Wind Energy Ltd. The number of trees cut down found at point 18 is

50. The number of trees cut down found at point 17 is 111. In which trees are 1

Kher, Oesi gugad, Oesi Bawad, Kindhod, Khijdo, Gangito, Mithi bordi, Liyar,

Harma etc ..

We have re_ad the above details as per our knowledge, it is true, and we are

aware that making a false affidavit is a crime and we have signed it.


1. Umar pala jepar

2. Pokar Jayantilal Parbat

3. Loncha Babubhai Khimji



6. Solanki Bharat jayantilal

7. Raghuvansi Jogendrasinh Kamalsinh

To,

F. No. 5-2/2017- FC Government of India

\t~ f\Y\11tl>lu oe A--r1-

Ministry of Environment, forests and Climate Change (FC Division)

1

The Principal Secretary/Secretary (Forests), All State/UT Governments.

Indira Paryavaran Bhawan, Aliganj, Jor Bag Road,

New Delhi- 110003.

Dated: 28 1h Mar·ch, 2019

Sub:, Handbook of guidelines for effective and transparent implementation of the provisions of Forest (Conservation) Act, 1980.

Sir, In supersession of all guidelines issued in the past, a handbook of guidelines is issued

for effective and transparent implementation of the provisions of Forest (Conservation) Act, 1980. All the provisions enshrined in these guidelines will be applicable from gth March 2019 onwards. The copy of comprehensive guidelines is available on Ministry's website: www .pari vesh.nic. in.

This issue with the approval of competent authority.

Copy to:

1. Prime Minister's Office, New Delhi.

Yours faithfully,

.\St>c. ·csandeep Sharma)

Assistant Inspector General of Forest (FC)

2. Secretary, Ministry of Mines/Coai/Steei/MoRTH/MoPNG/MHA/MoP/MoTA, Government of India, New Delhi.

3. Principal Chief Conservator of Forests, all State/UT Governments. 4. Nodal Officer (FCA), all State/ UT Governments. 5. All· Regional Offices, Ministry of Environment, Forest and Climate Change

(MoEF&CC), Gol, New Delhi. 6. Joint Secretary in-charge, Impact Assessment Division, MoEF&CC, Go!, New Delhi. 7. All IGF/ DIGF/AIGF in MoEF&CC, Gol, New Delhi. 8. Sr. Director (Technical), NIC, MoEF&CC with a r·equest to place a copy of the

letter on website of this Ministry. 9. PPS to Secretary (EF&CC)/DGF&SS/ADGF(FC)/ADGF(Wildlife), MoEF&CC, New

Delhi. 10. Guard File. ~a~

(SandeepJm'arma) Assistant Inspector General of Forest (FC)

• ~1· ~

Forest {Conservation) Act, 1980

and

Forest Conservation Rules, 2003

{Guidelines & Clarifications)

Chapter-8 Wind Energy

• 8.1 Any proposal for · esh1blishment of wind energy farms/wind mills shall include requirement of forest land inclusive of transmission lines, corridors between successive wind mills, statutory buildings, earthing pits and roads including provision for repose, breast walls, drains, curvature etc. The proposal shall also have full details of alternative explored on nonforest land, benefit cost analysis as per extant guidelines, and other details such as employment generation, economic viability of the project etc.

8.2. Reconnaissance surveys in forest lands for planning establishment of wind energy farms shall not require prior approval under FCA if the surveys do not involve any clearing of forest or cutting of trees and the operations are restricted to clearing of bushes and lopping of tree branches for purpose of sighting. If wind data are not available, erection of one wind mast per 500 ha. of forest land can be permitted on payment of Rs. 1.00 lakh per wind mast. The wind masts will have to be removed within two years.

8.3. General guidelines for establishment of wind mills/farms requiring forest land:

(i) State/Union Territory Governments should decide the ratio of the wind energy vis-a-vis other sources of energy i.e. thermal, nuclear, hyde!, etc. consistent with the national policy in the matter.

(ii) Areas in National Parks and Sanctuaries, Areas of Outstanding Natural Beauty (AONBs), sites of natural heritage, archaeological importance, special ·scientific interests and important landscapes should not be considered for establishment of wind energy farms. Wind energy farms shall be located at a safe distance from such sites.

(iii) The State Government shall take sufficient precaution while considering the location of the wind mills so as not to cause any disturbance to the migratory birds, as the turbine of the wind mills produces a humming sound, which may cause disturbance to the avian habitat.

(iv) The wind mills should be located at a safe distance, normally more than 300 meters from the highways and villages.

(v) A large number of small wind turbines, together with their access paths, constitute higher disturbances to the forest area compared to a small number of large wind turbines. Large size wind turbines up to 4.5 MW capacity are being now utilised in most of the countries which are not only cost effective and but also have low impact area. Therefore, in forest areas wind mills of power generating capacity less than 500 KW shall not be allowed except in the periphery of wind farms having higher capacity turbines, for optimization of production of wind energy, and stand-alone (not requiring transmission grid) off grid wind mills up to I 0 KW.

(vi) Above parameters relating to establishment of wind mills/farms shall be reviewed after 5 years with a, view to promote/facilitate adoption of latest technology at par in the world.

(vii) The forest land will be leased in favour of the developers for a period of thirty years on payment of lease rent of Rs. 30000/- per MW. Within a period of 5 years of Stage-11 approval, the developer shall apply for transfer the lease in the name of investors/power producers, for prim; permission of the Central Government following the procedure for transfer of User Agency.

(viii)CA and NPV will be regulated as per the concerned guidelines.

79

Dt: 23/08/2019

Place: Sangnara

Time: 3:00PM

Punch Work

Villager Punches:

Sr. No. Name Age Occupatiion Resident

1 Jepar Umar Pala 41 Farmer Sangnara

2 Pokar Jayantilal so Farmer Sangnara·

Parbat

3 Loncha Babubhai 62 Farmer Sangnara

Khimji

J 4 Lim bani Valjibhai so Farmer Sangnara

--- Mavji

Company Punches :

j Sr. N

!1 r-z--

t o. Name Age Occupatiion

Bisnoi Vikramjit 3S Job/Servic~

--Rajendrakumar

Solanki Bharat 26 Job/Service Jayantilal

Rathod Bhavanisinh 40 Job/Service Gangasinh

We the punchE·; named the above have been present on this location as asked apparently by

revenue talati Nagalpar for remaining 5 points which were pending for punch work on 22/08/19. And

dictating the fact looked what we have seen.

At the Seam of :;angnara , Wind mill points of Shree Green lnfa Wind Energy Ltd of which to

reach point no.17 from :owshed to that point way there are 44 trees { Kher- 20, Mit hi bordi- 2, Ganda

Bawad- 15, Desi Bawacl -9).

-1

By investigating the point no. 5, Doing the physical count of the trees in the permitted area of that point

, there are total 360 Tre·~s { Kher- 183, Desi Gugad- 19, Kind hod - 4 7, Desi Bawad - 46 , Gangito- 39,

Mithi Bordi- 6, Vingo --2, Desi Liyad -12, Harma -2, Lochka- 2, Ked- 2) . and on the way to reach this

point there are total 30 ::rees.

By investigating point nc,.6, Doing the physical count of the trees in the permitted area of that point.

there are total335 Tree~. { Kher- 160, Desi Bawad- 23, Kindhod -113, Khijdo- 2, Gangito -8, vingo -1,

mithi bordi -13, Luchkc- 2, ·ked- 4, hingoriyo -1, Jeri Bawad- 8). and on the way to reach this point

1: I·

\ \

ther; are total 292 ( Kh•:r -181 ;Desi gugad- 7, Desi Bawad- 8, Kindhod- 54, Gangati- 6, Khijdo- 4, •

Mithi Bordi -16, Ked-· 2, Vingo- 5, Harma- 1, Pindola -1, Zeri bawad- 7)

By investigating point no.17, D,ue to the thick scrub, physical calculation cannot be done, But due to

Punches there are 700 trees (Kher, Desi Bawad, Gugad, mithi bordi , Kindhod ) . to reach to the point

there are 221 trees ( Kher- 109, Gugad- 5, Desi bawad- 24, kindhod- 29, Gangito -15, Mithi bordi-

7, vingo -4, Harma- :~, Pindola -1, Ked- 2, Zeeri Bawadd- 23). And to reach at point no.1 there is

flow of water and tree; are 56 ( Kher -23, Desi bawad- 15, kindhood -1, gangito- 2, ked- 4, Zeri

bawad -11)

From the 12 points permitted to company, among which there is no any planning for 3 points so there is

no investigation for these places. We have read the above details as per our knowledge, it is true, and

we are aware that making a false affidavit is a crime and we have signed it.


1. Umar pal a jep;: r


.3. Loncha Babubhai Khimji

4. Limbani Valjibl-ai Mavji



7. Rathod Bhavanisinh Gangasinh

\~0

• ~1· ,

Punch Work

Villager Punches:

r Name i Age

Jepar Umar 41

Pal a

2 Pokar 50

Jayantilal

Parbat

3 Loncha 62 Babubhai

Khimji

4 Lim bani 50

Valjibhai Mavji

Company Punches : -

Sr. No. Name Age

1 Bisnoi Vikramjit 35

Rajendrakumar

2 Solanki Bharat 26 Jayantilal

3 Rathod 40 Bhavanisinh

Gangasinh -

Occupatiion

Farmer

Farmer

Farmer

Farmer

Dt: 23/08/2019

Place: Sangnara

Time: 3:00PM

Resident

Sangnara

Sangnara

Sangnara

Sangnara

Occupatiion

Job/Service (

Simens Gamesha)

Job/Service (

Simens Gamesha)

Job/Service (

Simens Gamesha)

We the punches named the above have been present on this location as

asked apparently by revenue talati Nagai par. And dictating the fact looked what

we have seen.

j

------------~-----~~

/<f,

At the Seam ofsangnara there are 10 wind mill points are to come by • ~1· ~

Green lnfa. Wind Energy Ltd. The number of trees cut down found at point 5 is 20.

The number of trees cut down found on the way to go at point 6 is 127. The '

number of trees cut down found at point 6 is 100. The number of trees cut down

found on the way to go at point 3 is 24. In which trees are found ·like I< her, Desi

gugad, Desi Bawad , l<indhod, l<hijdo, etc ..

We have read the above details as per our knowledge, it is true, and we are

aware that making a false affidavit is a crime and we have signed it.


1. Umar pala jepar


3. Loncha Babubhai l<himji




7. Rathod Bhavanisinh Gangasinh

Na. Re.Talati/Nagalpa r /Regi./23/2019

To,

Mamlatdar Shree,

Nakhatrana (Kutch)

Revenue Talati,

Nagai par,

Ta: Nakhtrana

Dt: 26/08/2019

Sub: (3overnment trees cut down by Shree Green In fa. Wind Energy

Ltd.

With respect we have to state that, there are 12 points of wind mill of

Green lnfa Wind Energy Ltd - New Delhi at seam land of Sangnara village of

Nakhatrana taluka. Among which the work is carried out at 3 points. The work

done by company in which approx more than 432 trees including Mithi Zari, Kher,

kindhor etc cut down. At this work, the Punch work was done on 22/08/2019 and

23/08/2019. That punchwork was done in presence of village people and people

came from company.

On seeing the place of objectionable areas, by side of the road trees were

cut down, where other trees are buried beneath the soil according to the local

people.

Besides this, From 15 June to 15 October, there is restriction on tree cutting

as per the resolution of Government of Gujarat Van and Environment Department

Secretariat Gandhi nagar dated 20/05/16. The case can be equal to carried out as

saurashtra Tree Cutting Act- 1951. It is up to you to take further actions.

Enclosure:

1. Punch work originally

Revenue Talati

Nagai par

To,

Mamladar

Mamlatdar Office,

Nakhatrana - Kutch

Letter No: C/JMN/3- 4/ 2019-20

Range Forest Office

Extension Range Nakhatrana

Forest Colony, Nakhatrana- Kutch

Dt: 27/08/19

)~3

Sub: Government trees cut down at Village sangnara Ta: Nakhatrana

Reference: Letter no :N/JMN/Sangnara/Tree cutting/08/2019 dt. 23/08/19

Regarding the above subject matter and references, It is commenced that trees

found to be cut bv investigating locally for the·work and making road at permitted

point. And above place is concerned with revenue department. The proceedings

in this regard are subject to the terms of the NOC as provided by the Revenue

Department so that your orders have been violated by this company and without

approval. It is recommended to file the crime in accordance with Article 3 of the

Saurashtra tree intersection Act 1951, without having permissionto cut off the

trees and for cutting the Kher(Gorad), Desi Bawad, l<andhor, gando Bawad etc

trees requires the permission from Equivalent officer.

As the marking bi I to be in the Revenue section, We do not need to set a marking

bill or to estimate the value as there is no plantation or roadside of our forest

department. As being Revenue area, Marking bill or Estimate value need to be

determined by the Talati or Circle officer. We have to give an opinion on whether

Talati has exactly decided the up set on the route of the circle.

Since, No any opinion or advance NOC requested by this company from our side,

The company has arbltrarily cut down the bush, which is subject to crime so that

the opinion is clear to be given No. From this it is bestowed to you.

R.K. Sodha

Range Forest Officer (lncharge)

Nakhatrana Range

Copy To- Deputy Forest Conservation Extension Forest Department Bhuj- Kutch

for the information

Man1latdar Nakhatrana -Court Nakhatrana Kutch

Saurastra'rree Intersection Act Case no. 01/2019

Plaintiff: 1. Sarpanch Shree Sanganra Juth Grampanchayat

Defendant: 1. Gn?en Infra. Wind Energy Ltd. New Delhi

Sub: Concerning penalties in accordance with Article 3 of Saurashtra tree

intersection 1951.

The fact in this case is, written complaint submitted by plaintiff of this case

Sarpanch shree sangnara juth Grampanchayat on 16108119 for sanctioning the

land of sangnara village ta: nakhatrana for the wind mill project to Green Infra.

Wind Energy Ltd New Delhi. Sanctioned land have desi bawad, kher, bordi,

kandhor, gugad etc shrub over itJ The complaint is against Green Infra. Wind

Energy Ltd New Delhi for starting activity related to industry, Trees are cut down

illegally to take a strict action against this crime.

Accordingly, the letter no. Land I Tree intersection I Sanganar I 2019 Date:

20108119 inquired by Revenue Talati Shri, Nagalpar the objectionable land has

been sanctioned to Shri Green Infra Wind Energy Limited New Delhi has been

approved for the Wind Farm project as per the status report submitted on

22108119 and 27/08119. Without any written permission obtained, the company

has cut down the trees like, Bawad. Kher, bordi, Kandhor, gugad etc illegally. This

land is waste land of govermen situated at surrounding of Seam of sangara

village. And as per the Punch work at that place, approx 432 trees are intersected

without prior permission from competent authority. With the range forest officer

nakhatrana's report dated 27108/19 about location status it is found that trees

are intersected forJhe work of making the road and for the point sanctioned to

the company.

By court, Hearing was organised on 21108119 with respect to the application of

plaintiff on the basis o.f the Punch work conducted by revenue talati, Villager of

------ ~~-------

\ \

Nagai par and defendahtpeing present for this matter and applied in return to

conduct the punch work again with presence of representative of company as

prior punch work regardir;1g tree intersection was done without their presence, as

per their demand , the punch nama was carried out on 22108119 with presence of

representatives of company and The next point in the interest of j'ustice was

adjourned. Defendant was presented and heard. He demanded more time as to

present written answer, it was adjourned to 27108119. As per the written answer

presented, We are connected to the company's non-traditional way of generating

electricity. Accordingly, we have received a bid from the government-designated

agency to generate an estimated 550 MW of non-conventional energy.

Accordingly, the company has been received 10 hectares of land in Sanganara

village for a 20-year lease on government bad land dated 05107119 dated No.4 I Windmill I Vas hi I 2637 I2019.Jn this sanctioned land we started our wo_rk related

to wind farm project but as per condition no. 11 if the trees need to be cut in the

demanding area then the permission need to be taken from authorised officer

then it can be used. But, we have disobeyed and not taken any permission . we

have taken action against law. The company is ready to pay the punitive amount

that is being paid this was accepted in written.

In this regards, Letter dated 23108119 of this office from range forest officer

extension nakhatrana the report is presented on 27108119. As per that, It's found

to investigate locally that Trees cut down for the sanctioned point work and

making the road. And because of company has cut down trees without permission

, Range forest officer suggested to file a crime according to article -3 of Saurastra

Tree intersection act -1951

Thus, application of plaintiff, punch work of revenue talati nagalpar, report of

range forest officer .nakhatrana and statements presented apparently by

defendant in Marnlatdar- Court Nakhatrana, defendant -1 has not taken any

permission from authorised officer. For this, It is considered proven that violence

to article -3 of Saurastra Tree intersection act -1951 has been occurred by

authorised officer, Thus, the following is ordered :

\

" Or{:ifr:

Defendant Green Infra Wind Energy Limited New Delhi authorised person made 1

non-traditionally tree trunks and considering the punch work of Revenue Talati

nagalpar and report of Range forest officer as per following information Fine of

minimum 50 rs to maximum 1000 rupees for cutting trees charged as violence to

article -3 of Saurastra Tree intersection act -1951

No. Name of The kind of No. Of The amount Total Offender trees that Trees of fines per Amount of

have been tree Fine

cut

0--- Rat hod Desi Bawad 115 1000 1,15,000/-

:2 San jay Kher 102 1000 1,02,000/-

3 Prbhatbhai Kind hod 65 200 l3',000/-

4 , On behalf Liyadi 47 250 11,750/-

5 of Shree Gangita 30 300 9,000/-6 Green Infra Mithi bordi 35 600 21,000/-7 Wind Desi Gugad 10 1000 10.000/-

8 Energy Ltd Harm a 8 400 3200/-9 Khijdo 20 1000 20,000/-

Total 432 3,04,950/-

The sum of the fine is deposited in the Government "0029" by the Land Revenue

Invoice and a copy of the invoice has been issued by the office of the office here

within 7 days and the wood scrap of trees to deliver at bury yard of sangnara

village .Company has to plant double trees against of cut down trees being in

contact with sangnara gram panchayat. After plantation, The company will be

responsible for the maintenance of water, such as watering and conservation, and

will have to submit progress reports every month.

If parties are unhappy with this judgement then appeal to be done to authorised

officer within 30 days from date of receiving order.

I

An order was issued wit~ my signature as well as an office stamp on 30/08/19


Copy to:

1. To all concerned parties

2. Range Forest Officer, Shri. Y Range- Eclipse

3. Revenue Talati Shri, Nagalpar Tal: Nakhtrana

2 I- Implementation of information and order against the party and take

further action to recover the penalty amount.

Duplicate for the information to:

1. Shri, Collector, Revenue Department, Bhuj- Kutch

2. Shri Deputy Collector, Nakhtrana Kutch

Ref:

To,

Mamlatdar,

Nakhatrana.


ra I. N a khat ran a-Ka c h c h h.

Date: 31/8/2019.

Sub: Possession of grazing area at village Sanganara.

With respect we have to state that, since 1957 Sanganara village was ·

regularized and possession was handed over to the village and the same has

continued till date. However, recently work for wind mill is in progress and

they are planning to construct roads within grazing area. We shall not allow

construction of any road inside the grazing area. They are spoiling the area.

We humbly request you to please save grazing area of the village. A copy of

relevant map is enclosed.

Sd/- Manjulaben,

Sarpanch,

Shree sanganara Gram Panchayat,

Tal: Nakhatrana-Kachchh.

Upsarpanch,

Sd/ Umra Pala Jepar.

)qo

A Yl Yl €_!1--lvY <2. ft -"1_4 (,c,o 1.11 J


To,

Mamlatdar

Star

Kutch

Ta I. Na khatra na-Kachchh.

Village: Sanganara

Ta: Nakhitrana Kutch

03/09/19

Subject: Prevention of tree intersection work by Green lnfa Pvt Ltd. in windmill

project

Telling with Jaybharat that, intersection of sweet trees carried out without

permission while work was going on by Green Wind Info Pvt Ltd in Sangnara

village. which work was stopped by you on 20/08/19 and started the work on

02/09/19 as per your order but our order was issued on condition that you do not

intersect the existing trees. Again, 95 trees have been cut down where police

personnel and responsible persons of the company have been found present.

Sd/· Umra Pala Jepar

Sd/- (Manjulaben)

Sarpanch,

SanganaraGrm Panchayat,


Sanganara Gram Panchayat ~1· ~

Ta I. Na khatra na-Kachch h.

Ref: Date: 5/9/2019

To, The Collector, Office of the Collector,

Bhuj-Kachchh.

Sub: Regarding immediate disposal and doing needful in respect of our

earlier application dated 27/8/2019 handed over to you.

With respect we have to state that, we have submitted an application to

you on 27/8/2019, period of ten days has elapsed since then but we have

not heard anything from you in the matter till date. We once again Jequest

you to please look in to our below mentioned demands;

(1) To dispose off our application dated 27/.9/2019.

(2) Item No.11 of the Order No. JMN-4/windmill/vashi/2637 /2019 has been

totally violated.

(3) Since conditions of the said Order have been violated, request

cancellation of the said order.

Considering the above matter this is our we humble request. Earlier, we had

submitted to you an order of Mamlatdar in which there is prima facie

violation of your order and hence breach of conditions and you have the

authority to automatically cancel the order. We request you to please

cancel order No. JMN-4/windmill/vashi/2637 /2019.

Upsarpanch

Sd/- Umra Pala Jepar sd/- Manjulaben

Sarpanch,


Tal: Nakhatrana-Kachchh

7/9/2019.

To,

· ·- , ......- nm•:ndr"ffl!Mrnmt -

Applicants/Objectors.

Villagers of Sanganc1ra.

Date: 7/9/2019.

The Mamlatdar,

Office of the Mamlatdar, Nakhatrana,


Sub: Regarding permission to cut trees on the Government waste land at.

village Sanganara.

Ref: Application dated 29/8/2019 from Shree Green Infra Wind Energy Ltd.

Respected Sir,

We, the villagers and Objectors of village Sangnara have to submit as under;

(1) Above mentioned Company has sought permission from you to_ cut trees

grown up ~.ince years in Sanganara seem area for erecting wind mills. We

have strong objection for the same because as per the prevalent rules of

the Government, there is a prohibition to cut green trees and th'2

Government encourages preservation and plantation of new

trees/plants. It gives advertisement in social and print media for

plantation of new trees. It also gives financial help for preservation and

plantation of trees at public places. Tree plantation is undertaken by

elected members of the Government at different places such as

Mamlatdar Office, Dy. Collector Office, Schools, Courts of Law etc. In

terms of resolution dated 20/5/16 of the Forest and Environment Deptt,

Sachivalay, Gandhinagar, tree cutting is banned between 15th June to

151h OctobN, the relevant order is with you. In spite of the same, the

abovementioned Company has unilaterally and arbitrarily commenced

work related with erection of wind mills in the said area.

(2) Moreover, the Company in disregard to the lawis carrying out the said

activities as the Company has violated condition No.ll of the Order

passed under letter No. JMN/vashi/2637 /2019 dated 5/7/2019 and has

illegally destroyed/cut important/protected trees at village Sanganara

which "numbers to 432". No permission has been sought to cut these

trees/plants and condition No. 11 has been openly violated.As per

condition l\lo.1·7 of the said order, it is on record that any violationof the

Orders of the Collector shall be construed as "breach of conditions and

the lease shall be terminated". Accordingly, the lease of the company

automatically sta~ds cancelled/terminated.

(3) Accordingly, the ~-ompany is now not authorized to work locally and

hence the question does not arise to ask for permission to cut trees. All

records are available at your office and accordingly we strongly oppose

issuance of any such permission.

(4) Earlier also the company had cut trees in very large area for erection of

wind mills and had dug large pot halls and had buried these trees in such

pot halls. /J. Panchnamafor factual position at the site was doneon

22/8/2019 and 23/8/2019 by the Circle Officer, Vithon. These

Panchanamas are also on record and the matter against the Company

was without fail brought to your notice. In terms of the Saurashtr Tree

cutting Act, you had conducted a case No. 1/2019 against the company

and had imposed a fine of Rs. 3,04,950/- on the said company for the

illegal act of theirs. You had also issued a stay order against the~

Company and they had violated the same. Request you to plea~e· take

note of the same.

(5) Moreover, the Company has been given permission to erect wincl mills

on the Government waste land and hilly area at village Sanganara.

Panchanamas were carried out earlierand the company is not working at

the given place but are carrying out erection work at places of their

convenience. They are working at places which are _grazing area of

nearby villages such as Naranpar, Beru, Mosuna etc. This area is

surrounded byfarms and permission to cut green trees in the area

cannot be granted.

(6) Moreover, we, request you to draw attention of the Collector, Kac:hchh in

writing on behalf of the villagers about violation of terms of conditions

of his Order.

(7) Precisely, at which exact site the Company has sought permission to cut

trees has n<~t been clarified/mentioned nor have they submitted

relevant maps in terms of the order of the Collector nor have thev

mentioned the numbers of trees and types of trees they intend to cut.

These have not been included in the Panchanama also. If such

permission is granted, the company shall erect wind mills at locations of

their convenience, hence it is very much necessary to carry out

Panchanama of the place for which permission has been sought.

Having a look at the previous Panchanamas, it appears that the place at

which erection work for wind mills is in progress and in surrounding • -1·~

areas, there are goat yards and a Goddess temple and also electric poles

and wires. 'Nhile as per the order sanctioning the poi·nt/location for

erection of wind mills, no electric poles or electric line are shown. It

further proves that wind mills are not erected at the location for which

the permission for erection of wind mills have been granted but are

being erected at locations of their convenience. Moreover, under the

pretext of wind mills, the company has blocked age old water streams

and have constructed roads for transporting large machinery etc.

through grazing area and fertile area and have wasted the land and have

made the lcmd barren. This has led to many inconveniences. The

Company is not paying any heed to our attempt to draw their attemtion

to these facts and have violated public easement rights.

(8) The Government had undertaken plantation of trees in the area.

Considering the present policy of the Government, it is prime dutv of

every citizen to preserve/conserve environment and accordingly, the

villagers have strong objection to tree cutting activities. However, if the

permission is granted, to preserve/conserve our trees in seem area of

our villages and to stop tree cutting in the area and for violation of

public easement rights, we shall be compelled to resort to Court of Law,

which may please be noted.

Nakhatra na-Kachchh.

Date: 7/9/2019 Signatures of

Applicants/Objectors

Sd/-Manjulaben

Sarpanch,

Shree Sangnara Gram Panchayat,

Upsarpanch Na khatrana-Kachch h

Sd/-Umra Pala Jepar

Sd/- L K Rabari sd/- Patel ValjibhaiMavji.

J"o, \

M\mlatdar,

Nakhatra na( Kacho:::hh)

-~~~

AnV\e~'JJ'(e tfi~~T

Date: 18/9/2019

Sub: Regarding wind mills coming up at Sanganara village.

With respect we have to state that, environment and physical damage is being

caused to our village by Shree Green Wind Infra Pvt Ltd by erecting wind mills.

The Company in its affidavit had mentioned that environment resource:; 'of the

village shall not be damaged in any way and not dig any pot halls for

constructing roads.

However, the Company has destroyed plants in the name of wild babool etc

and is likely to cause lot of damage to environment by keeping the Authority in

dark.

Plants in forest area of our villages mainly comprises of medicinal plahts and

other important plants/trees and is a big grazing area for birds and animals like

national bird peacock, vultures, small birds like varieties of sparrows, honey

bees etc. Many species which are on theverge ofgetting extinct such as

Chinkara deer, Blue cow etc. shall also be adversely affected.

Since the land in the area is very fertile and rich and our area getting more rain

(almost one and a half time more), bunds, loose boder, stench, check dams

etc. have been made under water shed program.

For erecting wind mills, the electricity lines shall have to be installed and lots of

trees shall have to be cut/destroyed against which we, the villagers lodge a

strong protest. We therefor request you to please do the needful in the matter

and cancel order :;anctioning the erection of wind mills in the area.

Sd/- Umra Pala Jrepar·

Up Sarpanch.

Sd/- Sarpanch,



Sd/- Patel ValjibhaiMavjibhai

\SdfPadhaKhengar \ SCJ( Shankar G Limbani

~1· ~

Encl:

(1) Open support letter from the MLA, Abadasa.

(2) Indemnity letter from the Company.


rai.Nakhatrana-Kachchh.

Dt:21/10/19

Point No.4 To be presented from the premier position

Tharav No.4 Date : 19/10/19

The following discussions happened today from the premier/president

position

1. The Tharav is made raising objection about various wind mills of different

companies situated at seam of our sangnara village.

2. As part of this tharav, Shree Shankarbhai Gopal Limbani residence of our

village sangnara is determined/fixed to present the pleading and Affidavit

on behalf of the village as a whole. -

3. We are providing surety that the entire Sangnara village will support. being

together and opposing collectively against wind mills to take necessary

actions.

For that, the committee is formed as follows:

1. Limbani Shankarbhai Gopal

2. Limbani Valji Mavji

3. Jepar Umra Pala

4. Rabari Lakhman Kama

5. Jepar Ravji Bhoja

Following the aforesaid resolution, Talati Sah Mantree pointed out that

there is an opinion to take action in accordance with government rules.

[Copy from original ]

Talati Sah Mantri

Sangnara- Ta: Nakhatrana

<f· c· ' ~

MAMLATDAR in NAKHATRANA COURT, NAKHATRANA- KUTCH

SAURATR~~TREE TRUNCATION ACT CASE N0.02/2019

Plaintiff: 1. Sangnara Gram Panchayat & Villagers DT: 11/12/2019

Defendant: 1. Green Infra Wind Energy Ltd. New Delhi

Subject: To fine according to article- 3 of Saurastra Tree truncation act 1951

The short fact of the case is the kind that, by the plaintiff of this work

Sangnara Gram Panchayat & villagers by giving complaint in written at this·office

on 03/09/2019 Government land of village sangnara , Taluka Nakhatrana has

been sanctioned/granted to Green Infra Wind Energy Ltd, Chennai for wind

project. There are Oesi Bavad, Gugad, Ghorad, Kundher shrubs in sanctioned land.

Complaint has been fined against them for illegal tree-cutting and strict action

against him for practicing this crime at point no.17 in land, with ~tarting of

industrial operation/work by Green Infra Wind Pvt Ltd.

The questioned land has been sanctioned tp Shree Green Infra Wind Energy

Private Limited ciS per the report of the status/condition and location/place quo

dated 11 10 2019 when investigating through Circle Officer Vithon. Desi Bavad,

Gugad, Ghrad and Kundher trees are cut down in an unauthorized manner

without written permission of any kind. As well, according to the local punch work

done at the location approx 95 trees are truncated without pre permission from

competent authority.

Thus, Application of plaintiff, Circle officer ·-· Vithon's punch work report and

statements given in personal by defendant at Mamlatdar court - Nakhatrana

there is no any kind permission taken from competent authority. So, it has been

proven infringing by the authorized person of Green Infra Wind Pvt ltd under

article 3 of Saurastra Tree truncation act 1951. So, as Mamlatdar has power to

punish minimum SOrs per tree to maximum 1,000rs per tree according to article

3(8) of Saurastra Tree truncation act 1951, The following is ordered:

::Order::

By considering, The unauthorized truncation of trees done by authorized person

of defendant Green Infra Wind Energy Ltd and the punch work done by Circle

'-.officer - Vithon, counting the remnants of truncated trees as per article 95 \ ca~culating 500rs per tree total 47,500/-rs Mamlatdar has power to punish

\ . . minimum 50rs per tree-•to maximum l,OOOrs per tree according to article 3(B) of

Saurastra Tree truncation act 1951, Since the fine is determined according to

height of tree but here are the only remnants of trees so, average 500/-rs. Fine

per tree Penalties are imposed.

The penalty amount is ordered to be submitted by challan to the office of the

government according to "0029" land revenue and copy of the challan of the

amount deposited to present to this office within seven days. As well, the wood of

truncated tree shrubs will have to be deposited/given to cremation of Sangnara

village. In exchange for the trees cut by the company, two times of the tree

should be planted keeping contact with the Sangnara Gram Panchayat and after

the planting of the tree, the company will have to take care of its maintenance

such as raising water and conservation and report the progress of the work in this

regard every month.

If the parties are dissatisfied with this order, the reply must be obtained on

appeal to the Deputy Collector Nakhtrana with~n 7 days from the date of receipt

of the order.

The order was issued on 11/12/ 2019 with my signature and office stamp.


Copy To:

1. To all concerned parties

2. Range forest officer, Sangnara. Range- Nakhatrana

3. Revenue Talati, Sangnara Ta: Nakhatrana

2/- To act on the information and execution of the order against the

aforesaid order and to reimburse the fine.

Duplicate copy to:.

1. Respected Collector, Revenue Department Bhuj- Kutch

2. Respected Dy. Collector, Nakhatrana - Kutch

\ \

\ MAMLATDAR & EXECUTIVE MEGISTRATE OFFICE

,,.~

TA.lUKA SEVA SADAN NAKHATRANA- KUTCH

Ph: (0) 02835-22.2124 1 E-mail: [email protected] --------------- -··-----·-

No.VHT/Windmiii/Granted/11/2019 Ot:18/12/2019

To,

Respected Collector,

Revenue Department,

Bhuj Kutch

Subject: To declc1re "No development zone" to allot/sanction the gove.rnment

fallow land on lease for the purpose of windmill.

As regards the above subject matter, the approach of generating electricity using

wind energy by windmills for the purpose of generating electricity as per the

scheme of the <~overnment is given to the private companies for lease of

government land for the purpose. Here in Nakhatrana taluka, a proposal is also

presented to allow windmills for wind farm purposes.

There are sweet shrubs of forest (Desi Kher(Gorad), Kantho(Khijdo),Gugad,

Lyar,Harmo, Anguro, Gangita, Vingo, Khakhra, Mithi Bordi, Kindor etc) and

madcap (Gando Bavad) in huge amount available in this taluka in the villages like

Sukhsaan, Sangnara, Nrayanpar ( Roha ), Rampar (Roha) , Mosuna. This area is a

source of fresh water and the flow of water and stretch barriers is created by the

government. There is a lot of fertile land around it, and farming is more prevalent.

There is a residence of wildlife like national bird peacock, Sugari(Baya weaver),

Owl, Kabar(Mynal,Ramchakali (sparrow), Pigeon, Bagala(Crane),Haran (Deer),

Nilgai, Vijuda, Charakh, Shihodi, Fox. There are forest estate ( Vansampada) in

ayurvedik herbs like Momejo,Kunther,Aritho,Satavari and bee nests and There are

\

' \ nufnerous medicinal herf)s and forest estates that can be damaged which results

in significant loss of biodiversity.

The information is received about the installation work of the windmill project for

land approved for wind mills by doing unauthorized excavati~n by private

company contractors as well as the construction of new approach roads made to

reach to windmill for transportation of heavy machinery. For example, in the

name of the company, action has been taken under Article 3 of the tree

truncation act 1951, in the village sangnara, Green Infra Wind Energy Limited has

been fined Rs.352450 and has been recovered and deposited in the Government.

The forests in this area are very useful for livestock grazing. Livestock is available

in large numbers to the village Maldharis ( cattle breeders ) and farmers having

cows, buffalos, bullocks, sheep goats and camels and some families are depended

on bees, Gugad and Glue and for that there is a greater need pasture land for

livestock.

Thus, the pasture nearer by windmills cannot be ·used in these villages and nearby

villages. Because of high voltage the electricity lines birds and animals are lost.

Damage to wildlife can result in significant loss of agriculture.

In view of the above facts, in our view, such areas should be separately analyzed

and be secured; it also seems to be necessary for the distant future, which has

been protected after proper study.

Thus, It is request to you sir, not to allot government land on lease for purpose of

windmill and to declare that "No Development Zone". So that We can be

participant to prevent harm/loss to the environment.


Copy to:

Respected Dy. Collector, Nakhatrana- Kutch

-ww- e r oornmem

v I/We

IN THE NATIONAL GREEN TRIBUNAL,

WESTERN BENCH, PUNE

Original Application No ....................................................... Of20l!.b

IN THE MATTER OF:

-VERSUS

~~~LA~*·bo~n~-~~~~~~~~~~~~~~-~~~~~~~·~~~R~ponde~(0 Defendant ( s)

VAKALATNAMA

.. t.tww1~Y.kl ... 0.19.(l£J.P~~- ... foJ.el. .......... ~ ... · ........... . DEFENDANT I RESPONDENT/ PETITIONER I OPPOSITE PARTY, in the above application/

suit/appeal/petition/ reference do hereby appoint and return Sanjay Upadhyay I Eisha Krishn /Manisha

Bhadoni I Salik Shafique I Vibhav Misra I Saumitra Jaiswal I Saumya Chaudhary/ Kazi Sangay Thupden Advocate of the National Green Tribunal, to act and appear for me/us in the above application/

suit/petition/appeal reference and on my/our behalf to conduct and prosecute or defend or with draw the

same and all proceedings that may be taken in respect of any application connected with the same or any

decree or order passed therein, including proceedings in taxation and application for Rev~ew to file and

obtain return of documents and to deposit and receive money on my I our behalf in the

Application/Suit/Petition/ Appeal reference and application for Review, and to represent me/us and to take

all necessary steps on my/our behalf in the above matter. IIWe agree to ratify all act done by the aforesaid

advocate, in pursuance ofthis authority.

To,

Sir,

The Registrar, National Green Tribunal Western Bench, at Pune

.

Dated this the :?-~~<;~ '~'~ ~\ ~~ay of. Y'. I~ 1./20 I Z <>

(Petitioner ( s) I ru.JIIJvll,aJJL

I Defendant( s) I 0

MEMO OF APPEARANCE

Kindly enter my appearance in the above matter on behalf of the Petitioner l Appe-llant I·----~---·-· Respondent.

Dated ........................... 20 l"i-.<3'

29, Nizamuddin East, Presidential Estate, (Lower Ground Floor), New Delhi-110 013 Tel.: +91-11-40573181 E-ma11: [email protected]

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