Question : UPGRADATION OF KUCHCHA ROADS ON FOREST LAND



(a) whether the Government has permitted upgradation of Kuchcha roads constructed on forest land to pucca roads without seeking approval under the Forest (Conservation) Act, 1980 in the country;

(b) if so, the details thereof and the reasons therefor; and

(c) the details of kuchcha roads upgraded to pucca roads in forest land during each of the last three years and the current year, State-wise?

Answer given by the minister


MINISTER OF STATE (INDEPENDENT CHARGE) FOR ENVIRONMENT AND FORESTS (SHRIMATI JAYANTHI NATARAJAN)

(a) & (b) The guidelines issued under the Forest (Conservation) Act, 1980 provides for up-gradation of roads constructed in forest areas prior to 1980 from ‘Kutcha to Pucca’ without obtaining prior approval of Central Government under the Forest (Conservation) Act, 1980, subject to fulfillment of the following conditions:

1. The up-gradation of roads constructed in forest areas prior to 1980 from ‘Kutcha to Pucca’ is allowed to the extent that these roads are not black topped/tarred, and if during the process of up-gradation, these roads need to be black topped/tarred, prior environmental clearance, if required, in accordance with the provisions of the EIA Notification, 2006 shall be sought by the user agency in this regard.

2. For such up-gradation in protected areas like National Park/Sanctuaries, prior permission of National Board of Wildlife and the Supreme Court shall be taken by the State / UT Government.

3. Fire for melting of coal tar and mixing, shall be lit at a safe distance from the trees/vegetation, which shall be decided by the concerned Divisional Forest Officer. For such constructions, it is better to avoid dry/hot windy seasons. For this purpose, fuelwood shall be purchased by the implementing agency in advance from the depot of State Forest Development Corporation.

4. No crushing/breaking of stones shall be allowed inside forest areas. Readymade materials shall be used for up-gradation of such roads.

5. Both sides of the up-graded roads shall be reinforced with brick/stone works, and vegetative measures to check soil erosion, at the project cost, in consultation with the Divisional Forest Officer.

6. No tree felling shall be allowed.

7. No widening of roads shall be undertaken without prior permission of the Central Government under Forest (Conservation) Act, 1980.

8. No breaking of fresh forest land shall be carried out.

9. Plantation activities, if the concerned Divisional Forest Officer finds it necessary, shall be taken up along the road at the project cost immediately. The plantation shall be maintained at the project cost.

10. No labour camp shall be established on the forest lands.

11. No work shall be allowed after sunset.

12. Any other conditions that the Divisional Forest Officer may impose from time to time to the protection and improvement of flora and fauna in the forest area shall be applicable.

13. Any damage to forest area due to such up-gradation works shall be compensated by the implementing agency from the project cost. The extent of damage shall be assessed by the concerned Divisional Forest Officer.

14. State Forest Department shall establish permanent check posts on strategic locations on such roads which are already up-graded/under up-gradation.

(c) Proposals to seek prior approval of Central Government under the Forest (Conservation) Act, 1980 for up-gradation of roads constructed in forest areas prior to 1980 from ‘Kutcha to Pucca’ subject to fulfillment of conditions stipulated in reply to parts (a) and (b) above are not received by the Central Government. Information pertaining to upgradation of Kuccha roads to the Pucca roads as per the above-mentioned guidelines is therefore, not available with the Ministry of Environment and Forests. The same are maintained at the State/Union Territory Government level.