NHAI's ongoing work on NH-7 violates Forest Act

Vijay Pinjarkar, TNN | Nov 28, 2011, 11.19AM IST NAGPUR: Even as the National Highway Authority of India (NHAI) continues to violate the Forest Conservation Act (FCA) 1980, the forest department is turning a blind eye to the ongoing road widening work on national highway number 7 between Mansar and Chorbahuli near Mansinghdeo Wildlife Sanctuary in the district. The work is part of the 117.058km project from Deolapar on Madhya Pradesh-Maharashtra border and includes Kanhan-Tekadi and the new outer ring road touching near Sahara City near Nagpur. While NHAI has completed most of the work, it is yet to get forest clearance in the 39km patch from Deolapar side. The Supreme Court has also not granted relief for four-laning along both the Pench tiger reserves and said the decision will be taken on merit. Yet, after completing work between Tekadi and Mansar, NHAI has started road and canal work near Khumari and Kandri near Chorbahuli. Wildlife experts say the work is in violation of FCA 1980. The ministry of environment and forests (MoEF) guideline on FCA regarding projects involving forests as well as non-forests land is very clear. It states: "If a project involves forest as well as non-forest land, work should not be started on non-forest land till approval of the central government for release of forest land under the FCA has been given." Even as MoEF has not granted forest clearance to NHAI, its concessionaire Oriental Nagpur Bypass Construction Private Limited has started work in non-forest land close to Mansinghdeo sanctuary. Talking to TOI, Prashant Bargi, project manager of Oriental, denied four-laning work between Mansar and Chorbahuli has started. "We are doing work on irrigation canal," he added. The truth is that NHAI is not only violating FCA but it is also going against the SC ruling in Lafarge case in March 2011, which states that the government is faced with a 'fait accompli' situation which, in the ultimate analysis, leads to grant of ex-facto clearances. After NH6 between Deori and Lakhni, NHAI is trying to create a 'fait accompli' situation on NH7 by completing the road till MP Pench and till Chorbahuli from Maharashtra side. Later, the NHAI will push for clearances stating that its crores of rupees have been spent. The fate of highway widening from Seoni in MP to Mansar near Ramtek hangs in balance as it cuts tiger corridor between Pench-Kanha-Nagzira-Indravati-Tadoba. The National Tiger Conservation Authority has already opposed the widening and is for alternative route Nagpur-Saoner-Chhindwara-Seoni to save two tiger reserves but this is not acceptable to NHAI. On Maharashtra side, the proposed four-laning from Deolapar to Mansar will cut through Mansinghdeo sanctuary compartment nos 591 (Chorbahuli) and 495 and 496 between Paoni and Manegaon on the left side from Nagpur to Jabalpur. The existing width of the road is 17 metres and NHAI plans to widen it to 60 metres. Besides, the four-laning will break corridor contiguity with compartment number 581, 582, 587, 588, 589, 590, 591 and 592 and also affect continuity of compartments 480, 481 and 485 in Block 'B' and 'C' of Mansinghdeo. Forest officials confirmed that they have not received fresh proposal from NHAI on road widening that is set to damage Mansinghdeo. NHAI project director UM Shambharkar says, "We don't plan to damage any sanctuary compartments. A fresh proposal for clearance will be sent to the MoEF soon." But, both forest officials and wildlife experts say that after the notification of Mansinghdeo, the NHAI will have to move the National Board for Wildlife (NBWL) as its proposed road work will fall within 10km from the sanctuary. "Such proposals require sanction from NBWL," a member said. http://timesofindia.indiatimes.com/city/nagpur/NHAIs-ongoing-work-on-NH-7-violates-Forest-Act/articleshow/10902128.cms