Government if India through MoEF&CC, has issued a notification dated 29th November, 2023 ordering the assignment of forest land on lease to government as well as the private entity for plantation of short rotation plants considering them as non-forstory activities.
The said order exercising of the powers conferred by clause (iii) of sub-section (I) of section 2 read with section 3C of the Van (Sanrakshan Evam Samvardhan), Adhiniyam 1980 the Central Government specified the terms and conditions for the lease of forest land.
The user agency (government as well as the private entity) has to apply online on PARIVESH portal and after approval of the Central Government only, the lease can be guaranteed. In case of assignment of forest land on lease for mining, no breaking of forest land shall he allowed. However, breaking of forest land to a limited extent such as plantation of trees, and temporary or non-permanent construction may be allowed.
The raising of plantations by the Government Department on the land recorded as forest in the Government records shall be considered as forestry activity and accordingly, provisions of the compensatory afforestation and Net Present Value shall not be applicable for such plantation activities.
While, the raising of commercial plantations of low rotation, Including plantation of medicinal plants in the forest land shall be considered as non-forestry activities and in such cases prior approval of the Central Government shall be obtained and decision on such proposals will be undertaken by them on the merits of such case. Provisions of compensatory afforestation and Net Present Value shall be applicable in such cases.
The State Government or Union territory Administration and the user agency shall monitor, at least once in every year, the compliance of conditions imposed while allowing the non-forestry use of forest land and a copy of such monitoring report shall be uploaded on PARIVESH portal for future references.
Nun-compliances, if any, observed during such monitoring, should be brought to the notice of the concerned authorities for undertaking remedial measures as per the relevant guidelines issued by the Central Government in this regard. The Central Government under section 3C of the said Adhiniyam may further clarify or issue directions to them as may be necessary with respect to these guidelines.