Department of Jammu and Kashmir
Civil Sectt: Forest Department
Subject: Diversion of 39.88 ha of forest land to Shri Amarnathji ShrineBoard at Baltal and Domail for raising Building/Structures in Sindh ForestDivision
Reference: Cabinet Decision No. 94/7 dated 20.05.2008
Government Order No. 184—FST OF 2008 Dated: 26-05-2008
Sanction is accorded to the diversion of forest land measuring 39.88 ha falling under compartment No. 63a/Sindh, in Block Kullan, Range Sindh, Sindh Forest Division for raising pre-fabricated structures only for camping purposes of pilgrims, without going in for construction of permanent structures, at Baltal and Domail by Shri Amarnathji Shrine Board on the following terms and conditions:
1. The proprietary status of forest land shall remain unchanged.
2. The forest land so diverted shall be used only for the purpose for which it has been diverted. It shall not be transferred to any other agency without approval of the Forest Department.
3. The forest land so diverted shall not be mortgaged, reassigned or sub-leased by user agency in any manner what so ever to any other agency.
4. The User Agency shall pay Net Present Value of the forest land to the tune of Rs. 2,31,30, 400/- (Rs Two crore thirty-one lacs thirty thousand four hundred only) as calculated by the concerned DFO as per Hon’ble Supreme Court Order dated 30-10-2002 in I.A No: 566 in Writ Petition (Civil) No: 202 of 1995 T.N. Godavarman Thirumalpad V/S Union of India.
5. The User Agency shall pay Rs. 19, 94,000/- (Rs. Nineteen lacs ninety-four thousand only) on account of Compensatory Afforestation to be carried over 79.96 ha.
6. The user agency shall take foolproof measures on modern scientific lines to ensure that any water of nearby Sindh Nallah does not get polluted.
7. Any damage done to the forest by the user agency or its employees and contractors or people employed by them shall be charged from the user agency at the rate of ten times the standard rate of 1992.
8. The forest land so diverted shall return to the Forest Department free of any encumbrances when it is no longer required by the User Agency.
9. The user agency shall construct complete retaining/breast walls on the both sides of the road/railway/ earth work/ tunnelling etc, and take other necessary steps, so as to minimize soil erosion/land slips. In this regard, the user agency shall seek technical guidance from Director, Soil Conservation Department, J&K.
10. The user agency shall also pay any other amount which will become payable as per orders of Hon’ble Supreme Court or Government/Forest Department, J&K.
11. The user agency shall be responsible to get requisite clearance under any other relevant law in vogue.
12. The user agency shall submit an undertaking that in case of any upward revision of rates of Net Present Value, the user agency will pay the amount of differential Net Present Value.
13. The possession of Forest land diverted for non-forestry purpose under the orders of the competent authority, should not be handed over to the user agency till all payments due against Compensation of trees, NPV/Compensation of land, Compensatory afforestation costs etc are notdeposited with Chief Accounts Officer in the office of the PCCF.
