New Delhi: The new guidelines from the Ministry of Environment and Forests (MoEF) is clear that any new Railway track or doubling project will attract provisions of forest and wildlife laws. This rule will hold good even for those forest lands that are owned by the Railway Department.

These guidelines will have far-reaching and positive effects on new as well as ongoing Railway projects in Mysuru, Chamarajanagar and Kodagu comprising the tiger reserves of Bandipur and Nagarahole.

According to Naresh Kumar, Deputy Inspector General of Forests, Forest Conservation Division, MoEF, these guidelines will see application of both Forest (Conservation) Act, (FCA) 1980 and Wildlife Protection Act, (WPA) 1972 on forest lands falling in the Right of Way (RoW) of the Railways in the light of Railway Act, 1989.

He states, “Till date, Railways have insisted that forest and wildlife laws are not applicable to forest lands falling in the RoW and they have the power to acquire and divert forest lands under Section 11 (a) of Railway Act, 1989. We have been clarifying that both the Acts are applicable for diversion of forest lands for non-forestry purposes irrespective of the ownership of forest lands. This land owned by the State cannot be acquired and transferred to the Railways under Section 11 (a) of Railway Act, 1989 without following the provisions of FCA and WPA.”

The Law Ministry too has opined that though the Railway Department can construct and maintain a Railway line on any land, however, as far as forest land was concerned, it would attract provisions of FCA. But projects passing through the areas linking one preserved area or tiger reserve with another cannot be allowed for ecologically unsustainable use, except in public interest with approval of National Wildlife Board.

Welcoming the new guidelines for the implementation of Railway projects in forest lands, forest officials say this will clear the prevailing confusion on forest lands in possession of the Railways.

This will also play a crucial role in conserving the remaining forest habitat and protecting critical wildlife habitats through which many Railway projects have been implemented while many new ones are proposed.

Habitat destruction

MoEF admits that Railway projects passing through sanctuaries/parks/tiger reserves amounts to destruction of habitat as per Section 29, 35 (6) and 38 (O) (1) (g) of Wildlife Protection Act 1972.

Railways cannot acquire forest land under Railway Act, 1989

Prior approval is needed as per FCA, 1980

State government cannot assign/allot forest lands without MoEF approval

Wildlife protected areas will require National Wildlife Board clearance.