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In a significant move by the Union environment ministry, residential construction in private and deemed forests of Goa and Uttarakhand has been approved, although with specific limitations. This policy was outlined in a recent clarification circular. It allows for the building of homes up to a maximum size of 250 square meters. The cut-off date of February 11, 2011, is however applicable to the homes. This decision aims to balance environmental concerns with the needs of private forest landowners.
The Union environment ministry's advisory committee issued the clarification after recognizing the challenges posed by the fragmentation of private forests due to the sale of small land parcels. This regulation is particularly relevant in the Mussoorie Dehradun Development Authority (MDDA) regions and other areas of Uttarakhand and Goa. To mitigate these concerns, the ministry has said that construction is strictly for residential purposes. Institutional or commercial developments are explicitly prohibited.
The circular is designed to ease the difficulties faced by homeowners in completing their legitimate residential buildings. Notably, this measure follows the forest advisory committee's decision in November 2021, which extended the same relaxation granted to Uttarakhand to Goa under the Forest (Conservation) Act, 1980.
The genesis of this policy change can be traced back to the concerns raised by Goa's Chief Minister who highlighted the issues faced by citizens due to the expanding identification of private forests and the resultant scarcity of non-forest land for development.
The ministry's circular also referenced previous guidelines issued in 2011 and 2018, which mandated the time-bound demarcation of notified forest areas, adhering to directives from the Supreme Court. These guidelines emphasize the importance of the term ‘homestead’ to prevent the fragmentation of private forest estates as seen in areas like Mussoorie.
Construction permissions are therefore confined to ‘homesteads’, with the condition that such structures must have been in existence as of February 11, 2011. In instances where forest land ownership has been subdivided post this date, the total built-up area of all structures must not exceed the 250 square meter limit.
The new policy also mandates minimal tree felling, implementation of adequate soil conservation measures, and adherence to other regulatory requirements for construction in hilly regions. Additionally, standard environmental conditions, including tree plantation, remain applicable.
In conclusion, this policy represents a careful balancing act by the Union environment ministry. By allowing limited residential development in private forests while enforcing stringent conditions, the government seeks to address the housing needs of residents without compromising the integrity of forest ecosystems. This approach underscores the ongoing challenge of aligning developmental needs with environmental conservation.
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