Minister of Environment and Forests’ statement regarding steps taken by the Government for regularizing forest land being cultivated by the farmers in Lok Sabha
Following is
the text of statement by the Minister of Environment and Forests, Thiru A.
Raja, in respect of notice of calling attention tabled by Shri Madhusudan
Mistry, Member of Parliament in the Lok Sabha today, regarding "situation
arising out of non-implementation of instructions and guidelines by the State
Governments, issued by the Environment and Forests Department for regularizing
the forest land being cultivated by the farmers prior to 1980 and steps taken
by the Government in regard thereto":
1.0 BACKGROUND
“1.1 National
Forest Policy, 1988
National
Forest Policy, 1988, protects the rights of forest dwellers including customary
rights of tribals on forest land. These rights also include rights to collect
fuel wood, fodder, minor forest produce, construction timber, grazing rights
and any other specific right enjoyed
by a particular community prior to
notification of forest areas. The policy also protects the rights and
concessions enjoyed by the people living on forest fringe areas.
Forest (Conservation) Act, 1980
After
independence, between 1950 to 1980, about 45 lakh hectare of pristine natural
forest land was diverted for Non-forestry purposes by the various State
/ Union Territory(UT) Governments. About half of this land was under
encroachments. Since forest lands have easy access and treated as open
resource, these are prone to encroachments. Prevalent land hunger compounded
the problem of forest land management complex in the country. Further, State /
UT Governments are also prone to suffer with local pulls and pressures.
This
practice of diversion of forest lands for non-forestry purposes continued
unabated for about 30 years, which resulted in increasing destruction of forest
cover leading to heavy erosion of topsoil, erratic rainfall, recurring floods
and droughts straining the ecological
imbalance. Central Government took serious note of the situation and “Forests”
were brought under “Concurrent list” from State List in 1976. In
April 1976, States/UTs were asked that any proposal for removal of forest cover
should be invariably got assessed by Inspector General of Forests when any such
diversion of forest area for non-forestry purposes was contemplated. In August,
1976, States/UTs were told that they
may divert forest area up to 10 ha. for non-forestry purposes for public
utility projects. In 1978, Government of India
suggested the States/UTs to seek concurrence of Central Government prior to diversion of more than 10 ha. of
forest land. But situation did not improve in the States/UTs and continuous
reduction of forest cover went on.
Then
Hon’ble Prime Minister of India raised her concern with Governors and Chief
Ministers of different States on 20-4-1980 regarding dismal state of country’s
natural wealth. It was felt by the collective political wisdom of the country
that a ‘regulatory act’ was the need of
the hour. Therefore, in 1980, an ordinance
was brought for regulation of diversion/de-reservation of forest land for
non-forestry purposes, which was later replaced by Forest (Conservation), Act w.e.f. 25-10-1980.
Forest (Conservation) Act, 1980 is a
regulatory and not a prohibitory Act. This Act is a development oriented Act
with a balancing mechanism. The Act aims to conserve the natural wealth for
future generations on one hand and on the other, allows the judicious use of
pristine forest land for developmental activities to meet the requirement of
the mankind.
The Act, as anticipated, brought
desired visible results. During 1950-80, the rate of diversion of forest land
for non-forestry purposes was to the tune of 150,000 hectares per annum. But,
after enactment of the Forest (Conservation) Act, 1980, the rate of diversion
of forest land for non-forestry purpose came down to less than 38,000 ha. per
annum and that is mostly for developmental projects like railways, irrigation,
roads, hydro-power, thermal power, transmission lines, mining, settlement of
rights including regaularization of pre-1980 eligible encroachments of forest
dwellers including tribals and conversion of forest villages into revenue
villages on forests lands. Hence, besides development, the Forest
(Conservation) Act, 1980 paved the way for recognition and regularisation of
land rights of genuine forest dwellers on forest land.
2.0 RECOGNITION / REGULARISATION
OF LAND RIGHTS OF FOREST DWELLERS ON FOREST LAND
In conformity with the commitment made by the Central Government in the
National Forest Policy, 1988 for the protection of rights of forest dwellers
including tribals on forest lands, detailed guidelines for regularisation of
pre-1980 eligible encroachments, conversion of forest villages into revenue
villages, and settlement of disputed claims of tribals, pattas, leases etc.,
have been issued by the Central Government after approval of the Union Cabinet
on 18th September 1990 under Forest (Conservation) Act, 1980. These guidelines
have been evolved after national consensus and approval of the Union Cabinet.
These guidelines have been reviewed by the Union Cabinet and re-iterated in
1991 and 1992.
From 1990 to 2002, proposals have been received for regularisation of
pre-1980 eligible encroachments from 8 States / UT Governments, and for
conversion of forest villages into revenue villages from 2 States namely Madhya
Pradesh and Maharashtra. No proposal has been received from any of the State /
UT Governments for settlement of disputed claims. After examination of the
received proposals, the Central Government has regularized pre-1980 eligible encroachments
over 3.66 lakh hectare of forest land in respect of 8 States/UTs namely Madhya Pradesh, Karnataka, Gujarat, Kerala,
Arunachal Pradesh, Orissa, Tripura and
Andaman & Nicobar Islands. Central Government also converted 384
forest villages of MP and Maharashtra, into revenue villages, out of existing
2690 forest villages in the country (as per information furnished by the
States/UTs). Since, no proposal has been received from the State / UT
Governments for settlement of disputed claims of tribals, no progress could be
made in this regard.
Thus, the Central Government has
been effectively implementing the 1990 guidelines for settlement of land right
over forest land. The process of settlement of rights on forest lands came to a
sudden halt due to the intervention of the Hon’ble Supreme Court. Apex Court
banned de-reservation of forests/national parks/sanctuaries vide order dated
13-11-2000, and also restrained the Union Government from further
regularization of encroachments on forest lands vide order dated 23-11-2001.
3.0 EVICTION DRIVES IN THE STATES
/ UNION TERRITORIES
3.1 While examining the issue of settlement of disputed claims of
tribals and forest dwellers on forest lands, and eviction of in-eligible
encroachers from forest lands in pursuance of the Supreme Court order dated
23-11-2001, it was observed by the Central Government that the State /UT
Governments were not able to distinguish between the encroachers, and the
original tribals and other forest dwellers living on forest lands.
4.0 REACTION OF THE CENTRAL
GOVERNMENT
Further
to protect the rights of the tribals on the forest lands, the Ministry of
Environment and Forests has issued directions to all the State / UT Governments
on 21-12-2004 and requested them, not to resort to the eviction of tribal
people and forest dwellers other than in-eligible encroachers, till the
complete survey is done for the recognition of such people and their rights,
after setting up of District level Committees involving a Deputy Collector, a
Sub-Divisional Forest Officer, and a representative of Tribal Welfare
Department, by the State/UT Governments as reiterated in guidelines dated
18-09-1990 and 30-10-2002 of the Central Government.
5.0 PRESENT POSITION
5.1 The Ministry of
Environment and Forests has already issued directions to all the State / UT
Governments on 21-12-2004 and requested them, not to resort to the eviction of
tribal people and forest dwellers from forest land in absence of verification
and determination of their land rights.
5.2 The Ministry found it appropriate and,
therefore, re-iterated that the cut-off date for settlement of land right
including regularization of encroachments on forest lands, of forest dwellers
including tribals, should be 25-10-1980, i.e., the date of enactment of Forest
(Conservation) Act, 1980, as indicated in the guidelines issued on 18th
September 1990.
5.3 Further, to clarify on the eligibility
and in-eligibility criteria, it may be mentioned that forest dwellers including
tribals, who have occupied forest lands prior to 25-10-1980, i.e., the date of
enactment of Forest (Conservation) Act, 1980, shall be eligible for settlement
of land right including regularization of encroachment on forest land,
irrespective of the fact that the State/UT Government has taken a prior
decision or not. Forest dwellers including tribals, who have occupied forest
lands on or after 25-10-1980, shall be in-eligible.
5.4 Further, to boost the infrastructure development in forest
areas, Central Government vide letter dated 03-01-2005, has granted one time
dispensation / general approval under Section-2 of the Forest (Conservation)
Act, 1980, and permitted the State / UT Governments to proceed with strictly
need based diversion of forest land below one hectare in each case, in favour
of Government Departments for construction of
schools, dispensary/hospital, electric and telecommunication lines,
drinking water projects, water/rainwater harvesting structures, minor
irrigation canal, non-conventional sources of energy, skill up-gradation/vocational
training centre, power sub-stations, communication posts, and police
establishments like police stations / outposts / border outposts / watch
towers, in sensitive areas (identified by Ministry of Home affairs). This
dispensation is aimed at providing basic developmental facilities for tribals
and other dwellers of forest fringe villages. The general approval is subject
to fulfilment of certain stipulated conditions to meet the environmental
requirements, and is valid till 31-12-2006.
5.5 The matters, i.e., regularisation of pre-1980 encroachments,
dereservation of forest lands, settlement of rights on forest land are
sub-judice in the Supreme Court. Ministry of Environment and Forests is already
seized of the matter and pursuing vigorously to get these orders modified/stay
vacated by the court at the earliest. After modification/vacation of the
orders, the settlement of rights on forest lands could be smoothly undertaken
under the Forest (Conservation) Act, 1980.
5.6 The Ministry of Environment and Forests
(MoEF) has been pursuing with the State / UT Governments to look into the
settlement of land rights of forest dwellers/tribals including regularisation
of pre-1980 encroachments on forest lands proactively and adopt a transparent
system for verification and determination of their land rights”.
AKS
(Release ID :9130)