Ministry of Environment, Forest and Climate Change. 10-May, 2005 16:34 IST
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)