MLA suggests steps on declaring Reserved Forest
Source: The Sangai Express
Kangpokpi, May 17 2022:
Saikot AC MLA Paolienlal Haokip apprised Forest, Environment and Climate Change Minister Th Biswajit Singh over the issues surrounding reserved forest areas and suggested steps to avoid tension.
The MLA in his representation to the Minister pointed out that some officials of the Forest Department are either issuing show-cause notices to villagers or taking up plantation drives without involving the local populace and the same is creating avoidable tension in his Constituency.
While appreciating the Forest Minister for interacting with chiefs and villagers of several hill villages to solicitude their wilful participation in the Government's efforts to promote sustainable management of the State's ecology, the MLA drew the attention of the Minister to resolve some of the issues concerning reserved forest areas.
The bureaucrat-turned lawmaker pointed out that the Indian Forest Act, 1927 requires certain procedures to be followed while tagging any land as a reserved forest.
He said that the first requirement is to issue a notification in the official gazette under Section 4; (a) declaring that it has been decided to constitute such land as reserved forest; (b) specifying, as nearly as possible, the situation and limits of such land; and (c) appointing an officer (hereinafter called "the Forest Settlement-officer") to inquire and determine the existence, nature, and extent of any right alleged to exist in favour of any person in or over any land comprised within such limits, or in or over any forest-produce, and to deal with the same as provided in this chapter.
He also said that Section 6 required that, after a notification has been issued under Section 4, the Forest Settlement Officer shall publish in the local vernaculars in every town and village in the neighbourhood of the land comprised therein, a proclamation such as specifying, as nearly as possible, the situation and limits of the proposed forest; explaining the consequences which, as hereinafter provided, will ensue on the reservation of such forest; and fixing a period of not less than three months from the date of such proclamation, and requiring every person claiming any right mentioned in Section 4 or Section 5 within such period either to present to the Forest Settlement-Officer a written notice specifying or to appear before him and the State, the nature of such right and the amount and particulars of the compensation (if any) claimed in respect thereof.
The MLA further said that Sections 7 to 19 further lay down several procedures relating to claims to rights and settlement of claims, appeals, commutation of rights, etc.
It is only after completion of all such requirements that the Government can issue a notification declaring a forest as a reserved area, he added.
He then pointed out that in the case of the so-called Dampi Reserved Forest, such due diligence appear to be absent as village chiefs in the land so constituted could not recollect the publication of the alleged notification in vernacular by the Settlement Officer under Section 6 and they also denied having been given any opportunity to present their claims to rights or having received any compensation for the land over which some have rights conferred by the British Government and others by the Maharaja.
The MLA said that so far as the Thangjing Hill is concerned, the chief of Ukha (Loikhai) has clear orders of the Settlement Officer, excluding the land belonging to Loikhai village, which includes Thangjing Hill, from the Churachandpur Khoupum Protected Forest.
The Government, in public interest, should cause cessation of issuing show cause and eviction notices till it can issue a white paper regarding the procedural propriety and completeness of the process of declaration of reserved forest over Dampi and Sagang villages land, the MLA said and added the Government must control the public excitement, on communal lines, over the issue of reforestation of Thangjing Hill.
"The traditional pilgrimage rights of one religious community need not conflict with the land rights of another, merely requiring harmonious attitude and mutually respectful engagement", asserted the MLA .
He said that the recent viral videos of small gun-wielding volunteers claiming to be Bharatiya Janata Yuva Morcha forcing their way through land-owning locals to forcibly afforest the Thangjing Hills appear to be a wrong approach to a noble objective of afforestation.
He continued that as far as villages within reserved forests are concerned, the Forests Rights Act, 2006, otherwise known as The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 needs to be implemented in the State's Reserved Forests before issuing any orders for eviction.
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