Business Standard: Raipur: Wednesday,
June 15, 2016.
The Ministry
of Tribal Affairs had sought clarification from the Chhattisgarh government
over cancellation of community forest rights given to the tribals in Ghatbarra
of Sarguja district.
In a letter
dated January 8, 2016, the authorities cited the reason that tribals were
exercising rights, which was coming in the way of mining in Parsa East and Kete
Besan coal blocks. Adani Mining is working as Mine Developer and Operator (MDO)
in the blocks that had been originally allotted to state-owned Rajasthan Vidyut
Utpadan Nigam (RVUNL).
The Hasdeo
Arand Bachao Sangharsh Samiti (HABSS) contended the state government’s move and
brought the matter to the notice of Ministry of Tribal Affairs (MoTA) and the
environment ministry, which had granted approval for diversion of tribal land
for mining purpose in Ghatbarra village that covered a major portion of the
coal mines.
Interestingly,
the Ministry of Environment had approved the diversion of forest land for the
coal mine in March 2012, while the community forest rights (CFR) was granted
only in September 2013. This despite both the environment ministry and tribal
affairs ministry categorically stating in circulars and guidelines that forest
diversion cannot come into effect till the process of recognition of rights is
complete.
Residents of
Ghatbarra had written to the authorities concerned in February 2012, stating
that recognition of rights was pending and hence diversion should not be
allowed. The rights were the livelihood that the forest dwelling community had
been historically carrying out in the area, including collection of non-timber
forest produce (NTFP).
The MoTA in
its letter to the Chief Secretary of Chhattisgarh had asked to “ascertain the
factual position in this regard along with the provision of the Law under which
cancellation has been made and intimate this Ministry at the earliest”. The
ministry observed that the reason for cancellation of the community title by
saying that the forest land was already diverted before the issue of community
title to Ghatbarra is not a ground for cancellation of the title and cannot be
accepted.
State
officials said they were examining the letter received from the Centre.
Samiti’s Alok
Shukla, who collected the information through the Right to Information (RTI)
Act, said the note sheet carrying remarks of the top officials also
emphatically stated that Forest Rights do not provide for cancellation of any
rights recognised under the Forest Rights Act. Therefore, canceling the
community title is a violation of the law.
.JPG)
.JPG)
