Lok Sabha Question No. 5624 (UNSTARRED), answered on 2018-04-02
Subject: Forest Right Act
Ministry: TRIBAL AFFAIRS
Asked by: GAURAV GOGOI, RITI PATHAK, JYOTIRADITYA MADHAVRAO SCINDIA

## GOVERNMENT OF INDIA

## (MINISTRY OF TRIBAL AFFAIRS)

## LOK SABHA UNSTARRED QUESTION NO. 5624

TO BE ANSWERED ON 02.04.2018

## FOREST RIGHT ACT

## 5624. SHRI GAURAV GOGOI: SHRIMATI RITI PATHAK: SHRI JYOTIRADITYA M. SCINDIA:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

(a) whether the Supreme Court has recently asked various State Governments to provide details of the number of claims made for the grant of land under the provisions of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and if so, the details thereof;

(b) if so, whether the Union Government has sought details of the number of claims made for the grant of land under the Act from various State Governments;

(c) if so, the details in this regard;

(d) whether the Government proposes to conduct a performance audit by the C&AG or by any other appropriate authority to ensure that tribals living in forest and wildlife areas are not unnecessarily harassed; and

(e) if so, the details in this regard?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SHRI SUDARSHAN BHAGAT)

(a)  In its Order passed on 7.3.2018 in the matter of Writ Petition(s) (Civil) No.(s). 50/2008 Wildlife Trust of India & ORS. versus Union of India & ORS., the Hon'ble Supreme Court of India has issued a direction to 26 State Governments and 2 Union Territories to file a tabular statement in the form of an affidavit indicating the following: -

- ( i ) The number of claims for the grant of land under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act,2006;
- ( i i ) The claims should be divided into claims made by the Scheduled Tribes and separately by other traditional forest dwellers;
- ( i i i ) The number of claims rejected by the State Government in respect of each category;
- ( i v ) The extent of land over which such claims were made and rejected in respect of each of the two categories;
- ( v ) Action taken against those claimants whose claims have been rejected;
- ( v i ) The status of eviction of those claimants whose claims have been rejected and the total extent of area from which they have been evicted;
- ( v i i ) The extent of the area in respect of which eviction has not yet taken place in respect of rejected claims.'

The cut-off date for providing this information is 31.12.2017. The information, as required above, is to be furnished within a period of four weeks by the States/UTs. In the said Order, the Court has not given any direction to the Union of India.

(b) & (c):  The Ministry of Tribal Affairs regularly obtains inputs for Monthly Progress Report(MPR) from State/Union Territory Governments which includes number of claims made under FRA.  The latest MPR is also put on the website of Ministry of  Tribal  Affairs.    A  copy  of  latest  MPR  is  placed  at Annexure.

(d)  No, Madam.

(e) Not applicable in view of reply to part (d) above.

## Details of number of claims received, number of titles distributed, number of claims rejected and number of claims disposed off under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 as on 30.11.2017.

| S. No.   | States           | No. of Claims   | No. of Claims   | No. of Claims   | No. of Titles Distributed upto 30.11.2017   | No. of Titles Distributed upto 30.11.2017   | No. of Titles Distributed upto 30.11.2017   | No. of Claims Rejected   | Total No. of Claims Disposed off   | %Claims disposed off with respect to claims received   |
|----------|------------------|-----------------|-----------------|-----------------|---------------------------------------------|---------------------------------------------|---------------------------------------------|--------------------------|------------------------------------|--------------------------------------------------------|
| S. No.   | States           | Individual      | Community       | Total           | Individual                                  | Community                                   | Total                                       | No. of Claims Rejected   | Total No. of Claims Disposed off   | %Claims disposed off with respect to claims received   |
| 1        | Andhra Pradesh   | 1,69,153        | 4,726           | 173879          | 87,861                                      | 1,428                                       | 89,289                                      | 55,397                   | 1,44,686                           | 83.21%                                                 |
| 2        | Assam            | 1,48,965        | 6,046           | 1,55,011        | 57,325                                      | 1,477                                       | 58,802                                      | 0                        | 58,802                             | 37.93%                                                 |
| 3        | Bihar            | 8,022           | 0               | 8,022           | 121                                         | 0                                           | 121                                         | 4,215                    | 4,336                              | 54.05%                                                 |
| 4        | Chhattisgarh     | 8,52,530        | 27,548          | 8,80,078        | 386,206                                     | 14,161                                      | 4,00,367                                    | 4,59,799                 | 8,60,166                           | 97.74%                                                 |
| 5        | Goa              | 9758            | 372             | 10,130          | 17                                          | 8                                           | 25                                          | 311                      | 336                                | 3.32%                                                  |
| 6        | Gujarat          | 1,82,869        | 7,187           | 1,90,056        | 81,178                                      | 3,516                                       | 84,694                                      | 0                        | 84,694                             | 44.56%                                                 |
| 7        | Himachal Pradesh | 591             | 68              | 659             | 53                                          | 7                                           | 60                                          | 0                        | 60                                 | 9.10%                                                  |
| 8        | Jharkhand        | 99,224          | 3,286           | 1,02,510        | 54,458                                      | 1,723                                       | 56,181                                      | 27,652                   | 83,833                             | 81.78%                                                 |
| 9        | Karnataka        | 2,98,795        | 5,741           | 3,04,536        | 12,421                                      | 628                                         | 13,049                                      | 1,71,592                 | 1,84,641                           | 60.63%                                                 |
| 10       | Kerala           | 36,140          | 1,395           | 37,535          | 24,599                                      | NA                                          | 24,599                                      | 7,889                    | 32,488                             | 86.55%                                                 |
| 11       | Madhya Pradesh   | 5,76,645        | 39,419          | 6,16,064        | 2,20,741                                    | 27,275                                      | 2,48,016                                    | 3,63,584                 | 6,11,600                           | 99.28%                                                 |
| 12       | Maharashtra      | 3,52,950        | 11,408          | 3,64,358        | 1,06,898                                    | 5,748                                       | 1,12,646                                    | 2,31,856                 | 3,44,502                           | 94.55%                                                 |
| 13       | Odisha           | 6,05,528        | 13,062          | 6,18,590        | 411,082                                     | 5,964                                       | 417,046                                     | 1,49,711                 | 5,66,757                           | 91.62%                                                 |
| 14       | Rajasthan        | 73,455          | 700             | 74,155          | 37,239                                      | 88                                          | 37,327                                      | 34,528                   | 71,855                             | 96.90%                                                 |
| 15       | Tamil Nadu       | 18,420          | 3,361           | 21,781          | 0                                           | 0                                           | 0                                           | 0                        | 0                                  | 0.00%                                                  |
| 16       | Telangana        | 1,83,107        | 3,427           | 1,86,534        | 93,494                                      | 721                                         | 94,125                                      | 82,572                   | 1,76,787                           | 94.77%                                                 |
| 17       | Tripura          | 1,98,238        | 277             | 1,98,515        | 1,25,020                                    | 55                                          | 1,25,075                                    | 65,779                   | 1,90,854                           | 96.14%                                                 |
| 18       | Uttar Pradesh    | 92,520          | 1,124           | 93,644          | 17,712                                      | 843                                         | 18,555                                      | 74,945                   | 93,500                             | 99.85%                                                 |
| 19       | Uttarakhand      | 182             | 0               | 182             | 0                                           | 0                                           | 0                                           | 1                        | 1                                  | 0.55%                                                  |
| 20       | West Bengal      | 1,31,962        | 10,119          | 1,42,081        | 44,444                                      | 686                                         | 45,130                                      | 96,587                   | 1,41,717                           | 99.74%                                                 |
| TOTAL    | TOTAL            | 40,39,054       | 1,39,266        | 41,78,320       | 17,60,869                                   | 64,328                                      | 18,25,197                                   | 18,26,418                | 36,51,615                          | 87.39%                                                 |