Lok Sabha Question No. 1184 (UNSTARRED), answered on 2016-07-25
Subject: Violation of Forest Right Act
Ministry: TRIBAL AFFAIRS
Asked by: KANWAR SINGH TANWAR, RAJESHBHAI NARANBHAI CHUDASAMA

## GOVERNMENT OF INDIA (MINISTRY OF TRIBAL AFFAIRS)

## LOK SABHA UNSTARRED QUESTION NO. 1184

TO BE ANSWERED ON 25.07.2016

## VIOLATION OF FOREST RIGHT ACT

## 1184. SHRI KANWAR SINGH TANWAR: SHRI RAJESHBHAI CHUDASAMA:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

- (a) the number of cases of violation of provisions of (Recognition of Forest Rights) Act, 2006 being reported/noticed by the Government during each of the last three years and the current year in the country, State/UT-wise;
- (b) the number of cases pending as on date and the steps being taken by the Government for their early disposal; and
- (c)  the  other  steps  taken/being  taken  by  the  Government  to  safeguard  the  land  rights  and livelihood of tribals?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SHRI JASWANTSINH SUMANBHAI BHABHOR)

- (a) &  (b) Complaints are received from time to time regarding implementation of the Forest Rights Act, 2006. The onus of implementation of the Act lies with State/UT Governments which is an ongoing process. Hence, these complaints are referred to the respective State Government/UT Administrations  for  taking  necessary  action  at  their  level.  This  Ministry constantly  follows  up  with  the  concerned  States/UTs  and  provides  support  by  holding consultations in different parts of the county and clarify doubts whenever required. A list of complaints received and action taken by the Ministry is Annexed .
- (c) Section 4(5) of the Forest Rights Act, 2006 provides specific safeguards against the eviction or  removal  of  a  member  of  forest  dwelling  Scheduled  Tribe  or  other  traditional  forest dwellers from forest land under his occupation till the recognition and verification procedure is  complete.  The  Right  to  fair  Compensation  and  Transparency  in  Land  Acquisition. Rehabilitation  and  Resettlement  Act  2013  also  provides  special  safeguards  for  Scheduled Tribes with regard to their land rights and livelihood.

Annexe

## Annexure referred to in parts (a) & (b)  in reply to Lok  Sabha Unstarred Question NO. 1184 for answer on 25.07.2016 tabled by Shri Kanwar Singh Tanwar and Shri Rajesh Bhai Chudasama regarding Violation of Forest Right Act

|   S.No. | Name of the Complainant                                                                | Name of concerned State     | Nature of Complaint                                                                                  | Action Taken                                                                     |
|---------|----------------------------------------------------------------------------------------|-----------------------------|------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------|
|       1 | Shri Basudeb Acharia, M.P., Leader CPI                                                 | Chhattisgarh                | Providing patta to the tribal population under FRA, 2006.                                            | Forwarded to State Govt. of Chhattisgarh for taking appropriate action           |
|       2 | MS. Priya Pillai, Policy Advisor, Greenpeace India                                     | Madhya Pradesh              | Non-implementation of FRA in area proposed for diversion for coal mine.                              | Forwarded to State Govt. of MP for taking appropriate action.                    |
|       3 | Dr. AnandMurai, Ex. Gen. Sec. JPCC & Patron Jharkhand Adivasi Mahasabha                | Jharkhand                   | Charter of demands of tribal of Jharkhand State.                                                     | State Government of Jharkhand is requested to take action.                       |
|       4 | Shri K.A. Gunasekaran, Tribal People Council, Tamil Nadu                               | Tamil Nadu                  | Non-implementation of FRA.                                                                           | State Government of Tamil Nadu is requested to take action.                      |
|       5 | Shri R.D. Negi, Kinnaur Van Adhikaar Dharak Kissan Sangh                               | Himachal Pradesh            | Encroachment of the forest land.                                                                     | State Government of HP requested to take action.                                 |
|       6 | Shri Digvijay Singh, Gen. Secretary, AICC                                              | Madhya Pradesh Chhattisgarh | Demarcation of forest land and revenue land in the state.                                            | State Government of MP and Chhattisgarh were requested to take necessary action. |
|       7 | Shri Ramesh Nandwana, Coordinator, Jangal Zameen Jan Andolan, Udaipur                  | Rajasthan                   | Related to irregularities in the implementation of FRA.                                              | State Govt. of Rajasthan is requested to take action                             |
|       8 | Shri Kishore Kumar Parichha, Vice President, Odhia Kendupatra Karamchari Sangh, Odisha | Odisha                      | Non-implementation of FRA.                                                                           | State Govt. of Odisha requested to take action.                                  |
|       9 | Shri Anil Garg, Madhya Pradesh                                                         | Madhya Pradesh              | Non-implementation of FRA.                                                                           | MoEF and State Govt. of M.P. were requested to take action.                      |
|      10 | Ms. Archana Sivaramakrishnaan, Keystone Foundation                                     | Karnataka                   | Reg. destroying the honey processing equipment by Range Forest Officer.                              | State Govt. of Karnataka requested to take action.                               |
|      11 | Shri Sudhir Mungtiwar, President, BJP Maharashtra State                                | Maharashtra                 | Decision to seek the evidence in respect of the possession of forest land by ST in Maharashtra State | State Govt. of Maharashtra is requested to take action.                          |
|      12 | Nikunj Garg, new Darpan Social Welfare Society, Bhopal                                 | Madhya Pradesh              | Wrongly stating of De- notified Forest Land which falls under the scope of FRA, 2006.                | State Govt. of Madhya Pradesh requested for appropriate action.                  |
|      13 | Sangmitra Dubey, Vasundhara, Bhubaneswar                                               | Odisha                      | Plantation being carried out on forest land recognized under FRA                                     | State Govt. of Odisha requested for appropriate action.                          |
|      14 | Sh. Karam Ram, Vill. Sirsi, Post and Distt. Hazaribagh, Jharkhand                      | Jharkhand                   | For providing Patta of of 2.05 acres                                                                 | State Govt. of Jharkhand is requested for appropriate action.                    |

|   15 | Sh. Muktilal Ekka and others of vill. Kantapali, Distt. Sundargarh, Odisha                     | Odihas         | Regarding rejection of claims under FRA                                      | State Govt. of Odisha requested for appropriate action.           |
|------|------------------------------------------------------------------------------------------------|----------------|------------------------------------------------------------------------------|-------------------------------------------------------------------|
|   16 | Villagers of Village Gond Binapal, Distt. Kanker, Chhattisgarh                                 | Chhattisgarh   | Non taking decision on the community rights claims                           | State Govt. of Chhattisgarh requested for appropriate action.     |
|   17 | Villagers of Village Aturbeda, Distt. Kanker, Chhattisgarh                                     | Chhattisgarh   | Non taking decision on the community rights claims                           | State Govt. of Chhattisgarh requested for appropriate action.     |
|   18 | Villagers of village Peepala, Distt. Pali, Rajasthan                                           | Rajasthan      | Non taking decision on claims submitted under FRA                            | State Govt. of Rajasthan requested for appropriate action.        |
|   19 | 71 representations of different villagers of Ratlam Distt. of Madhya Pradesh                   | Madhya Pradesh | Regarding disposing off of long pending claims and objections under FRA      | State Govt. of Madhya Pradesh requested for appropriate action.   |
|   20 | Villagers of Village Ishramtnada, Teh. and Distt. Khandava, M.P.                               | Madhya Pradesh | Rejection of claims under FRA by Block and Distt. Committee                  | State Govt. of Madhya Pradesh requested for appropriate action.   |
|   21 | Kamal Kumar, President Forest Right Committee, Karnarthu, Village Fatahar, Distt. Kangra, H.P. | Himachal Pd.   | Non transfer of land for village development                                 | State Govt. of Himachal Pradesh requested for appropriate action. |
|   22 | Sh. Muktilal Ekka, Village Badgaon, Odisha                                                     | Odisha         | Allotment of land under FRA                                                  | State Govt. of Odisha requested for appropriate action.           |
|   23 | Villagers of village Khorari Teh. Majhgaon, Distt. Satna, M.P.                                 | Madhya Pd.     | Non-disposing of FRA claims                                                  | State Govt. of Madhya Pradesh requested for appropriate action.   |
|   24 | President, Van Adhikar Samiti, Vill. Rajgarh, Distt. Sivani                                    | Madhya Pd.     | For disposing of individual FRA claims                                       | State Govt. of Madhya Pradesh requested for appropriate action.   |
|   25 | Sh. Pushpanjali Satpathy, vill. Patrapalli, Distt. Jharsuguda, Odisha                          | Odisha         | Non receipt of community right under FRA                                     | State Govt. of Odisha requested for appropriate action.           |
|   26 | Sh. Umeshwar Singh, Coordinator, Hasdeo Arnaya Bachao Simiti, Distt. Korba, Chhattisgarh       | Chhattisgarh   | Regarding rejection of community claims of village Ghjatbari, Distt. Sarguja | State Govt. of Chhattisgarh requested for appropriate action.     |
|   27 | Sh. Ghathya, Vill. Sarai, Distt. Khandva, M.P.                                                 | Madhya Pradesh | Rejection of individual claims                                               | State Govt. of Madhya Pradesh requested for appropriate action.   |
|   28 | Sh. Jedu Singh Netam, Gondwana Mahasabha, Ditt. Balaghat, M.P.                                 | Madhya Pradesh | Reg. approving the Divine Land as a community right.                         | State Govt. of Madhya Pradesh requested for appropriate action.   |
|   29 | 65 applications from different villagers of Ratlam Distt. of M.P.                              | Madhya Pradesh | Regarding disposing off of long pending claims and objections under FRA      | State Govt. of Madhya Pradesh requested for appropriate action.   |