Non-implementation of forest Act irks MLAs

Lalit Mohan

Tribune News Service

Dharamsala, December 14

On a resolution moved by CPM MLA Rakesh Singha and Congress MLA Ashish Butail the house debated the implementation of the Forest Rights Act in the state. The members of the house lamented the fact that the Forests Rights Act 2006 was not being implemented in the state.

Rakesh Singha said that despite the fact that the Parliament enacted the Forest Rights Act in 2006, it was still not being implemented in the state. Since about 67 per cent of the area of Himachal Pradesh has been classified as forest area most of the residents of state have forest rights under the Act.

Citing a particular case Rakesh Singha said in Lahaul and Spiti an entire village was destroyed due to an avalanche. The residents of the village were settled on an alternative land that was now forest land. Even after residing for more than 30 years on the land the villagers are now facing eviction as their forest rights have not been settled by the state government.

He said in the Forests Rights Act three types of rights of forest dwellers had been recognized. These are developmental rights, community rights and individual rights. In Himachal the government has recognized the community rights under the forest Act as they were required for construction of roads. However, the individual rights of the people over forest lands have not been settled. There were 44,000 cases of Nautor land that have been pending since 1980 since the government has not implemented the Forests Rights Act, he said.

Ashish Butail said that the individual rights of the people over the forest lands were not being implemented as the bureaucracy was saying it was practically impossible. He said that many residents, who were staying on forest land that was being converted to Central University Himachal Pradesh (CUHP), have been evicted despite the fact that they staying there for the last three decades and had forest rights. The residents are now being forced to stay under open tents, he said.

Minister for Agriculture Ram Lal Markanda, while replying to the debate, said that the government was trying to settle the rights of the people under the Forests Rights Act. He said that 4,146 claims of the people have been received out of which 129 have been settled.

Cases pending since 1980

• Rakesh Singha said that despite that the Parliament enacted the Forest Rights Act in 2006, it was still not being implemented in the state. 
• Citing an example, Singha said in Lahaul an entire village was destroyed due to an avalanche. The residents of the village were settled on an alternative land that was now forest land. Even after residing for 30 years on the land the villagers are now facing eviction as their forest rights have not been settled.
• As many as 44,000 cases of Nautor land have been pending since 1980 as the government has not implemented the forest Act.