(a) whether encroachments made on the forest land prior to enactment of the Forest (Conservation) Act, 1980 have
not been regularised so far;
(b) if so, the area yet to be regularised, State-wise;
(c) the reasons for not regularising the same;
(d) whether the Government proposes to regularise such encroachments; and
(e) if so, the criteria proposed to be adopted in this regard?
MINISTER OF ENVIRONMENT AND FORESTS (SHRI T.R. BAALU)
(a) to (d) Government had received proposals for regularization of pre-1980 eligible encroachments from States
of Arunachal Pradesh, Gujarat, Karnataka, Madhya Pradesh, Kerala, Orissa, Rajasthan and Andaman & Nicobar islands. The
Government has regularized pre-1980 eligible encroachments over around 3.66 lakh hectares of forest area, in respect of
these States. Some proposals of Orissa and Rajasthan could not be considered as the Supreme Court has, in the meantime,
restrained Union of India from further regularization of encroachments on forest lands vide their order dated 23-11-2001.
(e) Government had issued detailed guidelines for regularization of pre-1980 eligible encroachments as
well as eviction of all in-eligible encroachments on 18th September, 1990, which clearly lay down the criteria
adopted for the purpose. A copy of these guidelines is enclosed as an Annexure.
ANNEXURE REFERRED TO IN THE REPLY TO PART (e) OF THE LOK SABHA UN-STARRED QUESTION NO. 1884
BY SHRI NAMDEO HARBAJI DIWATHE REGARDING `REGULARISATION OF ENCROACHMENTS ON FOREST LAND` DUE FOR REPLY ON 15-12-2003.
GUIDELINES FOR REGULARISATION OF ENCROACHMENTS ON FOREST LAND
Encroachment of forest land for cultivation and other purposes continues to be the most pernicious
practice endangering forest resources throughout the country. Statistical information compiled by Ministry of
Agriculture during early 1980s revealed that nearly 7 lakh hectares of forest land was under encroachment in the
country about a decade back. This is despite the fact that prior to 1980, a number of States had regularised such
encroachments periodically and approximately 43 lakh hectares of forest land was diverted for various purposes
between 1951 and 1980, more than half of it for agriculture. The decisions of the State Government to regularise
encroachments from time to time seem to have acted as strong inducement for further encroachments in forest areas
and the problem remained as elusive as ever for want of effective and concerted drive against this evil practice.
2 The National Forest Policy, 1988 has also observed the increasing trend in encroachments on forest
land and stated that these should not be regularised. Implementation of this pronouncement has been examined
by this Ministry keeping in view the constraints of various State Governments some of whom have expressed that
they stand committed to regularise encroachments of a period prior to 1980. The issue figured prominently in
the Conference of the Forest Ministers held in May, 1989 and was later examined by an inter-Ministerial
Committee, set up by this Ministry in consultation with the representatives of some of the States. Keeping in
view the recommendations of the Forest Ministers` Conference and the Committee referred to above, and with due
approval of the competent authority, the following measures are suggested for review of the old encroachments
and effective implementation of the pronouncement made in this regard in the National Forest Policy, 1988.
2.1 All the cases of subsisting encroachments where the State Governments stand committed to regularise on
account of past commitments may be submitted to this Ministry for seeking prior approval under the
Forest (Conservation) Act, 1980. Such proposals should invariably conform to the criteria given below:
1. PRE-1980 ENCROACHMENTS WHERE THE STATE GOVERNMENT HAD TAKEN A DECISION BEFORE ENACTMENT OF THE
FOREST (CONSERVATION) ACT, 1980, TO REGULARIZE `ELIGIBLE` CATEGORY OF ENCROACHMENTS.
1.1 Such cases are those where the State Governments had evolved certain eligibility criteria in accordance
with local needs and conditions and had taken a decision to regularise such encroachments but could not implement
their decision either wholly or partially before the enactment of the Forest (Conservation) Act, on 25.10.80.
1.2 All such cases should be individually reviewed. For this purpose the State Government may appoint a joint
team of the Revenue, Forest and Tribal Welfare Department for this work and complete it as a time-bound programme.
1.3 In case where proposals are yet to be formulated, the final picture after taking into considerations all
the stipulations specified here may be placed before the concerned Gaon Sabha with a view to avoid disputes in future.
1.4 All encroached lands proposed for regularisation should be properly surveyed.
1.5 Encroachments proposed to be regularised must have taken place before 25.10.1980. This must be ascertained
from the First Offence Report issued under the relevant Forest Act at that point of time.
1.6 Encroachments must subsist on the field and the encroached land must be under continuous possession of
the encroachers.
1.7 The encroacher must be eligible to avail the benefits of regularisation as per the eligibility criteria
already fixed by the State.
1.8 As far as possible scattered encroachments proposed to be regularised should be consolidated/relocated near
the outer boundaries of the forests.
1.9 The outer boundaries of the areas to be denotified for regularisation of encroachments should be demarcated
on the ground with permanent boundary marks.
1.10 All the cases purposed to be regularised under this category should be covered in one proposal and it should
give district-wise details.
1.11 All cases of proposed regularisation of encroachments should be accompanied by a proposal for compensatory
afforestation as per existing guidelines.
1.12 No agricultural practices should be allowed on certain specified slopes.
2. `INELIGIBLE` CATEGORY OF PRE-1980 ENCROACHMENTS WHERE THE STATE GOVERNMENTS HAD TAKEN A DECISION PRIOR TO
THE ENACTMENT OF THE FOREST (CONSERVATION) ACT, 1980.
2.1 Such cases should be treated at par with post 1980 encroachments and should not be regularised.
3. ENCROACHMENTS THAT TOOK PLACE AFTER 24.10.1980.
3.1 In no case encroachments which have taken place after 24.10.1980 should be regularised. Immediate
action should be taken to evict the encroachers. The State/UT Government may, however, provide alternate economic
base to such persons by associating them collectively in afforestation activities in the manner suggested in this
Ministry`s letter No. 6-21/89-FP dated 1.6.90, but such benefits should not extend to fresh encroachers.
CLARIFICATION
A reference is invited to the guidelines issued by this Ministry for regularisation of certain cases of forest
encroachments reproduced above. The relevant paragraph 1.1 of the guidelines, which clarifies the cases of encroachments,
which subject to specified conditions, would be eligible for regularisation, is reproduced below:
`Such cases are those where the State Governments had evolved certain eligibility criteria in accordance with local
needs and conditions and had taken a decision to regularise such encroachments but could not implement their decisions
either wholly or partially before enactment of the Forest (Conservation) Act on 25.10.1980.
2. Doubts have been raised as to whether all encroachments that had taken place up to 25.10.1980 could be
regularised in accordance with an eligibility formula by which some earlier encroachments were regularised.
3. A perusal of the paragraph reproduced above will make it clear that there are 2 pre-conditions for any
encroachments to be considered for regularisation. These are:-
(a) The State Government should have taken the decision on regularisation of encroachments before 25.10.1980; and
(b) That the decision should be with reference to some eligibility criteria (normally expected to be related
to social and economics status of encroachers, location and extent of encroachment, cut off date of encroachment, etc.)
4. It would be seen that the encroachments which are proposed to be considered for regularisation, subject to the
prescribed conditions, are those which fulfilled the eligibility criteria evolved by the State Government as per decision
taken before 25.10.1980 for regularisation of encroachments. The objective is limited to permitting implementation
of decisions taken before 25.10.1980 which could not be implemented because the enactment of Forest (Conservation)
Act, 1980 intervened. It is therefore quite clear that while all encroachments that can be considered as eligible
for regularisation would have taken place before 25.10.1980, all encroachments that had taken place before 25.10.1980
would not be eligible for regularisation - they may be ineligible because either they do not meet the eligibility
criteria or are not covered by any decision taken before 25.10.1980. Thus, if the decision on regularisation of
encroachments in a State covered only encroachments up to a date earlier than 25.10.1980, the guidelines on
regularisation of encroachments do not envisage that the State Government would now survey encroachments between
that date and 25.10.1980 and propose regularisation. The latter encroachments though occurring before 25.10.1980
are not covered by any regularisation decision taken prior to that date and hence can not be considered for regularisation
at this juncture.
5. Accordingly, the State Governments may take up for implementation only such decision of pre 25.10.1980 period
which could not be implemented because of Forest (Conservation) Act, 1980 intervening and propose regularisation of
encroachments as per those decisions and in accordance with the eligibility criteria laid down in those decisions.
No encroachments not covered by any pre 25.10.1980 decisions - even though they might have occurred prior to that - should
now be considered for regularisation in terms of our guidelines.