(a) the action taken to give ownership rights of the land to the tribals who are in possession of the land for the last 25 to 30 years;
(b) whether Government have formulated any action-plan to give ownership rights to the tribals living in such forest areas for the last twenty years or so;
(c) if so, whether the plan has been implemented; and
(d) if not, the reasons therefor?
MINISTER OF STATE IN THE MINISTRY OF ENVIRONMENT AND FORESTS
(SHRI BABU LAL MARANDI)
(a), (b), (c) & (d)
As per the provisions of the Forest (Conservation) Act, 1980 which came into effect on 25.10.1980, no State Government or other authority can make, except with the prior approval of the Central Government, any order directing de-reservation of forest land and/or its use for non-forestry purposes.
The cases in which specific orders for de-reservation or diversion of forest areas in connection with any project including cultivation were issued by the State Government prior to 25.10.1980, the approval of the Central Government will not be necessary. However, any forest land that has been or is being utilised for any non-forestry purpose including cultivation without the approval of the State Government before 25.10.1980 or the approval of the Central Government after 25.10.1980, is an encroachment and violates the provisions of the Forest (Conservation) Act, 1980.
However, as per various Guidelines & Rules framed under the Forest (Conservation) Act, 1980, a provision exists for regularisation of pre-1980 encroachments where the State Government had taken a decision before enactment of the Forest (Conservation) Act, 1980, to regularise encroachments of eligible category as per the certain criteria evolved by the State Government in accordance with local needs and conditions but could not implement their decision before the commencement of the Act.