Odisha
,
Chhorigarh
,
Kalahandi
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Villagers in Odisha Protest Against Plantations on Community Forest Land
Reported by
Sanghamitra Dubey
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
Households affected
979
People Affected
Year started
86
Land area affected
Households affected
979
People Affected
Year started
86
Land area affected
Key Insights
Sector
Conservation and Forestry
Reason/Cause of conflict
Plantations
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In Chhorigarh village located in Dharamgarh Tehsil, Kalahandi, Odisha, the Gram Sabha has already recognised Community Forest Rights for over 212.40 acres of land under the Forest Rights Act. Ignoring this, the forest department took up plantation of species like teak and acacia under The Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA) funds on the concerned land without the consent of the village residents. Only a few members of the community were orally informed about the programme. The land was then fenced off and grazing restricted. When LCW spoke to villagers in Chhorigarh in October 2021, they said that members of the gram sabha had written petitions to the chief secretary and district administration, after which the forest department stopped planting new trees.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

Forest

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

Why did the conflict end?

Author
Reported by
Sanghamitra Dubey

Odisha

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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Fact sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Complaint against procedural violations

Villagers in Odisha Protest Against Plantations on Community Forest Land

Reported by

Sanghamitra Dubey

Legal Review by

Edited by

Updated by

Updated by

Published on

October 18, 2017

May 17, 2022

Edited on

October 18, 2017

Sector

Conservation and Forestry

Reason or Cause of Conflict

Plantations

Starting Year

Land Area Affected (in Hectares)

86

ha

Households Affected by Conflict

People Affected by Conflict

979

State

Odisha

Sector

Conservation and Forestry

People Affected by Conflict

979

Households Affected by Conflict

Land Area Affected (in Hectares)

86

ha

Starting Year

Location of Conflict

Chhorigarh

Kalahandi

Reason or Cause of Conflict

Plantations

Land Conflict Summary

In Chhorigarh village located in Dharamgarh Tehsil, Kalahandi, Odisha, the Gram Sabha has already recognised Community Forest Rights for over 212.40 acres of land under the Forest Rights Act. Ignoring this, the forest department took up plantation of species like teak and acacia under The Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA) funds on the concerned land without the consent of the village residents. Only a few members of the community were orally informed about the programme. The land was then fenced off and grazing restricted. When LCW spoke to villagers in Chhorigarh in October 2021, they said that members of the gram sabha had written petitions to the chief secretary and district administration, after which the forest department stopped planting new trees.

Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

Type of Common Land

Forest

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Forest and Scheduled Area Governance Laws

Legislations/Policies Involved

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Whether claims/objections were made as per procedure in the relevant statute

What was the claim(s)/objection(s) raised by the community?

What was the Decision of the Concerned Government Department?

Legal Processes and Loopholes Enabling the Conflict:

Non-implementation/violation of FRA

Lack of legal protection over land rights

Violation of free prior informed consent

Legal Status:

Out of Court

Status of Case In Court

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

Case Number

Main Reasoning/Decision of court

Major Human Rights Violations Related to the Conflict:

No items found.

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Government Departments Involved in the Conflict:

Odisha State Forest Department

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

Image Credit:  

Image Credit:  

Video

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