Legal Data by
January 4, 2017
January 4, 2017
January 4, 2017
At least 52 families in Burlubaru village in Odisha's Kandhamal district have received titles over 50 hectares (ha) of forestland in under the Forest Rights Act (FRA). The families belong to the Kutia Kondh community, a particularly vulnerable tribal group (PVTG). They have been cultivating tubers, fruit, millets and other indigenous crops on the land for several generations. Conflict began when the forest department began carrying out teak plantations on their cultivated land without the community's consent. The plantations are being carried out under schemes such as the Odisha Forestry Sector Development Project (externally aided project supported by Japan International Cooperation Agency), Compensatory Afforestation Fund Management and Planning Authority (CAMPA) and the Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA). In a Gram Sabha meeting in September 2015, the villagers passed a resolution against the plantations, stating that the forced plantations will have adverse impacts on the livelihoods of the forest dwellers and biodiversity.
The villagers have communicated their grievances to various government authorities, including the National Human Rights Commission (NHRC), following which the NHRC visited the area and submitted a report to the government. The report confirmed that the plantations were in fact being done on land where tribals had FRA rights over.
The forest department, however, claimed the plantations were taken up with the help of Vana Samrakhshan Samity (a joint committee of forest department and village residents), after "thorough discussion with the villagers," and there was no case of forcible plantation. However, villagers insist that this is a clear violation of their rights under FRA. Despite the protest by the villagers, the forest department is continuing the plantation.
When Land Conflict Watch reached out to residents of Burlubaru in October 2021, they stated that after the intervention by NHRC, the SC and ST Development Department had also issued a letter to the district collector and the Integrated Tribal Development Agency (ITDA) regarding the issue. For the last 3 three years, no plantation drive has been initiated by the forest department. However, the village is still waiting for the recognition of their Habitat Rights under the Forest Rights Act, which they had claimed in the year 2015.
Demand for legal recognition of land rights
Demand to retain/protect access to common land/resources
Complaint against procedural violations
Total investment involved (in Crores):
Type of investment:
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
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
Scheduled Tribe status or lack of status
Violation of free prior informed consent
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)
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Complaints/petitions/letters/memorandums to officials
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: