Maharashtra Government Leases Forestland Without Consent of Community in Wadsa, Gadchiroli

Reported by

Land Conflict WatchLand Conflict Watch

Last updated on

May 20, 2020

Location of Conflict

Dongargaon Gat Gram Panchayat

Gadchiroli

This is a Left Wing Extremism Affected District

This is A Schedule Five District

Reason or Cause of Conflict

Plantations

(

)

People Affected by Conflict

Land Area Affected (in Hectares)

3000

ha

Starting Year

2016

State

Maharashtra

Sector

Conservation and Forestry

In January 2016, the Forest Development Corporation of Maharashtra (FDCM)-Brahmapuri Division started felling trees for plantation in the Wadsa range (the area between Desaiganj, Kurkheda, Armori and Vairagad), which falls under the Fifth Schedule. The forest in this range has a tree canopy density of more than 40 per cent and, hence, cannot be felled under the Forest Conservation Act, 1980. Farmers in the area had filed claims for community forest rights under the Forest Rights Act (FRA) in 2011, and some of them have also been given land titles. Under the FRA, the consent of the Village Assembly is required before diverting forestland. The Maharashtra Forest Department violated the law and leased 3,000ha of forestland to the FDCM for regeneration, which then began felling the forest trees. The affected communities passed Village Assembly resolutions opposing the transfer and also filed complaints to the district collector as well the forest department. In April 2016, a public interest litigation was filed in the Nagpur High Court. Despite a stay order by the court, the FDCM continued felling trees. The case was transferred to the National Green Tribunal-Pune bench in 2017. The matter is now sub-judice. The petition was filed by the second-in-command of the Dongargaon Gat Gram Panchayat, comprising three villages, although the felling of trees will affect 18 villages. The tribals and other forest dwellers are dependent on the forest resources for their food and livelihood as well as for medicines and materials to build their houses. Environmental lawyer Ritwick Dutta is representing the case in the Supreme Court.

Demand/Contention of the Affected Community

Region Classification

Type of Land

Common

Type of Common Land

Forest

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Has the Conflict Ended?

When did it end?

Why did the conflict end?

Categories of Legislations Involved in the Conflict

Forest Rights Act of 2006

Legislations/Policies Involved

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:

Legal Status:

Status of Case In Court

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

Case Number

Major Human Rights Violations Related to the Conflict:

Whether criminal law was used against protestors

Official name of the criminal law. Did the case reach trial?

Reported Details of the Violation:

Date of Violation

Location of Violation

Nature of Protest

Government Departments Involved in the Conflict:

Forest Development Corporation of Maharashtra, Ministry of Environment, Forests and Climate Change (MoEF), Maharashtra 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?

Name, Designation and Comment of Corporate Authorities Approached

Other Parties Involved in the Conflict:

Resources Related to Conflict

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No Images Available

Documented By

Land Conflict Watch

Reviewed By

Land Conflict Watch

Updated By

Land Conflict Watch

Edited By

Land Conflict WatchLand Conflict Watch
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