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Pastoral community in Gujarat's Banni opposes cheetah breeding centre

Reported by

Suchak Patel

Legal Review by

Anmol Gupta

Edited by

Anupa Sagar Kujur

Updated by

Published on

April 23, 2024

May 23, 2024

Edited on

May 15, 2024

April 23, 2024

State

Gujarat

Sector

Conservation and Forestry

People Affected by Conflict

45000

Households Affected by Conflict

7500

Land Area Affected (in Hectares)

500

ha

Starting Year

Location of Conflict

Hodka

Kutcch

Reason or Cause of Conflict

Protected Areas

Land Conflict Summary

The Gujarat government's plan to set up a cheetah breeding and conservation centre at Banni grasslands is facing opposition from the pastoral community, the Maldharis, in the region.

Stating that the Union government has approved the plan to set up the cheetah breeding centre in Banni, State Forest Minister Mulubhai Bera noted that Banni grassland used to be the habitat of cheetahs, which became extinct in the region over time.

A proposal for re-introducing cheetahs in the grasslands was scrapped due to low prey density in 2010. The Ministry of Environment from the Union Government had emphasised the need to restore the landscape before any cheetah introduction. However, the state government reportedly only removed invasive plants from the region.

The pastoral community has now raised concerns over the fresh development, fearing it might jeopardise their means of living. Maldharis are known for rearing high-yielding buffaloes and cows in the region for their livelihood.

Historically, Banni has served as open grazing land, sustaining the livelihoods of approximately 45,000 individuals, predominantly from the Maldhari pastoral community. The community has inhabited Banni's 48 villages for generations, alongside a substantial population of over 150,000 cattle.

Expressing their opposition to the cheetah breeding centre, the Banni Breeder Association (BBA) wrote a letter to the Chief Minister of Gujarat, stating that the introduction of predatory species like cheetahs could pose a significant threat to the freely roaming buffalo herds. The BBA also highlighted the absence of documented evidence supporting the historical presence of cheetahs in the area.

In the letter, the BBA also expressed dissatisfaction over the approval process for the cheetah breeding centre without their consultation and regard for their traditional rights. Further, they stressed the necessity of resolving land rights issues before initiating any such projects.

The Maldharis have been demanding community forest rights under the Forest Rights Act (FRA) for nearly a decade. In 2015, 16 gram panchayats governing Banni's grasslands in the Kutch district were granted Community Forest Rights (CFR) encompassing the entire grassland area spanning 2,500 square kilometers. The Maldhari community, however, never got titles formally recognising their traditional rights over the land. The forest and revenue departments could not come to an agreement over the grassland's status as either forest or revenue land as the grasslands have till date not been demarcated.

The Banni Pashu Uchherak Maldhari Sangthan had filed a complaint with the National Green Tribunal (NGT) concerning widespread encroachments within Banni's protected forests. They assert that these encroachments violate provisions outlined in the Forest Conservation (FC) Act and notifications issued by the Ministry of Environment, Forest, and Climate Change (MoEF&CC), in conjunction with the Forest Rights Act (FRA) of 2006. Following which, the NGT emphasised the need for demarcation of the area to properly address these grievances. However, no such exercise has been carried out yet.

An RTI response revealed that Gorewali and Chachala panchayats have so far written four letters to the Collector of Kutch, Bhuj and the Chief Minister of Gujarat.

On 12 December 2023, the Gorewali Sarpanch wrote a letter to the Collector Kutch for CM Gujarat expressing concerns over the introduction of a predator species in Banni grassland and questioning why no breeding center has been proposed for the majestic Great Indian Bustard (GIB) facing extinction. The Collector forwarded the letter to the Deputy Secretary of the Environment, Gandhinagar, on 11 January 2024.

Similarly, the Chachala Panchayat wrote a letter to the CM Gujarat and Collector Kutch on 9 February 2024 pointing out that about 4000 villagers rear 8,500 cattle for their livelihood and urged the government to cancel the project. They further stated that the forest department proceeded with the project without heeding to their concerns. The letter was forwarded to forest department officials on 29 February.

The Sarpanch of Chachala Panchayat also penned a letter to the Collector of Bhuj on 11 March 2024, expressing concern over the establishment of a proposed cheetah breeding centre. On 27 March, 2024, Bhuj Collector transferred this letter to the forest department.

Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand to cancel the project

Demand to retain/protect access to common land/resources

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

Project underway despite protests

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Grazing

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

20.5

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
Section 3(1)(a) [Forest rights of forest-dwelling tribes include the right to hold and live in the forestland as recognized.] Section 4(5) [Forest-dwelling tribes may not be removed from occupied forestland before registration and verification process is complete]
Wild Life (Protection) Act, 1972
Section 18 [State Government may declare, by notification, an area with ecological significance as a wildlife sanctuary. The notification must specify the territorial limits of the sanctuary as nearly as possible] Section 19 [Collector must make an inquiry into the nature of rights of any persons in or over the land notified as a sanctuary under Section 18] Section 21 [When notification has been issued under Section 18, the Collector must publish a notice within 60 days to every town or village in the area. Affected persons can claim their rights in writing as mentioned in Section 19] Section 22 [Collector to expeditiously inquire into any claims made to them] Section 24 [Collector must pass an order admitting or rejecting the claims made by affected parties] Section 25 [Land acquisition proceedings to follow the procedure laid out in the central land acquisition act. The collector must hear objections from affected parties and determine the compensation amount for the land acquisition proceedings]
  1. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  2. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  3. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  4. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  5. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  6. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  7. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

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-consultation with stakeholders

Non-implementation/violation of FRA

Legal Status:

In Court

Status of Case In Court

Disposed

Whether any adjudicatory body was approached

No

Name of the adjudicatory body

Name(s) of the Court(s)

National Green Tribunal

Case Number

O.A. 366/2018

Main Reasoning/Decision of court

Banni Pashu Uchherak Maldhari Sangthan filed an application before the NGT against the continuing non-forest activities in Banni grasslands in Kutch. On July 11, 2018, the Tribunal passed an interim order to prohibit such activities until further orders. In January 2019, the affected Gram Panchayats were made party to the dispute. On July 3, 2019, the Tribunal noted that despite notifications being passed from time to time, the exact demarcation of the grasslands had not been done on the ground. On this date, the NGT granted a period of four months to the state government to complete the demarcation and submit a report to the Tribunal. In the interim, no non-forest use or encroachment was to be allowed in the area. On May 20, 2021, the Tribunal took up the matter for final disposal. On this date, the Tribunal noted that several anti-encroachment measures had been taken by the state government in the interim. The Tribunal also noted that demarcation of outer boundary of Banni Grasslands was completed. However, the Tribunal did not issue any further directions regarding the same.

Major Human Rights Violations Related to the Conflict:

No items found.

Whether criminal law was used against protestors:

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Nature of Protest

No items found.

Government Departments Involved in the Conflict:

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

The Gujarat government's plan to set up a cheetah breeding and conservation centre at Banni grasslands is facing opposition from the pastoral community, the Maldharis, in the region.

Stating that the Union government has approved the plan to set up the cheetah breeding centre in Banni, State Forest Minister Mulubhai Bera noted that Banni grassland used to be the habitat of cheetahs, which became extinct in the region over time.

A proposal for re-introducing cheetahs in the grasslands was scrapped due to low prey density in 2010. The Ministry of Environment from the Union Government had emphasised the need to restore the landscape before any cheetah introduction. However, the state government reportedly only removed invasive plants from the region.

The pastoral community has now raised concerns over the fresh development, fearing it might jeopardise their means of living. Maldharis are known for rearing high-yielding buffaloes and cows in the region for their livelihood.

Historically, Banni has served as open grazing land, sustaining the livelihoods of approximately 45,000 individuals, predominantly from the Maldhari pastoral community. The community has inhabited Banni's 48 villages for generations, alongside a substantial population of over 150,000 cattle.

Expressing their opposition to the cheetah breeding centre, the Banni Breeder Association (BBA) wrote a letter to the Chief Minister of Gujarat, stating that the introduction of predatory species like cheetahs could pose a significant threat to the freely roaming buffalo herds. The BBA also highlighted the absence of documented evidence supporting the historical presence of cheetahs in the area.

In the letter, the BBA also expressed dissatisfaction over the approval process for the cheetah breeding centre without their consultation and regard for their traditional rights. Further, they stressed the necessity of resolving land rights issues before initiating any such projects.

The Maldharis have been demanding community forest rights under the Forest Rights Act (FRA) for nearly a decade. In 2015, 16 gram panchayats governing Banni's grasslands in the Kutch district were granted Community Forest Rights (CFR) encompassing the entire grassland area spanning 2,500 square kilometers. The Maldhari community, however, never got titles formally recognising their traditional rights over the land. The forest and revenue departments could not come to an agreement over the grassland's status as either forest or revenue land as the grasslands have till date not been demarcated.

The Banni Pashu Uchherak Maldhari Sangthan had filed a complaint with the National Green Tribunal (NGT) concerning widespread encroachments within Banni's protected forests. They assert that these encroachments violate provisions outlined in the Forest Conservation (FC) Act and notifications issued by the Ministry of Environment, Forest, and Climate Change (MoEF&CC), in conjunction with the Forest Rights Act (FRA) of 2006. Following which, the NGT emphasised the need for demarcation of the area to properly address these grievances. However, no such exercise has been carried out yet.

An RTI response revealed that Gorewali and Chachala panchayats have so far written four letters to the Collector of Kutch, Bhuj and the Chief Minister of Gujarat.

On 12 December 2023, the Gorewali Sarpanch wrote a letter to the Collector Kutch for CM Gujarat expressing concerns over the introduction of a predator species in Banni grassland and questioning why no breeding center has been proposed for the majestic Great Indian Bustard (GIB) facing extinction. The Collector forwarded the letter to the Deputy Secretary of the Environment, Gandhinagar, on 11 January 2024.

Similarly, the Chachala Panchayat wrote a letter to the CM Gujarat and Collector Kutch on 9 February 2024 pointing out that about 4000 villagers rear 8,500 cattle for their livelihood and urged the government to cancel the project. They further stated that the forest department proceeded with the project without heeding to their concerns. The letter was forwarded to forest department officials on 29 February.

The Sarpanch of Chachala Panchayat also penned a letter to the Collector of Bhuj on 11 March 2024, expressing concern over the establishment of a proposed cheetah breeding centre. On 27 March, 2024, Bhuj Collector transferred this letter to the forest department.

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand to cancel the project

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

Type of Common Land

Forest

Total investment involved (in Crores):

20.5

Type of investment:

Cost of Project

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

Legislations/Policies Involved

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
Section 3(1)(a) [Forest rights of forest-dwelling tribes include the right to hold and live in the forestland as recognized.] Section 4(5) [Forest-dwelling tribes may not be removed from occupied forestland before registration and verification process is complete]
Wild Life (Protection) Act, 1972
Section 18 [State Government may declare, by notification, an area with ecological significance as a wildlife sanctuary. The notification must specify the territorial limits of the sanctuary as nearly as possible] Section 19 [Collector must make an inquiry into the nature of rights of any persons in or over the land notified as a sanctuary under Section 18] Section 21 [When notification has been issued under Section 18, the Collector must publish a notice within 60 days to every town or village in the area. Affected persons can claim their rights in writing as mentioned in Section 19] Section 22 [Collector to expeditiously inquire into any claims made to them] Section 24 [Collector must pass an order admitting or rejecting the claims made by affected parties] Section 25 [Land acquisition proceedings to follow the procedure laid out in the central land acquisition act. The collector must hear objections from affected parties and determine the compensation amount for the land acquisition proceedings]
  1. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  2. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  3. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  4. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  5. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  6. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  7. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

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-consultation with stakeholders

Non-implementation/violation of FRA

Legal Status:

In Court

Status of Case In Court

Disposed

Whether any adjudicatory body was approached

No

Name of the adjudicatory body

Name(s) of the Court(s)

National Green Tribunal

Case Number

O.A. 366/2018

Main Reasoning/Decision of court

Banni Pashu Uchherak Maldhari Sangthan filed an application before the NGT against the continuing non-forest activities in Banni grasslands in Kutch. On July 11, 2018, the Tribunal passed an interim order to prohibit such activities until further orders. In January 2019, the affected Gram Panchayats were made party to the dispute. On July 3, 2019, the Tribunal noted that despite notifications being passed from time to time, the exact demarcation of the grasslands had not been done on the ground. On this date, the NGT granted a period of four months to the state government to complete the demarcation and submit a report to the Tribunal. In the interim, no non-forest use or encroachment was to be allowed in the area. On May 20, 2021, the Tribunal took up the matter for final disposal. On this date, the Tribunal noted that several anti-encroachment measures had been taken by the state government in the interim. The Tribunal also noted that demarcation of outer boundary of Banni Grasslands was completed. However, the Tribunal did not issue any further directions regarding the same.

Major Human Rights Violations Related to the Conflict:

No items found.

Whether criminal law was used against protestors:

Reported Details of the Violation:

Date of Violation

Location of Violation

Nature of Protest

No items found.

Government Departments Involved in the Conflict:

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:

Resources Related to Conflict

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

Image Credit:  

Image Credit:  

Documented By

Text Link

Reviewed By

Text Link

Updated By

Text Link

Edited By

Text LinkLand Conflict Watch

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