Plantation Over Community Forest Land Without Consent of Gramsabha

Reported by

Sanghamitra DubeyLand Conflict Watch

Last updated on

February 8, 2021

Location of Conflict

Kandhamal

This is a Left Wing Extremism Affected District

Reason or Cause of Conflict

Plantations

(

)

People Affected by Conflict

216

Land Area Affected (in Hectares)

100

ha

Starting Year

2016

State

Odisha

Sector

Conservation and Forestry

Pidikia is a village under G.Udayagiri block of Kandhamal district. The village residents have filed a claim of Community Forest Rights over 100 ha of forest land under the Forest Rights Act (FRA) in October 2016. The claims are still pending. Soon after the claim was filed, the forest department started the plantation in the area claimed by village residents for community forest rights. Within two months, the whole 100 ha area was fenced off by the forest department. The plantation was done under the Central Government's Compensatory Afforestation Scheme that allows the forest department to use the fund collected for plantation from the industries that use forestland for non-forest purpose. Due to the fencing, the community members are unable to enter the forest that has traditionally been used by them. The village residents claim this is a violation of their rights under FRA. They also allege that people in the village have been deprived of their basic livelihood options. Within the fenced area, there are 1 lakh Mahua trees on which all the households traditionally depended for earning. The plantation also stopped access to the community to their cremation ground and the grazing land. A focused group discussion with women, organized by Bhubneshwar-based nonprofit Vasundhara, revealed that due to fencing, the women were unable to collect Mahua and other medicinal plants which have resulted in the reduction of their yearly income. Gram Sabha members have filed a petition to the state tribal welfare department in January 2017 and demanded two things: a. Recognition of their Community Forest Rights as per their claims and b. No fencing and no commercial species plantation in that land. The tribal welfare department has issued a letter to the district collector following which an inquiry report on the matter has been submitted to the department.

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:

Non-implementation violation of the FRA

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 Department Odisha

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

Sanghamitra Dubey

Reviewed By

Sanghamitra Dubey

Updated By

Sanghamitra Dubey

Edited By

Sanghamitra DubeyLand Conflict Watch
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