Undermining FRA Claims Odisha Forest Department Set Plantation on Traditional Land

Reported by

Sanghamitra DubeyLand Conflict Watch

Last updated on

February 8, 2021

Location of Conflict

Barkote block

Deoghar

This is A Schedule Five District

Reason or Cause of Conflict

Plantations

(

)

People Affected by Conflict

418

Land Area Affected (in Hectares)

769

ha

Starting Year

2011

State

Odisha

Sector

Conservation and Forestry

Brahmunidei village is situated in Barkote block of Deogarh district. From the village 84 eligible forest dwellers have filed the claim for Individual Forest Rights (IFR) under the Forest Rights Act (FRA) in sub-district level committee. Out of which 11 got have received the titles. The village Gram Sabha has also filed Community Rights and Community Forest Rights (CR/CFR) claims, which are yet to be recognized. Meanwhile, Forest Department set plantation over the land claimed by the village residents under FRA, without informing the Gramsabha which is a violation of Forest Rights Act 2006. To further complicate the issue for the residents Forest Department picked up a few members of Van Suraksha Samiti (VSS) to carry the plantation process in the village, which created difference among the village residents. Gram Sabha members are now preparing to take this matter to the court by filing a petition against the departments' move.

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?

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Categories of Legislations Involved in the Conflict

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 Department, Government of 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

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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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