Uttarakhand
Haridwar, Dehradun
,
Khatima
,
Nainital
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Uttarakhand's Tongia villages win battle for revenue status under FRA
Reported by
Surabhi Bhandari
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
Households affected
4236
People Affected
1970
Year started
222
Land area affected
Households affected
4236
People Affected
1970
Year started
222
Land area affected
Key Insights
Sector
Conservation and Forestry
Reason/Cause of conflict
Forest Administration (Other than Protected Areas)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Pachoria, Rampur, Pantha Goth and Purushotam are recognised as Tongiya villages in Nainital district. Tongia is a method of plantation initiated by the British for plantation in the tarai (hill) areas, wherein people would move from place to place for plantation activities, mostly in the forest areas. They worked for decades to regenerate forests that were destroyed by the British until a forest conservation law in 1980 prohibited them from living and working in forest areas.  

Around 223 people in these villages were granted 4,200 acres of land in the forests for the purpose of livelihood. They were promised land in some other place within a few years, but the forest department did not keep its word and instead began plantation activities on that land. Meanwhile, the villagers could not claim rights over the land that was initially allotted to them as it was officially forestland. In 2008, they filed claims under the Forest Rights Act, 2006, but these claims are still pending. “Look at the irony. The forest builders became forest encroachers,” says Hari Singh, a Tongia activist from Haripur village.

The villagers have also demanded revenue status for their village. Such as status will enable van grams, or forest villages, to get defined borders and access development schemes for basic facilities, besides the setting up of schools, health clinics and village council (panchayat).

In 2018, the Uttar Pradesh government set a precedent by recognising 29 Tongia villages as revenue villages. The people of the Tongia villages in Uttarakhand, with the help of the All India Union of Forest Working People, worked diligently to obtain all relevant documents required to establish revenue status. In 2023, their efforts bore fruit as 12 villages in the state were approved for revenue status.

These include Sattiwala, Dalip Nagar, Balkunwari and Chandi of Dehradun district; Haripur, Purushottamnagar, Kamlanagar, Rasoolpur and Tira Tongia of Haridwar District; and Leti, Chopra and Rampur of Nainital district. Bagga-54 has not met the standards for conversion. Hazara Tongia Village is within the Rajaji National Park and will be accorded revenue status after displacement.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

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?

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

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Other Natural Resource extraction/dependence, Residential area, Grazing

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

November 2023

Why did the conflict end?

Community's original demands were met

After decades of struggle for their rights, 12 villages have been accorded revenue village status. These includeSattiwala, Dalip Nagar, Balkunwari and Chandi of Dehradun district; Haripur, Purushottamnagar, Kamlanagar, Rasoolpur and Tira Tongia of Haridwar District; and Leti, Chopra and Rampur of Nainital district. Bagga-54 has not met the standards for conversion. Hazara Tongia Village is within the Rajaji National Park and will be accorded revenue status after displacement.

Author
Reported by
Surabhi Bhandari

Uttarakhand

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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Fact sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

Uttarakhand's Tongia villages win battle for revenue status under FRA

Reported by

Surabhi Bhandari

Legal Review by

Edited by

Updated by

Updated by

Published on

October 21, 2016

July 15, 2024

Edited on

October 21, 2016

Sector

Conservation and Forestry

Reason or Cause of Conflict

Forest Administration (Other than Protected Areas)

National Park

Starting Year

1970

Land Area Affected (in Hectares)

222

ha

Households Affected by Conflict

People Affected by Conflict

4236

State

Uttarakhand

Sector

Conservation and Forestry

People Affected by Conflict

4236

Households Affected by Conflict

Land Area Affected (in Hectares)

222

ha

Starting Year

1970

Location of Conflict

Khatima

Haridwar, Dehradun

Nainital

Reason or Cause of Conflict

Forest Administration (Other than Protected Areas)

National Park

Land Conflict Summary

Pachoria, Rampur, Pantha Goth and Purushotam are recognised as Tongiya villages in Nainital district. Tongia is a method of plantation initiated by the British for plantation in the tarai (hill) areas, wherein people would move from place to place for plantation activities, mostly in the forest areas. They worked for decades to regenerate forests that were destroyed by the British until a forest conservation law in 1980 prohibited them from living and working in forest areas.  

Around 223 people in these villages were granted 4,200 acres of land in the forests for the purpose of livelihood. They were promised land in some other place within a few years, but the forest department did not keep its word and instead began plantation activities on that land. Meanwhile, the villagers could not claim rights over the land that was initially allotted to them as it was officially forestland. In 2008, they filed claims under the Forest Rights Act, 2006, but these claims are still pending. “Look at the irony. The forest builders became forest encroachers,” says Hari Singh, a Tongia activist from Haripur village.

The villagers have also demanded revenue status for their village. Such as status will enable van grams, or forest villages, to get defined borders and access development schemes for basic facilities, besides the setting up of schools, health clinics and village council (panchayat).

In 2018, the Uttar Pradesh government set a precedent by recognising 29 Tongia villages as revenue villages. The people of the Tongia villages in Uttarakhand, with the help of the All India Union of Forest Working People, worked diligently to obtain all relevant documents required to establish revenue status. In 2023, their efforts bore fruit as 12 villages in the state were approved for revenue status.

These include Sattiwala, Dalip Nagar, Balkunwari and Chandi of Dehradun district; Haripur, Purushottamnagar, Kamlanagar, Rasoolpur and Tira Tongia of Haridwar District; and Leti, Chopra and Rampur of Nainital district. Bagga-54 has not met the standards for conversion. Hazara Tongia Village is within the Rajaji National Park and will be accorded revenue status after displacement.

Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

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

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Other Natural Resource extraction/dependence, Residential area, Grazing

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

November 2023

Why did the conflict end?

Community's original demands were met

After decades of struggle for their rights, 12 villages have been accorded revenue village status. These includeSattiwala, Dalip Nagar, Balkunwari and Chandi of Dehradun district; Haripur, Purushottamnagar, Kamlanagar, Rasoolpur and Tira Tongia of Haridwar District; and Leti, Chopra and Rampur of Nainital district. Bagga-54 has not met the standards for conversion. Hazara Tongia Village is within the Rajaji National Park and will be accorded revenue status after displacement.

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)(h) [Under this section, forest dwellers are entitled to claim revenue village status]; Section 4(2) [This section lays down stringent conditions that must be fulfilled before any forest dwellers are resettled or any of their rights are affected]; Section 6 [This section lays down the procedure to be followed in order to file claims under the Act]
Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012
Rule 12A(10) [This rule mandates all Sub-Divisional and District Level Committees to give detailed reasons if they reject a claim or recommendation regarding forest rights]; Rule 12B(4) [This rule mandates the District Level Committees to record reasons in the event that community forest rights are not recognised]
Ministry of Tribal Affairs Guidelines for conversion of forest villages into revenue villages under the Recognition of Forest Rights Act, 2006 dated November 8, 2013
These guidelines lay down a suggested procedure for conversion of forest villages into revenue villages.
Ministry of Tribal Affairs Guidelines dated July 12, 2012
Clause iii(d) [This section of the guidelines prescribes the state governments to take up conversion of forest villages into revenue villages urgently in a time-bound manner]
Wild Life (Protection) Act, 1972
38 (V) Tiger Conservation Plan, (4) (i) core or critical tiger habitat areas of National Parks and sanctuaries, where it has been established, on the basis of scientific and objective criteria, that such areas are required to be kept as inviolate for the purposes of tiger conservation,
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    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

Yes

What was the claim(s)/objection(s) raised by the community?

Forest right claimed under FRA (2006)

What was the Decision of the Concerned Government Department?

In 2023, the government has decided to convert 12 Tongia villages to revenue villages

Legal Processes and Loopholes Enabling the Conflict:

Non-rehabilitation of displaced people

Non-implementation/violation of FRA

Lack of legal protection over land rights

Legal Status:

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)

Case Number

Main Reasoning/Decision of court

Major Human Rights Violations Related to the Conflict:

No items found.

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Nature of Protest

Complaints/petitions/letters/memorandums to officials

Government Departments Involved in the Conflict:

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?

No

Communities/Local Organisations in the Conflict:

Complaints/petitions/letters/memorandums to officials

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

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