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Legal Review by
Edited by
Updated by
Published on
September 15, 2016
May 17, 2022
Edited on
September 15, 2016
Melghat was declared a tiger reserve in 197374 and was later notified as a critical tiger habitat (CTH) in 2007 under the new Wildlife Protection (Amendment) Act, 2006. The entire reserve is spread over 2,029 square kilometres, of which 1,500 square kilometres is CTH. The core area comprises many tribal villages.
Bori, Kund and Koha villages were relocated in 2001. The relocation of Vairat, Churni and Dhargad villages started in 2003 and were completed in 2012.
The conflict started in May 2007 as tensions began to grow after the government passed a resolution demanding the relocation of 87 villages from the core area. The government offered them compensation as per a policy proposed by the National Tiger Conservative Authority, which would compensate every eligible family with INR 10 lakh. Additionally, the Maharashtra government promised to compensate the land owners with an amount equal to the value of their land. But the tribal families wanted to reclaim their land under the Forest Rights Act (FRA), 2006. In many cases, their rights were rejected and they were forcibly relocated as "encroachers".
The tribes accused the forest department of not letting them cultivate on their agricultural land. The revenue department asked the local talathi (a person who maintains the revenue record of the village) to investigate. But largescale discrepancies crept in. Forest dwellers who had occupied land prior to 2005 were not allotted land while some who settled after 2005 received land for cultivation. In 2017, a group of 1,200 tribal from eight villages, who were relocated five years ago, returned to the forests and occupied the place for 36 hours, demanding rehabilitation facilities and better compensation.
In an academic paper by Elenora Fanari (2019), a total of 1,360 families got displaced after 2008. According to a 2016 report, about 19 villages remain to be rehabilitated from the core area.
In January 14, 2019, the tribal people expressed their unhappiness at the compensation petitioned to the district collector's office and the forest department. They demanded the forest department to return their land. On January 22, a protest turned violent after which the state reserve police force and riot control police force were deployed. The police arrested 20 protesters. The relocation is said to be in progress, and so is the continuous resistance by tribal people to seek back their land.
Despite the rejection of some claims, the District Level Committee (DLC) granted community forest rights and fishing rights on over 3,000 hectares within the tiger reserve. The Melghat Tiger Reserve officials have expressed their discontent over this decision.
In June 2020, the DLC again recognised individual forest claims of 76 people in Semadoh village within the reserve under the FRA. However, environmental activists have opposed this move and have demanded their resettlement outside the reserve area.
Demand for legal recognition of land rights
Demand for rehabilitation
Demand to get back acquired land
Demand to retain/protect access to common land/resources
Refusal to give up land for the project
Demand for more compensation than promised
Protection against forced eviction, Demand for more compensation and rehabilitation if evicted.
Rural
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?
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
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?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Forest and Scheduled Area Governance Laws, Other, Central/State Government Policy
Legislations/Policies Involved
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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.
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.
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.
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.
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.
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-implementation/violation of FRA
Forced evictions/dispossession of land
Lack of legal protection over land rights
Non-implmentation/violation of PESA
Non-rehabilitation of displaced people
Land record discrepancies
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Yes
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Bombay; Supreme Court
Case Number
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Torching of houses
Sexual violence/sexual harassment
Arrest/detention/imprisonment
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
2015: Forest deprtament officials reportedly burnt down a hut built over forest land; 2016: In April, a forest officer was arrested on rape charges; 2019: A protest in January turned violent after which the state reserve police force and riot control police force were deployed. The police arrested 20 protesters.
Date of Violation
Location of Violation
Nature of Protest
Land occupation
Government Departments Involved in the Conflict:
Forest department, National Board for Wildlife
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:
http://indianexpress.com/article/cities/pune/talegaon-villagers-reap-crores-after-land-acquisition/
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?
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