 "Centre seeks Chhattisgarh's clarification on cancellation of community forest rights")
The Ministry of Tribal Affairs had sought clarification from the Chhattisgarh government over cancellation of community forest rights given to the tribals in Ghatbarra of Sarguja district.
In a letter dated January 8, 2016, the authorities cited the reason that tribals were exercising rights, which was coming in the way of mining in Parsa East and Kete Besan coal blocks. Adani Mining is working as Mine Developer and Operator (MDO) in the blocks that had been originally allotted to state-owned Rajasthan Vidyut Utpadan Nigam (RVUNL).
The Hasdeo Arand Bachao Sangharsh Samiti (HABSS) contended the state government’s move and brought the matter to the notice of Ministry of Tribal Affairs (MoTA) and the environment ministry, which had granted approval for diversion of tribal land for mining purpose in Ghatbarra village that covered a major portion of the coal mines.
Interestingly, the Ministry of Environment had approved the diversion of forest land for the coal mine in March 2012, while the community forest rights (CFR) was granted only in September 2013. This despite both the environment ministry and tribal affairs ministry categorically stating in circulars and guidelines that forest diversion cannot come into effect till the process of recognition of rights is complete.
Residents of Ghatbarra had written to the authorities concerned in February 2012, stating that recognition of rights was pending and hence diversion should not be allowed. The rights were the livelihood that the forest dwelling community had been historically carrying out in the area, including collection of non-timber forest produce (NTFP).
The MoTA in its letter to the Chief Secretary of Chhattisgarh had asked to “ascertain the factual position in this regard along with the provision of the Law under which cancellation has been made and intimate this Ministry at the earliest”. The ministry observed that the reason for cancellation of the community title by saying that the forest land was already diverted before the issue of community title to Ghatbarra is not a ground for cancellation of the title and cannot be accepted.
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State officials said they were examining the letter received from the Centre.
Samiti’s Alok Shukla, who collected the information through the Right to Information (RTI) Act, said the note sheet carrying remarks of the top officials also emphatically stated that Forest Rights do not provide for cancellation of any rights recognised under the Forest Rights Act. Therefore, canceling the community title is a violation of the law.