Gram Sabha resolution for diversification of Forest Land a must: Minister

NEW DELHI: Minister of State for Tribal Affairs Bishweswar Tudu answering a question by MP Rajya Sabha Er. Gulam Ali Khatana on Forest Rights Act stated that Land and its management falls under the exclusive legislative and administrative jurisdiction of States as provided under the Constitution of India [Seventh Schedule - List ii (State List) - Entry No. (18)] ‘The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (In short FRA) seeks to recognize and vest the forest rights and occupation in forest land in Forest Dwelling Scheduled Tribes and Other Traditional Forest Dwellers who have been residing in such forests for generations but whose rights could not be recorded.

The Minister said as per FRA and rules made there under State Governments / UT Administrations are responsible for implementation of various provisions of the Act. Sub-section (2) of Section 3 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 provides that notwithstanding anything contained in the Forest (Conservation) Act, 1980, the Central Government shall provide for diversion of forest land for certain facilities managed by the Government, as specified in that Section, which involve felling of trees not exceeding seventy-five trees per hectare, provided that such diversion of forest land shall be allowed only if, - i. the forest land to be diverted for the purposes mentioned in the said sub-section is less than one hectare in each case; and ii. the clearance of such developmental projects shall be subject to the condition that the same is recommended by the Gram Sabha.

However, the details regarding cases of land diversification is not centrally maintained in this Ministry. As per the guidelines issued by the Ministry dated 18th May 2009 in consultation with Ministry of Environment and Forest with regard to seeking prior approval for diversion of forest land for non-forest purpose under Section 3(2) of FRA, the user agency (a department of the Central or State Government or District Panchayat making a request for diversion of forest land
for development project) is required to submit resolution adopted by the Gram Sabha to Range Forest Officer (RFO), who in three months time will record his views and submit to District Forest Officer (DFO) and DFO in turn, will have to communicate his decision in four weeks from the date of receipt of proposal from RFO, Minister replied.

MP Rajya Sabha Er Gulam Ali Khatana had sought details regarding the comprehensive update on the number of cases of land diversification processed under the Forest Rights Act (FRA) 2006 across India, specifying the progress made in each state; the details of copies of the pilot projects initiated under the FRA for land diversification, along with documented success stories, to offer insight into the effectiveness of these initiatives; and whether there is any predetermined time schedule for obtaining a clearance from the relevant agencies for land diversification projects under the FRA, if so, the details on established timelines and any measures taken to ensure timely approvals?