New Delhi: The Union environment ministry has asked states and UTs to begin the process of demarcating forest boundaries digitally in keeping with its order in a 2011 case in a move that it expects to help address issues such as misclassification of forest areas, prevent encroachments, and resolve overlapping claims under the Forest Rights Act, 2006 .
The case, Lafarge Umiam Mining Pvt. Ltd. vs. Union of India & Ors dealt with environmental clearance conditions for limestone mining in Meghalaya, and the order addressed a number of issues related to environmental governance in India. It ordered the creation and regular updating of a GIS based decision support database with coordinates of forests as defined in the Forest (Conservation) Act, 1980; the core, buffer and eco-sensitive zone of the protected areas constituted as per the provisions of the Wildlife (Protection) Act, 1972; the important migratory corridors for wildlife; and forest land diverted in the past.
Since 2011, only Odisha has completed more than 90% of the settlement and digitisation process, according to environment ministry officials. “States and UTs like Assam, Andaman & Nicobar, Uttarakhand, UP, Jharkhand, Bihar, Meghalaya, Telangana, Tamil Nadu, Maharashtra are at different stages of carrying out settlement and digitisation process of forest boundaries of the forest lands in their jurisdictions,” a senior official said responding to HT’s queries. To address delayed compliance of the SC order on demarcating forest boundaries, the ministry organised a workshop on April 10 with participation from all states and UTs .
“The above judgment (2011) directed all States/UTs to create and regularly update a GIS-based decision support database of geo-referenced forest land. Despite this unambiguous directive, a large number of States/UTs are yet to show meaningful progress even after more than fourteen years. Historically, forest boundaries have been recorded using traverse sketches and non-geo-referenced maps, leading to misclassification of forest areas, untraceable encroachments, overlapping claims under the Forest Rights Act, 2006, and difficulties in implementing the Forest (Conservation) Act, 1980,” the ministry said in a note on April 10. The demarcation process will also mean finalisation of “deemed forests” or areas that meet the dictionary meaning of forests as held by SC in TN Godavarman Thirumulpad vs. Union of India & Others in judgement dated December 12, 1996, a process that, again, many regions are yet to complete.
{{/usCountry}}“The above judgment (2011) directed all States/UTs to create and regularly update a GIS-based decision support database of geo-referenced forest land. Despite this unambiguous directive, a large number of States/UTs are yet to show meaningful progress even after more than fourteen years. Historically, forest boundaries have been recorded using traverse sketches and non-geo-referenced maps, leading to misclassification of forest areas, untraceable encroachments, overlapping claims under the Forest Rights Act, 2006, and difficulties in implementing the Forest (Conservation) Act, 1980,” the ministry said in a note on April 10. The demarcation process will also mean finalisation of “deemed forests” or areas that meet the dictionary meaning of forests as held by SC in TN Godavarman Thirumulpad vs. Union of India & Others in judgement dated December 12, 1996, a process that, again, many regions are yet to complete.
{{/usCountry}}States and UTs can claim funding for the exercise from Compensatory Afforestation Fund Management and Planning Authority (CAMPA) funds, it said adding that CAMPA will take up the task of providing technical, financial and managerial support to the States and UTs to accomplish demarcation of forest areas.
“This initiative will enable accurate identification of all forest lands irrespective of their legal notification status, strengthen monitoring of forest diversions and compensatory afforestation sites. It will further protect customary and statutory rights, and ensure compliance with Supreme Court mandates and national forest policy,” the ministry added.
Siddhanta Das, Chairman of SC’s Central Empowered Committee who is advising the ministry on the demarcation process said the process may be expensive and time consuming. “To effectively manage forest resources, it is critical for forest departments to know their boundaries.This process may be a bit expensive and time consuming, but it is not only legally binding but also essential. However, it is very important that this demarcation exercise is carried in association with the revenue department to make the demarcated boundaries have robust legal backing.”
“It is found that CAMPA plantations continue to affect land and forest rights of local communities and biodiversity across the states. Some plantation projects are implemented under annual plan of operation (APO) without any compliance of FRA and without getting consent of the Gram Sabhas- a mandatory legal requirement under FRA. In recent years creation of land banks in the states for implementation of CAMPA has seen alienation of forest and common land which communities have been depended on for their livelihoods and rights. These issues need to be addressed,” said Tushar Dash, independent researcher and expert on forest rights act.