Chhattisgarh
,
Arjuni, Ganjadih villages
,
Baloda Bazar
Published :
Oct 2017
|
Updated :
Chhattisgarh Forest Department Fences Land Claimed for Community Rights Without Gram Sabha Consent
Reported by
Asha Verma
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
1018
People affected
2015
Year started
109
Land area affected
Households affected
1018
People Affected
2015
Year started
109
Land area affected
Key Insights
Sector
Conservation and Forestry
Reason/Cause of conflict
Plantations
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Conservation and Forestry
Reason/Cause of conflict
Plantations
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In 2015, the residents of Arjuni and Ganjadih villages in Baloda Bazar district filed claims for community forest rights (CFR) titles under the Forests Rights Act (FRA), 2006, for 109 hectares of forestland based on visual mapping. But the claims remained pending with the District Level Committee (DLC) for over five years.  In the same year, the forest department fenced the entire 109 hectares without seeking the consent of the Gram Sabha. For this, they used funds from the Compensatory Afforestation Fund Management and Planning Authority. The villagers alleged that the department fenced the land to show the area under reserve forest. According to them, this would extend the forest boundaries and allow the DLC to justify rejecting the CFR claims.  The villagers approached the Forest Range Office to voice their concerns. In response, the forest department agreed to open a gate to allow the villagers to access the fenced area. But the tribespeople were not satisfied as their access to the forestland would still be limited. Therefore, they planned to remove the fencing after receiving their CFR titles.  In Arjuni village, the forest department also fenced the cremation ground already granted to the community under Section 3(2) of the FRA. The villagers claim to have lost access to the ground, due to which they have had to resort to cremating their dead by the riverside. They have raised the issue of losing rights to their entitled land with the district collector and have flagged their concerns during a statelevel grievance redressal session under the Gram Suraj programme.  In July 2021, Benipuri Goswami, a local activist, told LCW that CFR titles have been granted to the two villages, but the communities were yet to receive any formal documents.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Complaint against procedural violations

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

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?

4
Additional Information

Government Departments Involved in the Conflict:

Forest Department

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

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:

5
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?

Legal Supporting Documents

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Author
Reported by
Asha Verma
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Fact sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Complaint against procedural violations

Demand to retain/protect access to common land/resources

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

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?

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

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