Uttarakhand
,
Binsar
,
Almora
Published :
Sep 2016
|
Updated :
Uttarakhand Recognises Binsar as ESZ, People Fear Losing Access to Forest Resources
Reported by
Tarun Joshi
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
4333
Households affected
20798
People affected
2013
Year started
7602
ha.
Land area affected
4333
Households affected
20798
People Affected
2013
Year started
7602
Land area affected
Key Insights
Sector
Conservation and Forestry
Reason/Cause of conflict
Protected Areas
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Conservation and Forestry
Reason/Cause of conflict
Protected Areas
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In 1988, the forest department, under the Wildlife Protection Act, 1972, declared Binsar forest as Binsar Wildlife Sanctuary to protect the forest's oak trees. About 65 villages in Binsar forest block and 15 villages in Rithagad forest block fall within the boundary of this sanctuary.
The National Wildlife Action Plan (2002–2016) of the Ministry of Environment, Forests and Climate Change (MoEFCC) stipulated that state governments should declare land falling within 10 kilometres of the boundaries of national parks and wildlife sanctuaries eco-fragile or eco-sensitive zones (ESZs) under the Environment (Protection) Act, 1986. The purpose of the ESZ is to provide more protection to the parks by acting as a shock absorber or transition zone. As a result, the area around Binsar Sanctuary - spread over 47.07 square kilometres - was to be declared an ESZ in 2013.
In 2015, the residents of Almora launched an agitation demanding the proposal to be scrapped. If Binsar Sanctuary is declared an ESZ, the local people will be banned from carrying out any activity in the area, including repairing their houses and accessing water bodies. They will also be unable to collect fuel and fodder. Preparation of agricultural goods and baskets from Ringal is a major source of income for the forest-dwelling community, but they will lose access to this livelihood with the recognition of Binsar Sanctuary as an ESZ. While protesting against the government's proposal, the people have also demanded a settlement of their land rights.
The official notification for the proposal was issued in 2019 despite the opposition. In July that year, the villagers sent a memorandum to the MoEFCC to revoke the notification. According to them, Binsar was notified as an ESZ even after seven years of public opposition.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Demand for legal recognition of land rights

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common and Private

Forest and Non-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

Agricultural land, Other Natural Resource extraction/dependence, Water bodies, Residential area

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, Forest administration of Binsar Sanctuary, Ministry of Environment, Forests and Climate Change

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?

No

Communities/Local Organisations in the Conflict:

Residents of Almora

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
Tarun Joshi
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Fact sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Demand for legal recognition of land rights

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

Agricultural land, Other Natural Resource extraction/dependence, Water bodies, Residential area

Whether the project was stalled due to land conflict

Source/Reference

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