Maharashtra
,
Allapalli
,
Gadchiroli
Published :
Mar 2018
|
Updated :
Maharashtra Government Leases Forestland Without Consent of Community in Allapalli, Gadchiroli
Reported by
Researcher
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
2000
People affected
2014
Year started
8885
Land area affected
Households affected
2000
People Affected
2014
Year started
8885
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 April 2014, the forest department leased out highdensity forestland (with a tree canopy density of more than 40 per cent) to the Forest Development Corporation of Maharashtra (FDCM) for "regeneration" in Allapalli division in Gadchiroli. This was done despite a meeting in December 2013 where it was decided that only those forests with a tree canopy density of less than 40 per cent will be leased out. The meeting was attended by the principal secretary of forests, principal chief conservator of forests and head of the forest force, managing director of FDCM and additional principal chief conservator of forests, Nagpur. Under the regeneration plan, more than 8,000 hectares of dense mixedforest area were allocated for felling by the FDCM, which was opposed by the local people as they depend on the forests for their livelihood. Although 29 compartments had been marked, the felling took place in three compartments, which affected seven villages and more than 1,000 hecatres of forestland. Farmers in the affected villages had filed community forest rights claims way back in 2011, but the forest department allotted land to the FDCM without settling their claims. According to the petitioner in the case, who wishes to remain anonymous, the state department did not take the consent of the Gram Sabha before transferring the common land to the FDCM, violating the Forest Rights Act, 2006. These forests have rich biodiversity, but the tree felling continues despite several resolutions by the Gram Sabha and written complaints to the district collector. The farmers had approached the National Green Tribunal, and the case is pending with it.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Opposition against environmental degradation

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 Development Corporation of Maharashtra, Revenue and 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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Fact sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Opposition against environmental degradation

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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