Odisha
,
Masinnita
,
Deoghar
Published :
Sep 2017
|
Updated :
Masinnita Villagers in Odisha Oppose CAMPA Plantations, Demand Community Rights
Reported by
Sanghamitra Dubey
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
307
People affected
2015
Year started
ha.
Land area affected
Households affected
307
People Affected
2015
Year started
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

Masinnita village comprising of 64 households is located in Barkote block of Deogarh. In 2009, Gram Sabha members filed for recognition of Community Forest Rights but the claim is yet to be verified by the authorities. The claim is currently pending with the subdivisional level committee. Though some village residents have been granted Individual Forest Rights, they are still waiting for clarity over demarcations of their lands. Meanwhile, the forest department has planted on the land over which the Gram Sabha had claimed for Community Forest Rights in 2009. The afforestation programmes have been taken under MGNREGA and CAMPA funds. The Gram Sabha members have demanded clarification over the ambiguous demarcations of plots and also demanded prohibition of the plantation of commercial species on the village land. The Gram Sabha members of Masinnita village, thus, decided on constituting a CFR management Committee and prepare a CFR Management Plan of their own, while continuing to press authorities for the verification of their rights and protest against any form of external intervention by forest department like in the case of CAMPA plantations. As of October 2021, community members are still awaiting titles.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

Complaint against procedural violations

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?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Odisha State 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
Sanghamitra Dubey
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Fact sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

Complaint against procedural violations

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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