Chhattisgarh
,
Kasaundi
,
Baloda Bazar
Published :
Oct 2017
|
Updated :
Forest Rights Rejected, 4 Farmer Families in Chhattisgarh Turn to Migrant Labourers
Reported by
Asha Verma
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
19
People affected
2012
Year started
4
Land area affected
Households affected
19
People Affected
2012
Year started
4
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 2017, four farmers from Kasaundi village were denied Individual Forest Rights (IFR) titles under the Forest Rights Act, 2006. The forest department rejected their claims of occupancy in a letter, but the families claimed to be cultivating on the land for over 20 years and accused the forest department of wrongfully denying them titles. They also alleged that the department used coercive measures to prevent them from cultivating and destroyed their crops. The conflict started in 2012 after forest officials allegedly destroyed the villagers' crops overnight and sent their cattle to the Kanji house. It was after several requests that the officials returned the cattle to their owners.  In 2016, the department fenced the disputed land for plantations under the Compensatory Afforestation Fund Management and Planning Authority (CAMPA). This came as a shock to the affected families, who received this information from a beat guard.  They soon approached the district collector to appeal against the fencing of their lands, for which their IFR claims were still pending. In response, the collector ordered an inquiry by a forest ranger. After a survey, the ranger wrote that the land could not be notified for IFR claims as ownership over the land was also being claimed by the revenue department.  The LCW researcher later learnt that the farmers, without any land holdings, are now entirely dependent on labour work for their livelihood. They have also turned into migrant workers in nearby cities as the forest department does not allow them to cultivate the land anymore.

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:

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

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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