Saturday, May 2, 2009

Give pattas for forest dwellers: HC

By S A Ishaqui

Hyderabad,May 1: The Andhra Pradesh High Court on Friday permitted the state government to issue title deeds (pattas) for four lakh acres of forest land to eligible forest dwelling Scheduled Tribes and other traditional forest dwellers under the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006.

A division bench comprising Justice B. Prakash Rao and Justice R. Kantha Rao were dealing with a petition filed by one Mr J.V. Sharma and two other retired forest officers challenging the Act. The court said that the confirmation of title would be subjected to the final order of the court.

Earlier, the state government had asked the High Court to give permission to issue title deeds to over 10.86 lakh acres of forest land to Scheduled Tribes and other traditional forest dwellers in the state.

The government submitted to the court that these rights were not alienable or transferable. Conferring title deeds would help the beneficiaries to raise money for development of land and also give them a sense of security.

The High Court had already directed that the process of verifying the claims could go on, but the title deeds should not be issued without obtaining the order of the HC.The petitioners contended that there was danger of authorities regularising forest encroachments under the guise of implementing the Act.

Mr K. Balagopal, who appeared on behalf of the forest dwellers told the Court that the Act was a progressive legislation enacted by the Centre for the benefit of the poor forest tribes living in the forests across the country for generations.
He said that the Recognition of Forest Rights Act was enacted to recognise and give rights to forest dwellers.

The government argued that it was a misconception of the petitioner that all the encroachments in forest areas up to December 13, 2005, would be regularised. It said that 2,36,355 hectares were under encroachment.

The government informed the court that 3,26,328 claims, involving 11.22 lakh acres have been received in 22 districts in gram sabhas, out of which 2.98 lakh claims involving 10.86 acres were surveyed.

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