Over 83% of claims received under the Forest Rights Act rejected in Karnataka

The Act empowers forest dwellers to use forest resources in the manner that they are traditionally accustomed to and protects them from unlawful evictions. It also provides for basic facilities to access education, health, nutrition etc.

Forest department officials say that several claims under FRA are filed with the intention of encroaching on forest land. “In several cases, trees on the forest land are chopped and claims are made under the FRA. Sometimes the applications get rejected and within 90 days, they file an appeal and the case drags on for years. Meanwhile, the land remains encroached on. Often this is being done at the behest of political leaders,” a senior Indian Forest Service officer said.

In 2021, the Karnataka principal chief conservator of forests sent a circular to the chief conservators, assistant conservators and deputy conservators of forests barring eviction in cases where encroachment is below three acres as government guidelines in this regard were awaited.

Veerendra Patil, an environmental lawyer, said that in most cases members of the same family make different claims on forest land.

“For example, there is a case before the Karnataka High Court, where a father, his wife and their son sought the grant of forest land individually though they are staying together. The total encroachment is more than four acres but due to the fear of eviction, each member has made separate claims over the land. The family divides the encroached-on land among themselves and each share will come below three acres.

“There is a forest department circular which states that till the fate of the claims made under FRA are decided, the encroachers cannot be evicted. If the claims are rejected, the aggrieved party files an appeal that their encroachment is below three acres. Since the encroachment is below three acres, they cannot be evicted,” he explained.