‘Take action against erring Shivamogga ACFs’: Karnataka minister Eshwar Khandre to forest dept

According to the official documents, the Sub Divisional Level Committee (SDLC) in Shivamogga rejected 84,549 of 97,075 applications filed under the Forest Rights Act till December 2022.

The SDLC comprises a sub-divisional officer, forest officer in charge of the sub division, members of block and an officer of the tribal welfare department. The committee verifies the claims of the individual applicants made under the Forest Rights Act.

Once the applications under the Forest Rights Act are rejected by the SDLC, the assistant conservators of forest of the respective sub-divisions of the forest have to issue an eviction order under Section 64(A) of the Karnataka Forest Act.

Since the eviction orders were not issued, Achar had requested Khandre to issue directions to the forest department to not only issue eviction orders but also take stern action against officials who failed to issue eviction orders in the first instance.

Achar said, “Shivamogga circle has 11 forest sub-divisions. In respect to Shivamogga district, 97,075 applications were filed under the Forest Right Act. Until December 2022, 84,549 applications were rejected. If there is no appeal or stay against the rejection of Forest Right application, what prevented the Assistant Conservator of Forest or those above him to pass the eviction order?”

He added, “There has been no appeal or stay in respect to the rejection of 84,549 applications till today. The Supreme Court has clearly stated that anybody who has encroached the forest land after October 4, 1980 should be evicted. Assistant Conservator of Forests of the sub-divisions Sandalkoti, Ayanur, Thirthalli, Sagar, Hosanagar, Shikaripura, Sorab, Channagiri, Tarikere, Shetihalli and Sharavathy did not issue a single eviction order.”

In his letter to the minister he said, “Please direct the Deputy Conservator of Forest to book a case against all the 11 ACFs of Shivamogga circle since they have failed to pass eviction orders even after the rejection of 84,59 applications filed under Forest Rights Act. Also, please direct to issue eviction orders to save the forest for future generations.”

Forest Rights Act recognises the rights of the forest dwelling tribal communities and other traditional forest dwellers (OTFD) to forest resources, on which these communities are dependent for a variety of needs, including livelihood, habitation and other socio-cultural needs.

Forest Dwelling Schedule Tribes are members or a community of the Scheduled Tribes who primarily reside in the forest and depend on the forests or their lands for bona fide livelihood needs.

Meanwhile, the OTFDs are members or a community who have for at least three generations prior to December 13, 2005 primarily resided in the forests and depended on the forest land for livelihood needs. Three generations are equivalent to 75 years. One generation is equivalent to 25 years.

Veerendra Patil, a lawyer, said, “There is a provision within the Forest Rights Act that applicants whose applications were rejected can once again appeal before the SDLC. However, the rate of re-appealing is hardly five per cent. The forest department should ideally conduct eviction proceedings and raze people whose applications have been rejected, but the same is not done. Hence, encroachment of the forest land in Shivamogga is high.”