The Congress government is likely to conduct a joint survey by Forests and Revenue Departments to find a solution to the over four-decade old problem of de-reserving the forest land, which currently has habitation.
It may be mentioned here that in May this year, the Union Ministry of Environment, Forest and Climate Change (MoEFCC) sent back the State government’s proposal for de-reservation of forest land, released earlier for rehabilitation of families affected by the Sharavati Valley Hydroelectric Project.
Predicament for successive governments
The de-reserving of forest land has been a huge problem for successive governments. People living in houses built on such land or cultivating the land do not have the rights of mortgage or sale, though they have been living on the land before the Forest (Conservation) Act was implemented in 1980. This is because Column 9 of the Records of Rights, Tenancy & Crops (RTC) will have the characteristic of the land in question as forest.
“Several villages and large habitations are currently on the land notified as forest in the RTC though they have lost the characteristics of forest. The habitations have been there for several decades before the 1980 act was enforced,” Forest Minister Eshwar Khandre told The Hindu.
“There has been no comprehensive State-wide survey done yet. A proper joint survey is needed that could be verified by a third party. Maps are to be prepared along with a report that should be submitted to the Centre. Ultimately, it will be the Supreme Court that will decide on the issue. We have to file a IA in the court,” he added. Karnataka High Court ruled in 2021 that forest cannot be de-reserved without prior permission of the Central government.
State-wide issue
Though the problem is believed to be acute in Ramanagara, Mysuru, Chamarajanagar and Shivamogga districts, such cases exist in other districts too. The Minister said the joint survey is needed in almost all districts, citing that even in a district such as Bidar — where forest cover is less than 10% — the issue persists. “In many cases across the State, well-established villages with temples, anganwadi, ANM centres and agricultural fields are facing the issue,” the Minister said.
Mr. Khandre said that currently, only linear projects such as laying pipeline or providing electricity and other infrastructure to the habitation is being taken up, and there are clear guidelines about it.
According to officials, till the Forest (Conservation) Act was enacted in 1980, the State Government had the power to allot land for housing and agriculture purposes and also had the right to de-reserve such land. The State government lost the power to de-reserve after 1980, resulting in a pile-up of thousands of such cases across the State.
“There are many habitations that should have been technically de-reserved after the grant from the State. In many cases, the land granted before 1980 in terms of rehabilitation or otherwise have not been de-reserved. One such example is the rehabilitation of persons in Sharavati in Shivamogga district,” he said.
Not updated in records
Forest officials state that about 12% to 15% of the forest land is yet to be updated in the revenue records. “Column 9 needs to be updated through surveys. Currently, surveys are being conducted only when disputes are arising,” a senior official said.
