Jammu, Aug 12: The Jammu and Kashmir administration has directed authorities to expedite pending Forest Rights Act claims while taking action against unauthorised occupation of forest land not covered by recognised rights, as part of fresh guidelines issued to streamline forest rights settlement and strengthen protection of forest areas.
The Forest, Ecology and Environment Department, in a circular issued on Wednesday, said all actions concerning forest land must strictly comply with the Indian Forest Act, 1927, and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
The department stressed the need to balance the protection and conservation of forests with the recognition and settlement of legitimate forest rights.
The fresh directions follow a July 30 communication issued by the Tribal Affairs Department, which laid down the mechanism for settling pending claims under the Forest Rights Act.
Deputy Commissioners, who chair the District Level Committees, have been directed to expedite the processing of all pending claims strictly in accordance with the prescribed procedure.
The administration has also ordered reconciliation of forest and revenue records and proper demarcation of areas to prevent erroneous identification of land and overlapping claims.
However, the circular makes it clear that such reconciliation shall not prejudice any claim pending under the Forest Rights Act.
At the same time, where occupation of forest land is found to be unauthorised and is not covered by a recognised forest right, the concerned Forest authorities have been directed to initiate action for its removal in accordance with law.
The administration has directed that such action be undertaken with due regard to Section 4(5) of the Forest Rights Act, which provides safeguards concerning the eviction of forest-dwelling Scheduled Tribes and other traditional forest dwellers whose claims are pending.
Pending determination of claims, the existing forest character and ecological integrity of the areas are to be protected.
The circular states that no activity that causes degradation of forest resources shall be permitted while claims are under consideration.
The Forest Department has also been directed to provide necessary assistance to Gram Sabhas, Sub-Divisional Level Committees and District Level Committees involved in verification and settlement of forest rights claims.
Territorial Forest Divisions have been asked to maintain updated records of claims that have been recognised, rejected or remain pending, in coordination with the Revenue Department.
The administration has further directed that claims or proposed activities involving protected or ecologically sensitive areas be examined under the Forest Rights Act, the Indian Forest Act, the Wild Life (Protection) Act, 1972, applicable environmental laws and judicial directions.
The circular has been circulated to all Administrative Secretaries, the Principal Chief Conservator of Forests, Deputy Commissioners and Divisional Commissioners of Jammu and Kashmir, among other concerned authorities.
The latest directions seek to establish a coordinated mechanism for settling legitimate forest rights claims while ensuring that forest land is not occupied or degraded in violation of law. (KNS)
