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‘Order was pan-Himachal': HC frowns upon selective clearing of illegal apple orchards
‘Order was pan-Himachal': HC frowns upon selective clearing of illegal apple orchards

Indian Express

time18-07-2025

  • Politics
  • Indian Express

‘Order was pan-Himachal': HC frowns upon selective clearing of illegal apple orchards

Pulling up the Himachal Pradesh government over its 'selective' clearing of apple orchards on encroached forest land, the high court has asked why drive was not being carried out across the state, as was ordered. A division bench of Justices Vivek Singh Thakur and Bipin Singh Negi directed the state government to clarify 'why the eviction operations were being carried out only in select regions such as Chaithla village, Rohru and Kotgarh, while similar action was conspicuously absent in other parts of the state'. The bench issued the directions Tuesday. A copy of the order was made available Wednesday. Hearing a set of Public Interest Litigations (PILs) filed on rampant encroachment on forest land across the state, particularly for commercial horticultural use, the bench expressed concern over the absence of a 'pan-Himachal' approach, despite earlier judicial orders and clear directions from the Principal Chief Conservator of Forests (HoFF) to initiate uniform eviction of illegal orchards. Meanwhile, in compliance with previous orders, the Forest Department, through the office of Advocate General, submitted a status report stating that 'as many as 3,659 apple and other fruit-bearing trees had been felled on encroached forest land till July 15. Of these, 2,456 trees were aggregated from the encroached forest land in Chaithla village, 713 trees were removed from the Rohru Forest Division and 490 trees from Kotgarh. The bench, however, observed, 'There is no update on similar action being taken in other forest divisions, raising concerns over partial implementation of the eviction order.' The court again emphasised that 'encroachments and their removal cannot be limited to a few regions, and must be enforced uniformly' across Himachal. 'It has again been clarified, as also in earlier orders, that encroachment from government/forest land, including the removal of fruit-bearing trees, has to be undertaken pan-Himachal Pradesh and not limited only to the areas referred to in the instructions,' the bench said. 'It appears the action for removal of encroachment/orchards from the forest land is being undertaken only in the Rohru and the Kotgarh Forest Divisions, including Chaithla village, but in these instructions there is no information with respect to removal of encroachment/orchards in other areas of the State of Himachal,' it added. The bench granted the state one week to file a comprehensive status report detailing eviction and enforcement action across the state. The matter will next be heard on July 29. Meanwhile, the high court's January 8 judgment, particularly paragraph 35, also came under scrutiny. Amicus Curiae Senior Advocate Jiya Lal Bhardwaj pointed out that 'relevant compliance affidavits have not yet been filed by the authorities'. To this, the court directed that the affidavit(s) in compliance must be submitted before the next hearing, and any pending objections to filings must be resolved. Under paragraph 35 of the January 8 order, instruction was issued to forest/revenue/officials of the National Highways Authority of India (NHAI) to not allow any further encroachment by the encroachers. The paragraph also asks to compile a record of fresh encroachments and the status of earlier encroachments. During the hearing, replies from several individuals named in the case — Sohan Lal, Madan Lal, Dinesh Tajta, Kamla Devi, Lila Tajta, Sheela, Daya Chauhan, Mira, Rita, Sanjay, Sandeep, Vikrant, and Raj Kumar — were recorded, while a request for ten days for Mast Ram's reply was granted due to his medical condition. Senior Advocate VS Chauhan, appearing for one of the petitioners, informed the court, 'Sohan Lal, aged 78, is suffering from multiple age-related ailments and sought exemption from personal appearance in future hearings.' The bench accepted the request, exempting him from appearing in court unless specifically directed. Meanwhile, in a separate application, the court allowed an exemption to Mast Ram, who is undergoing cancer treatment, from attending the proceedings on medical grounds. The PILs at the centre of the case have been ongoing since 2014 and 2015, reflecting the long-drawn legal battle over the politically sensitive issue of forest land encroachment, especially for apple cultivation, a key economic driver in many parts of the hill state. Despite multiple orders from the HC, enforcement has often been sporadic, delayed or met with local resistance, given the livelihoods tied to these orchards.

Vana Mahotsavam held at Nehru Zoo Park
Vana Mahotsavam held at Nehru Zoo Park

Hans India

time14-07-2025

  • General
  • Hans India

Vana Mahotsavam held at Nehru Zoo Park

Hyderabad: Nehru Zoological Park launched a mega plantation programme under the Vana Mahotsavam programme on Sunday. As part of this, Dr C Suvarna, PCCF (HoFF), Telangana and Elusing Meru, PCCF (Wildlife), Telangana along with other Forest Officials and Director of Zoo Parks, Telangana visited Nehru Zoological Park and planted the tree saplings of Ficus and other fruit bearing and shade giving tree saplings near the reptile house area. During the programme, Dr Suvarna flagged off and released a pair of 'Serval Cats' into the enclosure for the public display at small cats enclosure. These cats are of about 2 years old. This new exotic species is endemic to the African continent and lives up to 16 years in captivity. Later, the PCCF also inaugurated the renovated Fossil Park Garden, a variety of plant species planted in the model of Telangana map. 'With a motto to increase the green cover in the state, everyone has to plant a tree in the name of mother – Ek Ped Maa Ke Naam,' said Dr Suvarna. Dr Sunil S Hiremath, Director Zoo Parks, Telangana and Field Director (FAC), Amrabad Tiger Reserve, Telangana, M J Akbar, Former Director - NZP, Dr MA Hakeem, Deputy Director (Vet), M Barnoba, Deputy Curator, Dr P Srinivas, Asst. Director (Vet), A Nagamani, ACF, Admin and other officers also participated in the programme.

After widespread protests, forest dept blinks, withdraws advisory on CFRR
After widespread protests, forest dept blinks, withdraws advisory on CFRR

Time of India

time03-07-2025

  • Politics
  • Time of India

After widespread protests, forest dept blinks, withdraws advisory on CFRR

Raipur: Succumbing to widespread protests and reports over an advisory issued about a month back over Forest Rights Act (FRA 2006) that limited the constitutional powers of Gram sabhas. Chhattisgarh Forest Department on Thursday clarified that the letter was only intended as a temporary procedural advisory due to the absence of a model management plan for Community Forest Resource Rights (CFRR) areas. "Our intention was never to curtail community rights," Principal Chief Conservation of Forest (PCCF) & Head of Forest Force (HoFF) Srinivas Rao told TOI. "The advisory aimed to ensure ecological safeguards and scientific consistency in forest management." The May 15 letter has now been formally corrected through a corrigendum issued on June 23, and both documents — the original and its clarification — have been withdrawn on the directions of Forest Minister Kedar Kashyap. HoFF Srinivas Rao in a detailed letter issued on Thursday, cited growing confusion at the field level regarding integration of community-prepared plans with the National Working Plan Code (2023), approved by the Environment Ministry. The statement adds that the department's letter was misinterpreted as a move to centralize control over CFR lands, and that opposition from NGOs and community groups likely stemmed from this misunderstanding. The clarification comes a day after TOI reported on massive protests across the state on July 1 and 2 by thousands of people, against forest department's order and Gram Sabhas, tribal organizations, and social activists, took place in multiple places including tribal districts. HoFF Rao reiterated that the department had formally withdrawn its letter dated May 15, 2025, which had mistakenly referred to the department as the "nodal agency" for implementing CFRR. He clarified that this was a typographical error, and that it serves only as a facilitator, not the decision-maker, in the CFRR process. The original advisory, now officially withdrawn through office letter no. 536 dated July 3, 2025, had sparked outrage among tribal groups and activists who viewed it as an attempt to undermine the Forest Rights Act (FRA), 2006, and override the authority of Gram Sabhas, the rightful custodians of forest resources under the law. Corrected Course and Future Steps The Forest Department has written to the Ministries of Tribal Affairs (MoTA) and Environment, Forest and Climate Change (MoEF&CC) requesting for a model community forest resource management plan aligned with national forestry codes, then detailed implementation guidelines for tribal welfare and forest officials and a standardized training module for local stakeholders including Gram Sabha representatives. The state currently leads the country with 4,349 CFRR titles, covering over 20,062 sq km, and over 4.78 lakh individual titles under FRA. These efforts, the department noted, were achieved through a "facilitative and inclusive" approach. While the department's latest clarification may help ease tensions, activists and community leaders say it's now time for transparent collaboration, not just damage control. "This retraction is a step in the right direction," said an activist who has been working with CFRR-recognized villages. "But the state must remember: CFR rights are not to be facilitated on paper — they are lived realities in our forests."

Chhattisgarh forest department withdraws CFRR advisory after widespread protest over FRA
Chhattisgarh forest department withdraws CFRR advisory after widespread protest over FRA

Time of India

time03-07-2025

  • Politics
  • Time of India

Chhattisgarh forest department withdraws CFRR advisory after widespread protest over FRA

RAIPUR: In response to widespread protests and reports over an advisory issued about a month back over Forest Rights Act (FRA 2006) that limited the constitutional powers of Gram sabhas. Chhattisgarh Forest Department on Thursday clarified that the letter was only intended as a temporary procedural advisory due to the absence of a model management plan for Community Forest Resource Rights (CFRR) areas. 'Our intention was never to curtail community rights,' Principal Chief Conservation of Forest (PCCF) & Head of Forest Force (HoFF) Srinivas Rao told TOI. 'The advisory aimed to ensure ecological safeguards and scientific consistency in forest management.' The May 15 letter has now been formally corrected through a corrigendum issued on June 23, and both documents — the original and its clarification — have been withdrawn on the directions of Forest Minister Kedar Kashyap. HoFF Srinivas Rao in a detailed letter issued on Thursday, cited growing confusion at the field level regarding integration of community-prepared plans with the National Working Plan Code (2023), approved by the Environment Ministry. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch CFD với công nghệ và tốc độ tốt hơn IC Markets Đăng ký Undo The statement adds that the department's letter was misinterpreted as a move to centralize control over CFR lands, and that opposition from NGOs and community groups likely stemmed from this misunderstanding. The clarification comes a day after TOI reported on massive protests across the state on July 1 and 2 by thousands of people, against an forest department's order and Gram Sabhas, tribal organizations, and social activists, took place in multiple places including tribal districts. HoFF Rao reiterated that the department had formally withdrawn its letter dated May 15, 2025, which had mistakenly referred to the department as the "nodal agency" for implementing CFRR. He clarified that this was a typographical error, and that it serves only as a facilitator, not the decision-maker, in the CFRR process. The original advisory, now officially withdrawn through office letter no. 536 dated July 3, 2025, had sparked outrage among tribal groups and activists who viewed it as an attempt to undermine the Forest Rights Act (FRA), 2006, and override the authority of Gram Sabhas, the rightful custodians of forest resources under the law. Corrected Course and Future Steps Going forward the Forest Department has written to the Ministries of Tribal Affairs (MoTA) and Environment, Forest and Climate Change (MoEF&CC) requesting for a model community forest resource management plan aligned with national forestry codes, then detailed implementation guidelines for tribal welfare and forest officials and a standardized training module for local stakeholders including Gram Sabha representatives. The state currently leads the country with 4,349 CFRR titles, covering over 20,062 sq km, and over 4.78 lakh individual titles under FRA. These efforts, the department noted, were achieved through a 'facilitative and inclusive' approach. While the department's latest clarification may help ease tensions, activists and community leaders say it's now time for transparent collaboration, not just damage control. 'This retraction is a step in the right direction,' said an activist who has been working with CFRR-recognized villages. 'But the state must remember: CFR rights are not to be facilitated on paper — they are lived realities in our forests.'

‘Gross' forest law violations: Centre orders Assam to take legal action against top official
‘Gross' forest law violations: Centre orders Assam to take legal action against top official

Indian Express

time02-07-2025

  • Politics
  • Indian Express

‘Gross' forest law violations: Centre orders Assam to take legal action against top official

The Union environment ministry's regional office in Shillong has directed the Assam forest department to take legal action against Special Secretary (Forest) M K Yadava for authorising two commando battalion camps on forest land in 'gross violation' of the law, official documents show. The construction of the camps has been under a cloud since early 2024 and faced scrutiny from the environment ministry as well as the National Green Tribunal's principal bench and eastern zone bench (Kolkata). The ministry's order, dated May 29, comes even as its Forest Advisory Committee granted ex post facto clearances to the commando camps earlier this year, after the imposition of penalties. Yadava had authorised Assam Police commando battalion camps in the Geleky forest, Sivasagar district, and in Damchera, Hailakandi district, over 26 hectares and 11 hectares of forest land, respectively. The ministry sent two separate directions to the Assam government, regarding the violations at the two camps. The ministry's order for action against Yadava was obtained by Assam-based activist Rohit Choudhury under the Right to Information Act. The top Indian Forest Service officer was served a showcause notice in May 2024, after he was deemed guilty of violating the Van (Sanrakshan Evam Samvardhan) Adhiniyam 2023. In October 2024, Yadava defended his decision to give the go-ahead to the camps in his capacity as the then principal conservator of forest (PCCF) and head of the forest force (HoFF) in Assam. The ministry deemed this explanation to be legally untenable. 'Shri M K Yadava, the then PCCF and HoFF, Govt of Assam had no authority to grant permission for clearing of forest land for non-forest activity without the prior permission of Central Govt as per…Van (Sanrakshan Evam Samvardhan) Adhiniyam and Rules, Guidelines and Notifications,' the ministry's Shillong office noted in its May 29 order. The ministry said this amounted to a 'gross violation' of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, and added that it was also against the legal principles framed by courts and tribunals. Yadava's submission to the 2024 showcause notice, the ministry noted, failed to prove he was not liable to be proceeded against and punished as per provisions of the Van Adhiniyam and its Rules. The ministry's order thus authorised the divisional forest officer concerned 'to take legal action against the offender and furnish an action-taken report' within 45 days. Under Rule 15 (2) of the Van (Sanrakshan Evam Samvardhan) Rules 2023, information on offences and violations has to be communicated to the state forest department for filing a complaint against offenders before a court. Though he retired on February 29, 2024, Yadava was given a tenure extension till March 2025 and another one after that, even as his decisions were under scrutiny. Yadava did not respond to calls and queries sent by The Indian Express. Sandeep Kumar, PCCF and HoFF, Assam, did not respond to queries seeking comment on the ministry's order. Pee Lee Ete, Deputy Inspector-General of Forests in the environment ministry, who sent the directions to the Assam government in May told The Indian Express, 'We have taken action as per the provisions under law. We are waiting for an action-taken report from the state government.' In April 2024, even as the Union environment ministry had already directed the Assam government to stop work on the Damchera camp, Chief Minister Himanta Biswa Sarma sought its regularisation. Sarma wrote to Union Environment Minister Bhupender Yadav, requesting that the environment ministry accord a 'post facto' approval to the camp, which was granted eventually. Sarma had sought to justify the camps on forest land citing national security and forest encroachment as reasons. Ministry probe and NGT scrutiny In December 2023, the NGT's principal bench took up the matter about the commando camp in Damchera based on media reports. Consequently, the environment ministry sought a detailed factual report from its regional office in Shillong. Meanwhile, Assam-based activist Rohit Choudhury filed an application before the Kolkata bench of the NGT on the other camp in Geleky forest. A site inspection of the Damchera camp revealed that the Assam forest department had constructed residential buildings for officers, garages, ration and clothing stores, and a small hospital on an area of 11.5 hectares. The site inspection report stated that the work was in violation of norms, and based on the report, the environment ministry had directed the Assam government to halt work. Using the inspection report, the Shilling regional office had served a notice to Yadava. A similar site inspection report on the Geleky camp was submitted by the Shillong office to the NGT and the environment ministry and found the camp to be in violation of the law. While the NGT's principal bench has disposed of the Damchera case after Centre granted post facto approval, the Geleky case is pending before the Kolkata bench. An award-winning journalist with 14 years of experience, Nikhil Ghanekar is an Assistant Editor with the National Bureau [Government] of The Indian Express in New Delhi. He primarily covers environmental policy matters which involve tracking key decisions and inner workings of the Ministry of Environment, Forest and Climate Change. He also covers the functioning of the National Green Tribunal and writes on the impact of environmental policies on wildlife conservation, forestry issues and climate change. Nikhil joined The Indian Express in 2024. Originally from Mumbai, he has worked in publications such as Tehelka, Hindustan Times, DNA Newspaper, News18 and Indiaspend. In the past 14 years, he has written on a range of subjects such as sports, current affairs, civic issues, city centric environment news, central government policies and politics. ... Read More

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