Land likely recognizable under FRA been used for plantations in Madmo, Jharkhand to compensate for the construction of a high voltage power line elsewhere.
Case Analysis
This plantation site is one of 13 Compensatory Afforestation sites to compensate for the diversion of 198.59 acres of forest land for a high voltage powerline from Bokaro to Koderma, Jharkhand.
The plantation site comprises of 18 ha of land classified as degraded notified forest. The Forest Department proposed to spend Rs. 33 lakhs for planting 19,800 saplings (Rs.166/ per sapling). This 10-year project was started in 2015.
Satellite Imagery Analysis
The satellite imagery (2005, 2010, 2013, 2014) shows this ‘degraded forest land’ was being used for agriculture, with the agriculture plots very clearly visible. The first available imagery is from 2005, which implies that the land was under agriculture from before the cutoff date for individual occupancy rights under Forest Rights Act. Therefore the land should have been recognized as individual occupancy and titles issued under Forest Rights Act. However, instead, by December 2016, the agriculturalists have been removed and plantation has been taken up on this land.
Implications
Compensatory afforestation has clearly been used for evicting farmers from land being cultivated by them, and very likely eligible for recognition under Forest Rights Act.
It is highly likely that Forest Rights Act has been violated by the Forest Department for this plantation.
It is also highly likely that the displaced cultivators were tribals or scheduled castes, in which case the Prevention of Atrocities Act is also violated.
Cost per sapling is high.
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