seeks compliance report before next hearing
the goan I network
PANAJI
The Supreme Court of India has directed the Goa government to ensure that those persons residing in forest areas whose claims under the Forest Rights Act have been rejected be evicted from the forests.
The order, which applies to several States, has a special paragraph mentioning what the Goa Chief Secretary needs to do.
“Let the Chief Secretary to the State of Goa indicate, by way of an affidavit, as to how many claims have been adjudicated. In case eviction orders have attained finality, whether those incumbents have been evicted or not. The Chief Secretary shall ensure that eviction is carried out and compliance report be submitted to this Court on or before the next date of hearing,” the court reads.
The State of Goa had filed an affidavit stating that 6094 claims have been filed by STs (Scheduled Tribes) and 4036 claims have been filed by OTFDs (Other traditional Forest Dwellers) but made no mention if any applications under the Forest Rights Act have been processed.
The Court was hearing a bunch of petitions when it found that in several states orders of eviction have been issued but have not been complied with.
“Once the orders of eviction have been passed, the eviction ought to have taken place,” the court noted.
The matters have now been listed on July 24 this year.
The top court rejected claims of other states on various grounds including lack of proof that tribals were in possession of land for at least three generations.
As per the law, only those living in forests areas for at least three generations before December 31, 2005, are eligible for land rights.
States like, Karnataka, MP and Odisha are biggest losers. These three states have the highest numbers, with 20 per cent claiming land ownership submitted under the Scheduled Tribes Act, 2006.
