Land Bank and Forest Rights

By Gladson Dungdung

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A village called ‘Perka’ is situated at Murhu development block in Khunti district of Jharkhand, which is approximately 55 kilometers from Ranchi, the capital city of Jharkhand. 113 families residing in the village. As per the Census 2011, the village has total population of 581 of which 300 are males while 281 are female. The village is dominated by the Munda Adivasis with the population of 550 including 285 males and 265 females. In 2011, literacy rate of Perka village was 66.46 % with Male literacy of 75.20 % and 56.96 % of female literacy.

However, the villagers are unaware about the tricks of the Jharkhand government for grabbing their community, religious and forest land. Here, I would like to focus on the forest land alone because the Forest Rights Act 2006 was said to be the historic legislation to right the historic wrongs done to the Adivasis and other traditional forest Dwellers. As per the land Bank data prepared by the Department of Revenue and Land Reform (Govt. of Jharkhand), three plots of the village forest with the area of 12.14 acres is enlisted in the Land Bank (See Table 1). Interestingly, in 1932 the villagers have been given the forest for their use. This has been officially recorded in the land record in the Khatiyan Part – II. As per the provisions of the forest rights Act 2006, the government authorities should have recognized the rights of the villagers on the village forest.

Table 1. Status of Forest of Perka in Land Bank

Sl. No. Register Number Plot No. Area in Acres
1. 44 1037 5.36
2. 44 392 3.17
3. 44 88 3.61
Total 01 03 12.14

Source: Land Bank, Department of Land Reform and Revenue (Govt. of Jharkhand)

The Adivasis of Perka are shocked to know that their forest is kept in the land Bank data with a clear intention to lease out to the private business entities. 55-year-old Petrus Tiru says, “I have land record papers of 1932, where we have been given right to use the forest. How can government keep our forest in the land Bank?” Another villager, 50-year-old Santosh Soy says, “We have been protecting the forest for more than 20 years. Two villagers keep watch on the forest every day. We also discuss about the protection and minimum use of the forest in our weekly Gram Sabha meetings. How can government take such step without our consent?” In the present circumstance, one needs to understand the history, concept and intention behind the formation of land Bank, which is paving the way to denial of the forest rights to the Adivasis and other traditional forest dwellers.

The state of Jharkhand is popularly known as the land of Adivasis’ struggle. The Adivasis have been resisting to protect their identity, autonomy, culture, languages, land, territory and natural resources for more than 300 years. The creation of Jharkhand as a new state in the political map of India was one of the results of the struggle. After formation of the state, the Adivasi struggle was concentrated on anti-displacement Movement as 74 MoUs were signed by the successive governments one after another within a decade. Fortunately, none of the mega project was materialized. The Adivasis forced the Arcellar Mittal Company, Jindal Company and Tata Steel Ltd to desert the proposed land[1] for their dream steel projects.

However, learning from the past, the new BJP government, formed in 2014, changed the land acquisition strategy. On 31st December 2014, the government through its Department of Revenue and Land Reform issued a circular to the Deputy Commissioners of all 24 districts asking them to conduct survey and prepared a land data incorporating all kinds of land except the private land[2] for the land bank. After accumulation of the land data, the department of Revenue and Land Reform created a new website https://jharbhoomi.nic.in, where 2,097,003.81 acres of land was shown as government land in the land bank.

Finally, Jharkhand’s Chief Minister Rabhuvar Das launched the website of Land Bank on 5th January 2016, which was followed by the signing of 210 new MoUs with the Corporate Houses during the ‘Global Investors Summit’ held at Khelgoan, Ranchi on 16-17 February 2017. Now, the Government has been attempting to acquire the common land, sacred groves and forest land without (free, prior and informed) consent of the communities. For instance, the state government has given 42 acres of so-called government land to the Vedanta company at Dimbuli village near Saranda forest in West Sighbhum district of Jharkhand and the government has been attempting to acquire the private land of the Adivasis for the company against their consent. The government is ensuring the Corporate’s entry to the villages through the land Bank.

Indeed, the land Bank was created with a clear objective to ensure the land to the corporate houses. This was categorically expressed by the Jharkhand’s Chief Minister, Raghuvar Das while speaking to the media on July 27th, 2016. He said, “Land acquisition has never been a challenge for us as we have a land bank of 1,75,000 acres readily available for different industries to set up their businesses. Farmers are ready to give us land as we are paying a handsome price. We currently hold 40 per cent of India’s natural mineral wealth and we are on the way to becoming the power hub of the country by 2019[3] .”

Interestingly, under the tag of the government land, three categories of land data were incorporated in the land bank – 1) common land of the villages including grazing land, play grounds, village paths, etc. 2) sacred groves (Sarna, Deshavali and Jaherthan) and 3) forest land, which entitlements were supposed to be given to the Adivasis and other traditional forest dwellers.

The most surprising aspect of the land bank is that out of 2,097,003.81 acres of land 1,016,680.48 acres of land is forest land, which is 48.4 percent of the total land of the land bank (see Table 2). If we analyze the data of land bank at the district level, Chatra district tops the list with 92.3 percent of the forest land reserved in the land bank. Bokaro secures second place with 90.8 percent and Giridih gets third berth with 72.8 percent of forest land kept in the land bank. However, in terms of area of forest land, Giridih gets the first place with 329,539.12 acres of forest land out of 452,074.26 acres of land of land bank. Simdega secures second position with 244,434.50 acres out of 358,450.52 acres and Gumla acquires third place with 87,082.74 acres of forest land out of 181,222.78 acres of land of the land bank.  

Table 2: Forest land in Land Bank

Sl. No. District Total Plot Area of land in Acre Forest Land
In Acre In %
1 Ranchi 10,327 1,07,677.69 78,256.44 72.68
2 Khunti 5,863 53,387.93 12,888.14 24.14
3 Lohardaga 3,951 14,372.30 9,742.95 67.79
4 Gumla 98,209 1,81,222.78 87,082.74 48.05
5 Simdega 1,10,766 3,58,450.52 2,44,434.50 68.19
6 East Singhbhum 22,151 31,607.71 8,159.21 25.81
7 West Singhbhum 27,041 3,75,662.09 49,922.02 13.29
8 Saraikela 5,609 24,467.66 5,008.71 20.47
9 Bokaro 2,624 21,827.03 19,823.80 90.82
10 Dhanbad 6,504 30,769.46 11,648.14 37.86
11 Ramgarh 574 4,284.94 2,795.72 65.25
12 Kodarma 278 4,128.11 73.38 1.78
13 Hazaribagh 1,973 25,190.21 15,801.12 62.73
14 Chatra 482 6,490.65 5,993.08 92.33
15 Palamu 0 3,005.20 1,668.50 55.52
16 Garhwa 31,319 33,546.72 7,536.10 22.46
17 Latehar 12,508 79,177.25 34,407.49 43.46
18 Dumka 17,308 77,762.05 16,629.96 21.39
19 Pakur 15,460 69,241.36 31,436.90 45.40
20 Deoghar 7,106 43,562.69 15,424.56 35.41
21 Giridih 16,642 4,52,074.26 3,29,539.12 72.89
22 Godda 4,956 23,417.28 5,929.15 25.32
23 Jamtara 9,607 36,086.36 5,803.17 16.08
24 Sahebganj 7,889 39,591.56 16,675.58 42.12
Total 4,19,147 20,97,003.81 10,16,680.48 48.48

Source: Land Bank, Department of Land Reform and Revenue (Govt. of Jharkhand)

This is a gross violation of the section 4(1) and (5) of the Forest Rights Act 2006, which recognizes the individual and community rights over the forest and forest land. It has been categorically mentioned in the section 4(5) that no member of a forest dwelling Scheduled Tribe or other traditional forest dweller shall be evicted or removed from forest land under his occupation till the recognition and verification procedure is complete[4]. In fact, the forest rights are denied to the community by enlisting the forest land and community forests in the land Bank.

The land Bank also violates the Provisions of Panchayat (Extension) in Scheduled Area Act (PESA) 1996, which recognizes the self determination of the Adivasis and empowers the Gram Sabha (village council) to manage the natural resources. This is also the violation of the Supreme Court judgment in the case of ‘Odisha Mining Corporation vs Ministry of Forest and Environment and others (c) No. 180 of 2011, which clearly states that the Gram Sabha is the owner of the natural resources, therefore, the common land, sacred groves and forest & forest land of the villages cannot be acquired without the consent of the Gram Sabhas. The formation of the Land Bank is a clear denial of the forest rights to the Adivasis and other traditional forest dwellers, which will also ensure the continuation of the historical injustice.

References: 

[1] Dungdung, Gladson. 2019. Ulgulan Ka Sauda. Ranchi: Adivasis Publications.

[2] Letter of the Department of Revenue and Land Reform, dated 31st December 2014.

[3] https://www.theweek.in/content/archival/news/biz-tech/jharkhand-government-creates-land-bank-for-industries.html

[4] Forest Rights Act 2006, Ministry of Tribal Affairs (Govt. of India)



Categories: General, Ground Report

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2 replies

  1. Well presented artical. Right thinking adivasis need to ponder over the issues.

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  1. A Rs 56,000-cr afforestation fund threatens India's indigenous communities - JIFFY360.COM

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