Madras HC raps third parties for exploiting tribals to encroach forest lands

CHENNAI: There are proofs for third parties using Tribals as a shield to encroach forest lands for their personal benefits, observed the Madras High Court and directed the District Collector to file a status report on forest land encroachment in Nilgiris.

A special bench of Justice N Sathish Kumar and Justice D Bharatha Chakravarthy directed the Nilgiris Collector to hold a meeting with the forest department to earmark the encroached forest lands for further proceedings.

The bench heard a case against 115 tribal individuals from Toda and Kota communities for allegedly transforming an extent of 400 acres of forest land near Glenmorgan, Ooty into agricultural lands.

“We are not against the lifestyle of tribal communities and their forest conservation practices, but some third parties are exploiting the tribals and encroaching on the forest lands for their personal and commercial gain, thereby converting tribals’ grazing lands,” noted the bench.

The non-tribals use machines and fertilisers for cultivation after encroaching on forest lands thereby destroying the forest ecology, hence it cannot be allowed, held the bench.

The court directed the Nilgiris Collector to file a status report and affidavit in this regard and directed the official to put an end to forest land encroachment.

The bench also directed the 115 tribals, who are impleaded in the case as respondents, to file tabulation with particulars regarding how much land they have converted into cultivation lands and which year it took place.

Nilgiris Adivasi Welfare Association, secretary M Alwas, representing the tribal community submitted that nearly 10,000 acres of forest were given to the tribals for grazing purposes. However, nearly 98 tribals from both Toda and Kota are now engaged in cultivation practices on the extent of 400 acres, he added.

Submitting that the forest department pushed the grazing tribal community into cultivation by planting Eucalyptus and Acacia on forest lands to generate income from wood industries, he sought the bench to exonerate the tribal people from the case and implead the secretary to the Ministry of tribal welfare, Nilgiris Collector, and State tribal welfare department.

Advocate R Rajagopal, appearing for tribal people, referred to the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, and submitted that they are entitled to forest land, hence the tribals are not encroachers as claimed. It was also submitted that in 2012, the tribals stopped further encroachments for cultivation purposes.

However, objecting to the submission, the bench noted the encroachments were expanded to the extent of 400 acres and this cannot be allowed as third parties are orchestrating the encroachments.

Submitting that there is clear evidence of encroachment of forest lands, Advocate C Mohan, amicus curiae appointed by the court, said the lands leased out to third parties should be revived.

The bench observed that “We are more concerned about the restoration of grazing forest land to safeguard the ecology” and posted the matter to March 7, for further submission.