Cancel pattas given to tribals: SC to Modi

On Friday, responding to an interim application filed by Amicus Curiae Harish Salve, the Supreme Court directed the Gujarat Government to immediately cancel the pattas. They reminded the state that it would be a violation of Supreme Court orders until the Government notifies the Tribal Act passed by Parliament in December 2006.

The application said that there is a procedure laid down for state governments to request regularisation of forest land by applying to the Ministry of Forests and Environment. States like Orissa and Chhatisgarh have followed it in the past. Regularisation of encroachments is the biggest reason for reduction in forest cover, it said.

They had pointed out that Modi’s largesse violates the Supreme Court order of November 2001 that had granted stay against regularisation of the encroachments on forest land prior to October 1980. In addition, the same writ petition had also stayed grants of land titles or regularisation of encroachments till December 1993. “Both the above orders granting stay by the Supreme Court are still continuing. In view of this, grant of titles of forest land to any person will be in violation of the orders of the SC,” said the letter. On October 2, Modi claimed he had forwarded 3,355 applications of tribals for approval under the 1980 Forest Act, but the Central Government failed to give its assent. In his speech, the CM went on to claim that Gujarat was the only state which had handed over ownership rights of over 34,000 hectares of forest land to 45,000 families.

The Act in question, recognises the rights of tribals over forest land which they have been occupying for generations. The Bill was passed by the Parliament in December 2006 after sharp differences between the tribal activists on the one side and wildlife enthusiasts on the other. Under pressure, the Centre is yet to notify the rules.