J&K Govt issues directions on Forest rights claims, conservation and protection of forest land

Deputy Commissioners asked to expedite pending claims under Forest Rights Act, 2006; emphasis on balancing legitimate rights with forest conservation

Jammu: The Government of Jammu & Kashmir has issued directions regarding the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, with emphasis on expeditious disposal of pending claims, protection of legitimate forest rights and safeguarding forest ecosystems.

The directions underline the need to ensure that the forest rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers are duly recognised and protected in accordance with the provisions of the Forest Rights Act, 2006, without compromising the integrity, protection and conservation of forests.

The Deputy Commissioners concerned have been asked to ensure that all pending claims are processed and disposed of expeditiously and strictly in accordance with the prescribed legal procedure. Wherever occupation or possession is supported by a valid forest right duly recognised under the Act, the same is required to be dealt with in accordance with law.

The Government has also stressed the need for proper examination of cases involving overlapping or competing claims, with eligibility and other relevant aspects to be determined strictly under the provisions of the Forest Rights Act, 2006 and applicable rules.

At the same time, the directions make it clear that where an occupation is not covered by a duly recognised forest right or is otherwise not legally protected, the concerned authorities shall initiate appropriate action in accordance with the prescribed procedure and applicable laws.

The Government has emphasised that such action must be undertaken with due regard to the protection and conservation of forests, and that no activity resulting in damage to forest resources or compromising conservation objectives should be permitted.

The directions further call for close coordination between the concerned authorities, including the Forest Rights Committees and Territorial Forest Divisions, in matters relating to claims and forest land records.

Territorial Forest Divisions have been directed to maintain and update records concerning areas where forest rights have been recognised, rejected or remain pending, as well as areas where rights have been duly vested under the Forest Rights Act, 2006.

The Government has also stressed the importance of maintaining proper records regarding action taken in cases involving unauthorised occupation, particularly in areas where claims have already been adjudicated. Such records are to be maintained in coordination with the competent authorities and in conformity with applicable provisions of the Indian Forest Act, 1927, the Forest Rights Act, 2006 and relevant wildlife and environmental laws.

The directions reiterate that all concerned authorities must implement the instructions in letter and spirit, ensuring an appropriate balance between forest conservation and the legitimate rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers.

The Government has called for strict adherence to the statutory framework and procedures prescribed under the Forest Rights Act, 2006, while ensuring that both forest protection and lawful community rights are effectively safeguarded.The directions have been issued by the Department of Forest, Ecology and Environment, Government of Jammu & Kashmir, for compliance by all concerned authorities.