The Hindu : `Excluded tracts' not covered by Central Act, say experts

Online edition of India's National Newspaper
Tuesday, May 13, 2003

Southern States

Southern States - Kerala

`Excluded tracts' not covered by Central Act, say experts

By G. Prabhakaran

PALAKKAD MAY 12. Experts here feel that there are thousands of acres of `excluded tract' under the possession of the Kerala Forest Department that could be allotted to tribals as they are not covered by forest laws.

In the Attappady Hills, 4,978 acres of `excluded tracts' are available in Sholayur village. Another 3,000 acres at Kinnakkara in the Pudur village of Attappady are being encroached. Such lands are also available in the districts of Idukki, Kannur and Kasargod, sources in the Forest Department say.

Section 2 (f) of the Kerala Private Forest (Vesting and Assignment) Act, 1971 defines private forest as any lands which are covered under the Madras Preservation of Private Forests Act, 1949 and any forest not owned by the Government.

Section 2 of the MPPF Act applies to the land situated in Malabar but not to the reserved forests constituted under the Madras Forest Act, 1882 and the lands under the disposal of the Government as defined in that Act.

The area under the disposal of the Government includes all unoccupied and temporary occupied lands. So any unoccupied land at the disposal of the Government will not come under the provisions of the Madras Preservation of Forest Act, 1949, and any land under the disposal of the Government shall not attract the provisions of Section 3 of the Kerala Private Forest Vesting and Assignment Act, 1971.

In the case of the excluded tracts in Attappady, the land was in dispute between Tamil Nadu and Kerala Governments during the reorganisation of the State and finally the property was declared to be that of Kerala State.

Thus the property was owned by the Government since the State's reorganisation in 1956 and it was never under a private ownership or management. So the area falls under the category of land at the disposal of the Government.

Any forest or any land owned by the Government will not fall under the provisions of the Kerala Private Forest Vesting and Assignment Act, 1971. So the notification (No.A1-4122\2001 dated May 5, 2001) of the Custodian of Vested Forests, Olavakkode in Palakkad, declaring the excluded tract as vested forest at Sholayur in Attappady, is unsustainable and this does not have the status of a reserve forest but purely a land under the disposal of the Government.

Thus this excluded tract does not attract the provision of Section 2 of the Forest Conservation Act of 1980.

Since the excluded tract was never treated as forest in any of the Government records as this area is not supported with thick vegetation, even the Supreme Court directive contained in WA 202\95 shall also not attract in respect of this land. Thus this could be assigned to the landless tribals residing in and around the area for which no prior permission of the Central Government is required.

Such excluded tracts are available in many districts of Kerala adjoining other States. More such lands covered can be identified for distributing among tribals if an earnest effort is made by the Forest and SC-ST Departments.

There are also revenue land which were wrongfully notified as vested forests by the Forest Department.

One such example is the notification of 189.697 areas of revenue land as vested forests in RS.No.2 of Vemom Amsham in Mananthavady village of Wayanad. An area of 249.60 acres once owned by a European, N. M. Weir, was managed by the Collector of Bombay since 1922 under the Provisions of the Bombay Court of Wards Act, 1906.

Later this land became the property of the Maharashtra Government and they lost interest and the Kerala became its rightful owner. So this land is now at the disposal of the Government.

It shall not attract the provisions of the Kerala Private Forest (Vesting and Assignment Act), 1971 and now enjoys the status of forest.

Since this land does not qualify to be a reserved forest and there was documentary evidence to establish that it was under cultivation before 1980, Section 2 of the Forest Conservation Act, 1980 does not apply to it. So no permission of the Central Government is required to distribute this land among the landless tribals.

Legal experts say that if a close scrutiny is made in each Forest Division and districts, more such land could be identified for distribution among tribals.

Printer friendly page
Send this article to Friends by E-Mail

Southern States

Stories in this Section

Kerala Plan outlay fixed at Rs. 4,430 cr.

Ayodhya issue will be resolved in two months: Sankaracharya

Statutory panel to implement PAP mooted

Survey calls for naming wetland sites as bird sanctuaries

The tree that kills venomous snakes

KSFDC backs new tax structure for film industry

`Excluded tracts' not covered by Central Act, say experts

Call for `scheduling' all tribal habitations

Korambayil is dead