By
Ritwick Dutta
24
Dec 2011
Unlike
the Supreme Court order on forest in T. N. Godavarman Thirumulpad Vs
Union of India case, the order with respect to common land in Jagpal
Singh Vs Union of India is largely unknown and hardly any initiative
has been taken by concerned groups including NGOs.
n
1996, the Supreme Court passed a landmark order on forest: expanding
the definition of forest from areas declared as forest in government
records to an all encompassing term which includes all areas which
satisfy the dictionary meaning of forest. The court directed that in
all areas which are forests, irrespective of ownership and
classification, no forest land can be diverted for ‘non forest
purposes’ without the prior approval of the central government.
The
case titled as T.
N. Godavarman Thirumulpad Vs Union of India triggered
series of action across the country. The forest departments got a new
lease of life, as well as added responsibility. However, what was
significant was the role of NGOs, concerned individuals in using the
Godavarman judgment
in protecting areas of vital ecological importance. Thus, a retired
Range officer fought and succeeded in stopping the Kudremukh Iron ore
Company from destroying the Western Ghats, while NGOs in Mumbai
succeeded in sending the Forest Minister and additional Chief
Secretary to Jail for one month for allowing saw mills to operate in
violation of law. Even after a decade and a half the Godavarman
case
continues to be heard on a weekly basis by the Supreme Court and
continues to spring surprise: the action against mining in Bellary by
the ‘Reddy Brothers’ is the most recent court’s action.
|
The
Supreme Court directed for speedy eviction of all encroachments
and stated that long years of occupation and investments made
should not be the reason for regularization of encroachment of
common land.
|
In
January 2011, the Supreme Court passed an order which had the
potential to be as important (if not more) than the Godavarman
judgment.
This relates to the Supreme Court’ judgment in Jagpal
Singh Vs Union of India where
the Supreme Court observed the need to protect ‘common lands’
across the country, whether in the form of ponds, grazing grounds,
Ramlila grounds, graveyards etc.
mmon
use by the village community at large and could not be used for
commercial purposes, but unfortunately, a combination of ‘muscle
power, political power and money power’ has led to the usurpation
of this common land by private vested interests. The Court directed
for speedy eviction of all encroachments and stated that long years
of occupation and investments made should not be the reason for
regularization of encroachment of common land. In view of the
importance of the issue, the Supreme Court following the Godavarman
model decided to monitor the implementation of the order.
It
is surprising that unlike the Supreme Court order on Forest, the
order with respect to common land is largely unknown and very limited
initiative has been taken by concerned groups including NGOs (barring
few), in ensuring that the order is implemented in letter and spirit.
Jagpal
Singh’s judgement
offers immense scope in protecting not only the common land, but also
the lives and livelihood of people who depend on common land. Over
the last few years, some of the most intense environmental struggles
have been over common lands. The struggle to save the wetlands of
Naupada and Sompeta in Andhra Pradesh from the thermal power plants,
to protection of riverine islands in Assam from the dams in Arunachal
Pradesh have all centred on the need to protect the common lands.
Unfortunately, in most of the battles, the local communities have
been unaware of the ruling of the Supreme Court.
The
Supreme Court’s order on Common Land in Jagpal
Singh’s case
has as much, if not much wider scope than its orders on Forest
Conservation. However, it is for communities and Civil Society
Organisations to work together to get it implemented, since neither
the State nor the Corporate sector can be expected to be its
champion.
Only
time will tell whether Jagpal
judgment
turns into another Godavarman!
Now it’s up to Civil Society how it grabs the opportunity to make
it into another historic judgment and expands its implementation and
impact. Little initiatives can save our precious common lands.
©
Copyright 2009, All rights reserved with d-sector
No comments:
Post a Comment