Billon residents up in arms against ‘illegal’ mining

The Tribune| Ludhiana, September 13

Residents of Billon village, Machhiwara, were up in arms against the senior government functionaries for not deciding their representation as directed by the Punjab and Haryana High Court regarding illegal mining in the village.

They alleged that the administration was not taking any step to stop illegal mining of sand and minerals at the behest of gram panchayat and pressure of big-wigs.

Taking to the reporters here, former panch Gurmit Singh, Subedar Zora Singh, Kulwant Singh Khalsa and Surinder Singh distributed copies of the orders passed by Justice Surya Kant and Justice Sudhir Mittal directing the Deputy Commissioner Ludhiana, Director Mining, Department of Industries and Commerce, Director Rural Development and Panchayat for deciding the representation moved by villagers in shape of legal notice dated July 27, 2017, within two months from the date of receipt of the copy of the order. 
Villagers of Billon, Machhiwara, show the High Court order in their writ petition against illegal mining. Tribune photo

Dalip Singh, Jora Singh and Paramjit Kaur of Billon village had filed a writ petition with a plea that under the garb of levelling the 9 acre shamlat land of the village, illegal mining was going on unabated. The villagers wanted to save their land, but the gram panchayat was justifying their decision.

It was alleged that the copy of orders were supplied to almost all offices, but nobody was interested in taking action for stopping illegal mining.

The said illegal action was being carried out in the shamlat land, which was very near to ancient monuments of Maqbara (tombs) of Bahadur Khan, Hussain Khan and Alawal Khan, which were declared protected monuments under the provisions of Punjab Ancient Monuments and Archaeological Sites and Remains Act. More so, the specific prohibitory orders were issued on August 1, 2017, against any digging or excavation of any kind near the said protected monuments.

These villagers claim that if they would not get justice, they would again move the High Court with a request to initiate appropriate proceedings against the officers concerned.

http://www.tribuneindia.com/news/ludhiana/billon-residents-up-in-arms-against-illegal-mining/466720.html

News Clipping: Pendu Mazdoor Union to hold protest [08.09.2017]

Tribune News Service, Jalandhar| September 7

An enquiry has been marked by the Rural Development and Panchayat Department against the owner of Kapur farm milk factory at Fazalpur/Ghug where activists of the Pendu Mazdoor Union (PMU) had protested against the illegal digging out of soil from the land of village panchayat and for dumping toxic water.

Activists of the PMU, who first raised the issue had also announced that they would held a protest at Ghugg village on September 10.

Farm Block Development and Panchayat Officer, Jalandhar West, and Panchayat Officer Madan Mohan along with Panchayat Secretary Sukhdev Raj visited the site to enqire into the matter. 

A land where toxic water has been dumped by a private factory owner at Ghugg village. A Tribune photograph

The owner of the farm Jaideep Singh told officials that the land had been bought from the legal owner of the land.

An activist of the PMU Kashmir Singh Ghugshore said as per the law, the land could not be sold or bought, since it was the property of the panchayat.

He alleged that the soil had illegally been taken out from the land, for which JCB machines had been pushed into service.

He alleged that the workers of the farm were dumping dirty and toxic water into three acres causing damage to the land.

He said the activists had also received threats but they will not give up their struggle.

A letter regarding this was given to the District Magistrate, Jalandhar Rural. Applications were also submitted to District Development and Panchayat officer personally.

A letter regarding this had also been sent to the Chief Minister, leader of the opposition Sukhpal Khaira, Panchayat Minister and other senior officials.

The activists also declared that a gathering on the issue would be held at the Ghugg village on September 10 on the issue.


http://www.tribuneindia.com/news/jalandhar/pendu-mazdoor-union-to-hold-protest/463940.html

News Clipping: HC sends Gwal Pahari dispute to civil court [11.08.2017]

Tribune News Service, Chandigarh| Aug 11, 2017


Less than six months after the controversial mutation of 464 acres of Gwal Pahari land in Gurgaon came under the judicial scanner, the Punjab and Haryana High Court today largely referred the matter to the civil court. The copy of the orders was not yet available.

Disposing of a majority of the pleas before it, the Bench of Justice SS Saron and Justice Avneesh Jhingan kept a couple of petitions pending while directing the parties concerned not to carry out construction, alienate the land or create third-party rights.

Situated in the foothills of the Aravallis, Gwal Pahari in Gurgaon district is close to New Delhi and Faridabad. The development is significant as Haryana, on a previous date of hearing, had asserted that the shamlat land was with the Municipal Corporation-Gurgaon (MCG).

The Bench was told that 164 acres of the total 464 acres had been vacated and 300 notices issued. No less than 139 persons had filed civil suits and stay had been ordered in some cases.

A petition in public interest was filed in the matter by Gurgaon resident-cum-RTI activist Harinder Dhingra for a CBI probe to find the persons involved in prime land mutation.

Alleging the involvement of bureaucrats, politicians and local revenue officials, he had claimed that ownership of the disputed land was with the gram panchayat of Gwal Pahari since 1940 and transferred to the MCG in 2010.

The then Financial Commissioner (Revenue), not competent to pass an order on mutation in 2012, had favoured some builders, he alleged. The order was passed on the application of a private party challenging the 2010 transfer of land.

The order was challenged by the MCG before the Financial Commissioner, who stayed the order. But in October 2015, another IAS officer had restored the order. Thereafter, the matter had reached the state government and a decision was taken for mutation of land in favour of the MCG.

But, this order, too, was declared void in January by District Collector TL Satyaprakash. This order was stayed by Gurgaon Divisional Commissioner D Suresh in February, the court was told.

The Bench had already made it clear that encroachments from shamlat or village common land were required to be removed by taking legal recourse. The Bench had added that ordering an inquiry into the matter would not help and the solution lay in following the Haryana Municipal Act.

The Bench asserted that the accepted position was that the land was with the MCG since 2010. “If it is shamlat land, provisions under Section 408-A need to be initiated and we will monitor it,” the Bench asserted. Section 408-A of the Haryana Municipal Act deals with power to evict persons from corporation premises and land.

The case

• A petition in public interest was filed in the matter by Gurgaon resident-cum-RTI activist Harinder Dhingra for a CBI probe to find the persons involved in the mutation of 464 acres of Gwal Pahari land in Gurugram
• Alleging the involvement of bureaucrats, politicians and local revenue officials, he had claimed that ownership of the disputed land was with the gram panchayat of Gwal Pahari since 1940 and transferred to the MCG in 2010.
  
  http://www.tribuneindia.com/news/haryana/hc-sends-gwal-pahari-dispute-to-civil-court/450221.html
  

Govt apathy chipping away at tribal rights

THE HANS INDIA |    Aug 09,2017 , 02:31 AM IST

Despite several enabling legislations that provide Adivasis self-autonomy, prohibit transfer of lands to non-tribals and also recognise their forest land rights, various organs of successive State governments initiated a number of measures that decisively undermine the initiatives of nodal agency – Tribal Welfare Department. These acts of sabotage are essentially related to non-implementation of the Land Transfer Regulations 1 of 70, the Panchayats (Extension to Scheduled Areas) Act, 1996, and the Forest Rights Recognition Act 2006.

To undo historic injustice to adivasis, the Indian state enacted the Forest Rights Recognition Act, 2006 (FRA), which recognises and vests diverse pre-existing rights over forest land. But it is made ineffectual by grant of Community Forest Rights (CFR)  to Vana Samrakshana Samithis (VSSs), instead of Gram Sabhas, despite them being declared illegal by the Union Ministry of Tribal Affairs.

Girijan Co-Operative Corporation (GCC) exercises monopoly over non-timber forest products (NTFPs). Governments continue to refuse to recognise habitat rights of the Particularly Vulnerable Tribal Groups and are responsible for non-conversion of forest/unsurveyed villages into revenue villages etc. 

The FRA recognises the rights of adivasis over the non-timber forests products including bamboo. No doubt, the AP government has laid more emphasis on individual forest land rights, but ignores community rights and community forest resources rights of adivasis. According to a study, the minimum available potential for Community Forest Resources in AP is estimated to be 35.01 lakhs acre.

The Gram Sabha has legal jurisdiction over this chunk of forest lands for its management and protection. However, the government distributed forest land pattas to 85,678 individuals over 2 lakh acres. In fact ensuring the rights of adivasis over the NTFP and provision for adequate market interventions for all NTFP products is the need of the hour. Such a step would help increase employment and income generation at local levels to poverty-stricken adivasis. 

The historical and legal perspective is that land in the Scheduled Area belongs to the tribals. Until and unless the contrary is proved, the land in occupation by non-tribals shall be deemed to have come through a transfer from tribals as per the Land Transfer Regulations (LTRs) (Amended) 1 of 1970. Although LTRs 1 of 1970 have been in force, its implementation has been rather poor. Survey and Settlement Department has granted settlement pattas in favour of non-tribals in violations of LTRs.

Such lands have not been restored to the tribals even by the officials empowered to do so. Politics and external drivers have undermined the objective of Fifth Schedule of the Constitution, which protects land rights of tribals. Yet another threat is intrusion of non-tribals into the Scheduled Areas, which continues unchecked, changing the very character of the Scheduled Areas. 

Another major concern is large-scale displacement of tribals by projects like Polavaram and their settlement in other tribal areas, which often result in inter-tribal conflicts. This can be avoided by converting non-Scheduled Areas into Scheduled Areas for rehabilitation and resettlement purposes. The eminent domain based laws recognise individual ownership, but ignore community rights over common resources which are basic to their livelihood.

The tribals cannot claim ownership on community resources even if they have lived on them for centuries before the colonial laws were enacted, and cannot seek legal compensation on par with private lands. It is the major causation for unrest among the project-affected tribals. Its result is impoverishment and marginalisation of project-displaced tribals.

Political parties are disinterested in ensuring the realisation of dreams of adivasis for their self-governance as envisaged under the Panchayats Extension to Scheduled Areas (PESA) Act 1996.  The self-determination is a recognised right of indigenous peoples  as well as their rights over resources. The Indigenous Peoples Day being observed on August 9 is intended to remind the state of its obligations in implementing special constitutional provisions for the overall uplift of the tribals.

By Dr Palla Trinadha Rao

http://www.thehansindia.com/posts/index/News-Analysis/2017-08-09/Govt-apathy-chipping-away-at-tribal-rights-/317711