PMO signal on forest diversion -Basant Kumar Mohanty

New Delhi: The PMO appears to be backing the forest ministry's decision to allow diversion of forestland for linear projects in certain areas without seeking the gram sabha's approval, despite objections raised by the tribal affairs ministry.

Although the tribal affairs ministry has strongly protested against the forest ministry's notification of October 28, 2014, on the ground that it violated the Forests Rights Act (FRA), its effort to issue a fresh notification to supersede the earlier one has apparently been held up by the stand taken by the PMO.

Official sources said the PMO had supported the relaxation in the FRA provisions as a measure to promote economic growth. Senior PMO officials are learnt to have voiced support for the forest ministry order to Hrushikesh Panda, secretary in the tribal affairs ministry.

The tribal affairs ministry has already drawn up draft guidelines on the FRA that would have nullified the forest ministry's order. But with the PMO taking a contrary position, the forest ministry notification has now been sent to the law ministry for examination.

On October 28, the forest ministry issued an order saying forestland could be diverted without seeking the gram sabha's consent if plantations on any piece of land were notified as forest after 1930.

Such diversion of forestland would be allowed in case of linear projects like roads, canals, laying of pipelines or optical fibre cables and transmission lines. Certain ministries had demanded such relaxation in the FRA.

Under the FRA, the gram sabha's consent has to be taken for any diversion of forestland for projects coming up in forest areas. It does not distinguish forests as notified before 1930 and after 1930. It allows exemption for diversion of land for small welfare projects like schools and hospitals where plot requirement is less than one hectare.

Panda has already written to Ashok Lavasa, secretary in the forest ministry, in protest against the October 28 order.

"This is not desirable in the interests of peace and governance in forest areas," Panda said in his letter.

In a co-ordination committee meeting with forest ministry officials, Panda had asserted that the tribal affairs ministry was the nodal agency for implementation of the FRA. If FRA provisions had delayed projects, it should have been brought to the tribal affairs ministry, he said. The meeting had decided that the tribal affairs ministry would issue another notification to supersede the forest ministry order.

Environment activists said the PMO line suggested the government was overlooking public concerns to promote industry.

The recently promulgated land acquisition ordinance, which did away with seeking landowners' consent to acquire plots for infrastructure projects in public-private-partnership mode, was another such move, they said.

"We apprehend that the government wants consent of people to be suppressed completely. The forest ministry's order was a small step. The land acquisition ordinance is another step," said Shankar Gopalkrishnan, the secretary of Campaign for Survival and Dignity, an NGO fighting for the rights of tribals and forest dwellers.

Tushar Dash, a researcher at NGO Vasundhara in Bhubaneswar, said the Centre was focused on promoting growth of private industry at the cost of poor tribals.

"The forest ministry order was a clear violation of FRA which had put checks and balances for forestland diversion. We have protested against it. But nothing is being done. If the government wants to give relaxation, it should amend the FRA," Das said.