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Opposed to Tribal Minister’s promise in Assembly, FRA claims of Kinnaur tribals rejected to favor hydro-power company
Doling out forest land to the company but cannot grant tribal rights, shows government priorities; Empty promise on FRA made in Vidhan Sabha: Lippa Forest Rights Committee
Kinnaur: Barely few days after tall promises were made about implementation of the Forest Rights Act in the Legislative Assembly by the Tribal Minister Ramlal Markanda, the District Level Committee (DLC) at Rekong Peo has rejected the Individual Forest Rights claims of 47 tribal claimants of Lippa Village in Kinnaur District, said Forest Rights Committee, Lippa in a media statement. The order of the DLC, which was not signed by the three non-official members of the committee out of the six members, was termed as illegal and unjust by the Lippa Forest Rights Committee.
We condemn this order led by the Deputy Commissioner because the arguments for not recommending the 47 claims are totally baseless. It is clear that the officials are ignorant about the provisions of the FRA 2006. The DLC has just blindly accepted the incorrect decision taken by the bureaucratic members of the Sub Divisional Level Committee, where as we have provided the DLC detailed objections to the same, based on the provisions in the Forest Rights Act 2006,
said Subhash Negi of President of the Forest Rights Committee, Lippa.
The order of the DLC dated December 17, 2018, gives three arguments for not recommending the claims. The first is that the claims are not from ‘unsurveyed villages’ but from revenue villages. The second argument is that the evidence submitted by the claimants does not provide proof of three generations. The third argument says that the act was only for those who are primarily residing in forests and dependent on the forest land, implying that the claimants were not eligible. As per the FRC as well as the written objection submitted by the Individual claimants, all three arguments have been legally countered.
This Act is not just for ‘unsurveyed villages’ but is also applicable to revenue villages with residents who are dependent for their ‘bonafide livelihood’ needs on forest land. This has been adequately clarified by the Ministry of Tribal Affairs in a circular dated June 9, 2008.
This argument by the officials that claimants from revenue villages are not eligible is ridiculous because all 17,503 FRCs in Himachal are formed at Revenue Village level. If we go by their argument then the FRA 2006 cannot be implemented in Himachal at all since there almost no forest villages here. The FRA 2006 is applicable where ever people depend on forest land,
according to Prakash Bhandari, of Himdhara Collective advocating for the implementation of the Act.
Secondly, the Act requires the three-generation evidence clause only for non-tribal people (referred to as Other traditional forest dwellers in the Act), Whereas the applicants in the case of Lippa are all belonging to the category of Scheduled Tribe. Thirdly, the SDLC and DLC have both recommended the Community forest rights for the Lippa village without any objections.
This is s a partial reading of the law. While issuing the CFR title we are considered as ‘primarily residing in the forest, forest dwellers’, while considering the individual claims won’t the same criteria apply? This shows that the officials do not have even basic knowledge of the act,
added Negi.
It needs to be noted that individual claims can be made, as per the law for both housing as well as land being cultivated. The Gram Sabha of Lippa has recommended all 47 claims almost 6 months ago.
The decision of the DLC is also contentious because the forest land under Lippa Village was leased out to Himachal Pradesh Power Corporation Limited for the Kashang Stage 2 and 3 hydropower projects by the State cabinet on 0ctober 13, 2018. The Paryavaran Sangharsh Samiti, Lippa which has been opposing the forest clearance to the project, has objected to the cabinet decision taken on the grounds that it “is a clear violation of not only of the PESA, FRA, 2006 and the NGT judgment dated 5th May 2016 but also the state’s own legislation”.
In 2016 the Green tribunal had ordered that the forest rights of the communities be settled as per provisions of the FRA and only after that the project proponents could approach the Gram Sabha for NOC.
The lease order was made under Himachal Pradesh Lease rules, 2013 for an underground area of 06-03-20 ha, situated in Up-Mohal Lappo of the Lippa Village. According to Tashi Chewang, Secretary Paryavaran Sanrakshan Sangharsh Samiti, “Rule 11 sub-rule 2 (iii) of the Himachal Pradesh Lease Rules, 2014 clearly states that
In Scheduled areas, the Sub-Divisional Officer (Civil) shall also refer the lease application to the concerned Gram Sabhas for consultation. He shall proceed further only after obtaining the Gram Sabha’s resolution
in this regard.
But during the whole process of leasing out land to HPPCL, neither the SDM has ever approached or consulted with the Lippa gram sabha nor the gram sabha ever passed any resolution in this regard.
The ‘Vanya Prani, Van Evam Jaivividhta Sanrakhsan Samiti’ formed under rule 4(E) of the FRA 2006 by Lippa Gram Sabha has issued a legal notice to the Chief Secretary and 6 other high level officials challenging the lease order.
The people of Lippa village for the last ten years have been struggling against the projects because of the havoc that diversion of the Kerang Khad would cause. Kerang is a perennial stream that flows adjacent to the Lippa village and it helps in flushing out the huge silt and debris that come towards the village from another stream called the Pager Khad.
If the Kerang is diverted by the project then the Pager khad will destroy the village, added Chewang. The Chilgoza forest and other biodiversity on which the livelihood of locals is directly dependent will also be impacted by the forest diversion and construction
, according to members of the Paryavaran Sanrankshan Sangharsh Samiti.
Our struggle is for our day to day survival and livelihood using every law that is available for protection of tribal rights. But when the State is violating all these constitutional laws and provisions, what is the community to do?
asks R.S Negi leader of Him Lok Jagriti Manch, Kinnaur, a platform for tribal rights in the District.
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HP Cabinet Decisions: Eligibility Criteria for BPL List, Special Task Force to Combat Drug Abuse & Other Decisions
Shimla-The Himachal Pradesh Cabinet, in its meeting held on Thursday, approved the inclusion of the following families in the BPL list:
- Families with no adult members between the ages of 18 and 59.
- Women-headed families.
- Families whose head has a disability of 50 per cent or more.
- Families that worked for at least 100 days under MNREGA in the previous financial year.
- Families whose earning members are suffering from chronic diseases such as cancer, Alzheimer’s, Parkinson’s, muscular dystrophy, thalassemia, or any other condition resulting in permanent disability.
The Cabinet also approved the establishment of a Special Task Force to combat drug abuse and dismantle drug trafficking and organized crime networks in the state through a comprehensive and multi-faceted approach.
Additionally, the Cabinet decided to promulgate an ordinance to amend Schedule 1A of the Indian Stamp Act of 1899. This amendment will facilitate the levy of a uniform stamp duty rate of 12 per cent on transfer and lease transactions secured under Section 118(2)(H) of the Himachal Pradesh Tenancy and Land Reforms Act, 1972, with prior approval from the State Government.
The Cabinet approved a ban on the felling of trees, except for Safeda, Poplar, Bamboo, and Khair (for sale), in accordance with a ten-year program.
The Cabinet reiterated its request to the Government of India to adopt a 90:10 funding formula for the power component of the Kishau Multipurpose Project, similar to the formula adopted for its water component. Alternatively, the Cabinet proposed providing a 50-year interest-free loan for the entire amount payable by the State Government for the power component under the Inter-State Agreement.
It approved the establishment of a 1 MW Green Hydrogen Project in Nalagarh, to be executed by HPPCL.
The Cabinet sanctioned the imposition of Green Energy Development Charges for Pumped Storage Projects. A charge of ₹2.5 lakh per MW per year will be levied for the first 10 years after the project’s commissioning, increasing to ₹5 lakh per MW per year thereafter.
Approval was given to introduce the Himachal Pradesh Sadbhawana Legacy Cases Resolution Scheme 2025 to resolve pending cases, litigations, and arrears under subsumed enactments such as VAT, CST, Entry Tax, etc.
The Cabinet decided to designate the area surrounding the Tara Devi Temple in Shimla district as a Green Area.
It approved the creation and filling of 10 Junior Office Assistant (IT) posts for the Himachal Pradesh Public Service Commission, Shimla.
The Cabinet selected the Centre for Development of Advanced Computing (C-DAC), under the Ministry of Electronics and Information Technology, Government of India, to conduct computer-based tests for the recruitment of Group-C posts through the Himachal Pradesh Rajya Chayan Aayog, Hamirpur.
Approval was granted for creating the Block Primary Education Office at Rohnat by bifurcating the existing Block Primary Education Office at Shilai in the Sirmaur district.
The Cabinet decided to transfer three-gram panchayats — Matyal, Kudal, and Dhadol — from Development Block Lambagaon to Development Block Baijnath in Kangra district to serve the residents of these areas better.
The Cabinet approved the Baddi-Barotiwala-Nalagarh Development Authority Land Pooling Policy-2025.
It also approved the establishment of the Himachal Pradesh State Water Informatics Centre to collect data from domain-specific bodies, develop new databases, and disseminate comprehensive water-related information.
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HP Govt Takes Action Against Striking Zila Parishad Employees, Orders Fresh Recruitment
Shimla– Himachal Pradesh Government has initiated action against Zila Parishad cadre employees, who have been on strike since September 30 over their demands for a merger with the Panchayati Raj Department. To start with, the Govt has terminated the services of 167 Junior Engineers (JEs) and ordered fresh recruitment of Diploma or Degree holders in Civil Engineering.
According to the Director, Panchayati Raj Department, Rugved Milind Thakur, notifications have been issued to the Chief Executive Officers of Zila Parishad and the Deputy Commissioners regarding the same.
Earlier, Chief Minister Sukhvinder Singh Sukhu, in a statement to the media, had said that at a time when the State was hit by a natural disaster and is in the middle of carrying out relief work and rehabilitation of the affected people was not an appropriate time for such strike. He further added that the demands of these Zila Parishad employees would be attended to when conditions are suitable. He had added that the employees wouldn’t get anywhere by using pressure tactics against the State Government.
The Panchayati Raj and Rural Development Minister Anirudh Singh had maintained the same argument and urged the employees to end the strike and get back to work because their absence was obstructing relief work. Anirudh Singh argued that the HP Government was serious about the demands of the employees, but their merger will have to go through various stages in accordance with the rules and legal procedure. This process would take time, he said. However, the Minister also failed to convince the striking employees to get back to work.
A few days back, a spokesperson of the HP Panchayati Raj Department had issued a statement, which said,
“Absence of technical staff was causing delayed wage payment to the MGNREGS workers as well as hampering development works being undertaken for disaster relief and restoration. A special package has been announced by the state government for the disaster-affected families. Under this package, reconstruction of houses and cowsheds and other relief and rehabilitation works, conservation activities of agriculture and horticulture land, etc. were to be done. But these works are being affected due to the absence of technical staff.”
The Department had also sought details from all the Chief Executive Officers of the Zila Parishads regarding the absence of employees in view of the delay in developmental and disaster relief works by October 18, 2023. The government termed their absence as unauthorized.
The Department said that it was taking all necessary steps to deal with the situation arising due to the absence of certain categories of employees.
“There should not be any unnecessary delay in disaster relief and rehabilitation works and the Panchayati Raj Department was determined to ensure all assistance and other benefits to the affected families on time,” the Spokesperson said in a statement.
The Department had also handed over the charge of Panchayat Secretaries temporarily to Gram Rozgar Sevaks, Sewing Teachers, and Panchayat Chowkidars. They were also given financial powers. The Panchayati Raj Department justified that these alternative arrangements were helping to restore the issuance of certificates and other routine works of the Gram Panchayats.
However, the striking employees on Friday said the alternative arrangements weren’t working at all, thus, causing a huge inconvenience to the people. The employees said that the decision of the government to sack the JEs has not affected their strike, and it will go on indefinitely till their demand for merger is met.
Why Zila Parishad Employees Are on A Strike
4,700 Zila Parishad cadre employees have been on indefinite pen-down strike since September 30, stalling the routine functions of Zila Parishads. The main demand of the Zila Parishad cadre employees is the merger with the Panchayati Raj Department so that they could avail benefits on a par with the employees of the other government departments.
These employees also said that despite a poll promise before the elections to the State Assembly, the current Congress government was denying them the new pay scale.
These employees argued that they were suffering financial loss, and they were not receiving dearness allowance (DA) and arrears while other employees were getting these benefits.
The employees are also demanding regularization under the contract policy. The strike has also received support from Panchayat representatives.
News
HP Cabinet Decisions: Construction in Shimla’s Green Belt Areas Permitted, Special Relief Package Approved
Shimla-Himachal Pradesh Cabinet on Wednesday held a meeting under the Chairmanship of Chief Minister Thakur Sukhvinder Singh Sukhu. Here are the decisions taken by the Cabinet:
Approval to Construction in Shimla’s Green Belt Areas
The Cabinet also decided to amend the Shimla Development Plan and construction would be permitted in green belt area lying above the road, from Navbahar to Ram Chandra Chowk to Machhiwali Kothi to Christ Church to Lakkar Bazar to IGMC to Sanjauli Chowk to Navbhar where there are no trees.
As per the Government, residential construction in the Green Belt area as per the Shimla Development Plan will be permitted only on those plots in which there are no trees.
It also decided to amend HP Town and Country Planning Rules to allow construction at a distance of 5 meters and 7 meters from Nallah and khad respectively.
The Cabinet decided to provide two Biswas of land in urban areas and three Biswas of land in rural areas who have been rendered homeless and those who are not left with land suitable for the construction of new houses.
HP Govt’s Special Package Approved
Nod was given a Special Relief Package for the disaster-affected families in the State as announced on 30th September 2023 by Chief Minister Sukhvinder Singh Sukhu.Under the Special Package:
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- The compensation of Rs. 1.30 lakh for a completely damaged house would be increased five and a half times to Rs. 7 lakh.
- The compensation of Rs. 4,000 for partial damage to a ‘kutcha’ house would be increased by 25 times to Rs. 1 lakh, while the compensation for partial damage to a ‘pucca’ house to be increased by 15 and a half times, from Rs 6500 to Rs. 1 lakh.
- Compensation of Rs. 25,000 given in case of damage to a shop or dhaba would also be enhanced four times to rupees one lakh.
- The HP Government will also provide increased financial assistance of Rs. 50 thousand instead of Rs. 3000 for damage to the cowshed. T
- The state government will provide assistance of Rs. 50 thousand for damage or loss to the belongings of the tenants thereby marking a 20 times increase, from the existing Rs. 2500.
- For the loss of large milch and draught animals compensation of Rs. 55000 and for goat, pig, sheep and lamb Rs. 6000 per animal compensation would be provided.
- The compensation of Rs. 3615 per bigha for damage to agricultural and horticultural land would be increased to Rs. 10 thousand.
- The compensation on crop loss of Rs. 500 per bigha is to be increased eight times to Rs.4000.
- The financial assistance for removing silt from agricultural and horticultural land is to be enhanced from Rs. 1384.61 per bigha to Rs. 5000.
This special package would be granted from 24th June 2023 to 30th September 2023.
‘Van Mitra’ Scheme Approved
The Cabinet approved the Forest Department ‘Van Mitra’ Scheme. Under this scheme, one ‘Van Mitra’ each, in 2061 Forest Beats would be engaged. It also decided to fill up 100 vacant posts of Forest Guards in the Forest Department on a contractual basis.
It decided to enhance the honorarium of Jal Rakshaks, Multi-Purpose Workers, para fitters and para pump operators of Jal Shakti Vibhag by Rs. 500 per month raising it to Rs. 5000, Rs. 4400, Rs. 6000 and Rs. 6000 respectively.
Chintpurni Passenger Ropeway
The Cabinet approved in principle to establish a passenger ropeway system from Chintpurni Baba Mai Dass Bhawan Parking to Chintpurni Temple in PPP mode in district Una with a cost of Rs. 76.50 crore.
It also gave its approval to hire 15 e-taxis in the Transport Department.
It decided to promote Amateur and Community Radios for ‘Alternate Communication during emergencies in all districts of the State. This would provide effective information exchange between information sources, emergency managers and those impacted by disaster or emergent situations.
The Cabinet decided to reduce the Additional Goods Tax on lead by 25 paise per kg.
It also accorded approval to grant 234 routes for private operators and additional 100 routes for tempo travelers to provide better transport facilities to the people of the State.
It also gave its approval for declaring Traffic Inspectors, Motor Vehicles Inspectors, Senior Motor Vehicle Inspectors of the Transport department and Assistant Sub Inspector and Head Constable of the Police Department as designed authority to compound the offences under various Sections of the Motor Vehicle Act, 1988.