PANAJI
A major legal and administrative exercise is underway in Goa over nearly 50 sq km of “unclassed forest” land -- areas that are under the custody of the Forest Department but are not officially notified either as Reserved Forests under Section 20 or Proposed Reserved Forests under Section 4 of the Indian Forest Act, 1927.
The emerging issue has opened up questions over encroachments, old cultivation rights, cumeri grants, and alleged illegal land allotments made after the Forest Conservation Act, 1980 came into force. The issue has now come to fore following the setting up of Special Investigation Teams (SITs) at the taluka level to identify and prepare an inventory of reserved forest land currently in possession of the Revenue department and probe whether any such land was allotted to private individuals or institutions for non-forestry purposes. SITs will recommend and initiate action to take back possession of such lands.
Sources explained that unlike other States, Goa does not have forest land formally vested with the Revenue Department. Forest areas in the State broadly fall under Reserved Forests, Proposed Reserved Forests and a separate category of “unclassed forests”-- tracts handed over to the Forest Department mainly for protection purposes.
Officials said many of these unclassed forest patches have witnessed encroachments over the years, while certain occupants claim traditional or cultivation rights that were never formally recognised.
The scrutiny has also brought focus on “cumeri” grants issued by the Revenue Department in forest areas. Under such grants, beneficiaries were only permitted to cultivate or use the land for fruit-bearing purposes, without ownership rights over the land itself.
Sources said under the grant conditions, if cultivation activity ceased, the land automatically reverted to the government. Similarly, if only part of the granted land was cultivated, the remaining portion was liable to be resumed by the government.
“These lands are now under examination because several cases involve occupation patterns that may not match the original grant conditions,” sources stated.
Another key issue pertains to land diversions and grants issued after the Forest Conservation Act, 1980 came into force. The central law effectively curtailed the powers of district collectors and mandated prior approval of the Central Government for diversion of forest land for non-forest purposes.
Officials indicated that any allotment or diversion of forest land made after 1981 without mandatory central approval could be treated as illegal and may either be restored to forest status or reconsidered under the provisions of the Forest Rights Act, 2006.
The exercise is expected to involve a detailed examination of historical land records, revenue grants, occupation claims and forest notifications.
Sources said the review could have far-reaching implications, particularly in areas where occupants are claiming cultivation or traditional usage rights over forest patches that were never formally regularised.
The Supreme Court, last year, directed all States and Union Territories to examine cases where reserved forest land may have been diverted for non-forest use and to take corrective action within one year.
