Forest settlement officers get civil court powers

Providing more teeth to the forest settlement officers (FSOs), the state government has vested the powers of civil court under the Indian Forest Act, 1927, on them for the trial of suits related to forest rights.

Complying with an order of the Supreme Court, Sudhir Rajpal, Additional Chief Secretary, Environment, Forests and Wildlife Department, has issued a notification directing FSOs to “identify unauthorised structures raised on the forest land for further action in compliance with the orders of the apex court.”

Meanwhile, acting as the civil court, the FSOs have been authorised to issue proclamation to notify claimants and stakeholders about the settlement process. They would also consider and record objections from the forest officers and stakeholders, the notification said, adding that they would decide on the claims about the forest rights.

On the responsibilities of the FSOs, the notification said they would be mandated to inquire into rights of people, determine the boundaries of forest and manage disputes regarding forest rights.

“While executing these responsibilities, the FSOs can enter any forest land and survey, demarcate and prepare the map. However, the FSO would not be entitled to alter the forest boundaries as already-established by the Survey of India. The reference maps will be geo-referenced maps prepared by the Survey of India,” it asserted.

In its order on May 5, the Supreme Court said: “The state governments and the union territories (UTs) are directed to take steps to take back the possession of land from the persons/institutions in possession of such lands and hand over the same to the Forest Department. In case, it is found that taking back the possession of the land would not be in the larger public interest, the state governments/UTs should recover the cost of such land from the persons/institutions to whom they were allotted and use the said amount for the purpose of development of forests.” The states/UTs were asked to comply with these order within one year.

The notification asked the FSOs to ensure sustainable management of forest resources, besides balancing conservation and ecological needs.

Why more powers to forest officials

• Haryana has complied with a Supreme Court judgement to provide more teeth to forest officials

• To identify unauthorised structures raised on forest land for further action in compliance with order

• FSOs can survey, demarcate forest land and prepare the map. However, they can’t change forest boundaries earmarked by Survey of India

• To implement the apex court directive to states to take back the possession of forest land from persons/institutions