BILASPUR : The issue of evictions from forest and government land in Himachal Pradesh has sparked outrage after the latest eviction orders by the high court. Issued under the HP Public Premises & Land (Eviction & Rent Recovery) Act, 1971, and Section 163 of the Land Revenue Act, 1954, these directives have raised legal concerns, as they conflict with the Forest Rights Act (FRA), 2006, a central law that supersedes state forest regulations.
Legal experts argue that the Supreme Court’s judgment in Writ Petition Civil No. 180 of 2011 (Orissa Mining Corporation Ltd. vs. MOEF & Others) on April 18, 2013, clearly states that no eviction from forest land can take place until the verification and recognition of forest rights claims is completed. Despite this, evictions continue across Himachal, violating the protections granted under the FRA.
The FRA grants land rights to tribals and traditional forest dwellers who have been residing and farming on forest land before December 13, 2005. Given that a significant portion of Himachal’s farmers belong to Scheduled Castes (SC) and Other Traditional Forest Dwellers (OTFDs), they are legally entitled to these protections. However, both BJP and Congress governments have failed to implement the FRA fully, leaving thousands of families vulnerable to eviction.
Himachal Pradesh has 55,673 square kilometers of land, with 67% classified as forest area. Yet, 13.90 lakh hectares of this land have been traditionally occupied by local communities, documented as Bartandaari rights in old revenue records. The FRA mandates that these rights be recognized, regardless of whether the land has been designated as National Park, Sanctuary, or Protected Forest.
Forest dwellers must submit their claims to the Gram Sabha’s Forest Rights Committee, as eviction cannot proceed until claims are fully verified. Activists urge the Himachal Pradesh government to argue in court that eviction should be halted until the FRA process is complete.
A state-wide campaign has been demanded to expedite the recognition of forest rights, ensuring secure land tenure for thousands of families who have lived on and nurtured the forests for generations.