POSCO may have received forest clearance from Ministry of Environment and Forests but it is unlikely to give the Korean steel giant any acceptance from locals who continue to be opposed to the 12 million tonnes project.
In fact, the forest clearance is now embroiled in controversy with issues of forest rights coming into the picture. Since over 3003 acre, out of the 4,000 acre allotted to POSCO is forest land, MoEF’s decision has come in for grave objection.
Since area allotted to POSCO is technically classified as forest and has a large number of people living and cultivating the same for many decades, anti POSCO activists said that they have claimed rights under the Forest Rights Act.
Locals of Dhinkia village have already filed individual and community claims for their rights. According to Section 4 (5) of Forest Rights Act, removal of any forest-dweller from its land until recognition of rights is complete has been barred. In fact, Section 3(1)(a) recognises rights of forest dwellers to land they cultivate. Besides, Sections 3(1)(i) and 5 empower the community to protect community forests while Section 7 makes any violation of provisions a criminal offence.
POSCO Pratirodhi Sangram Samiti activists wondered that “Beginning January 1st 2008, it is illegal to hand over forest land to anyone without complying with the legal requirements. How can the MoEF accord forest clearance even as these processes are yet to be complete?”
Mr Prafulla Samantary of Lok Shakti Abhiyan said that last year in March, the Gram Sabha of Dhinkia, which has statutory rights to initiate rights recognition exercise, passed resolution initiating process of claim of rights and demarcation of the boundaries of village community forest resource. Activists say the land can not now be distributed without violating the Section 5 of the Act. Last year in July, MoEF had issued a circular which stipulated certification from the State Governments for diversion of land and the consent of the gram sabha is also required. Since Dhinkia gram sabha has already denied diversion the clearance process is incomplete.
(Sourced from Express News Service)
