
SHIMLA, March 26: The Ministry of Environment and Forests has raised serious objections over Himachal Pradesh government’s populist decision to transfer the ownership of “khudro darakhtan” (spontaneous growth trees) to individual land-owners.
Reliable sources said the ministry has slapped a notice on the government seeking a detailed explanation on the decision which has been termed as a “clear violation of the Forest Conservation Act”. A separate notice has also been served on Principal Chief Conservator of Forests S. K. Pandey who has been told that legal course would be taken, if he failed to send a satisfactory reply.
Interestingly, Pandey himself had served in the ministry before his repatriation to the state government. He has been given a month’s time to explain his position failing which the ministry would take action against him. The communication received here also reminds Pandey and the state government about directions of the Supreme Court on land uses since all wastelands in the country fall in the category of protected forest areas.The issue of “khudro darakhtan malkiyat sarkar” had been hanging fire since several years. The previous Congress governments had undertaken detailed exercises to transfer the ownership of spontaneous growth trees to farmers. However, the major initiative came only after Prem Kumar Dhumal became the Chief Minister.
Hundreds of farmers in Hamirpur, Kangra and Una districts have been up in arms since all spontaneous growth trees in their lands belong to the government. “This was a major anomaly as farmers in other parts of Himachal enjoy ownership rights of such trees,” says Revenue Minister Rajan Sushant.
Sushant, who himself headed a high-level committee which had made recommendations to the government for transfer of ownership, claims that the government has not committed any violation of the Forest Conservation Act. The minister says “our decision is limited to the change of ownership of such trees to the farmers instead of the government. For all other matters relating to exploitation and felling of such trees, the policy of the Forest Department will prevail.”
Sources in the Forest Department suggest that it would have been more appropriate if the state government had taken prior permission of the Ministry of Environment and Forests. The fact remains that the ministry had sent at least two notices earlier when the matter was under the state government’s active consideration. Neither of these notices were replied to.
Now, when the ministry has served a final notice, the government was preparing a detailed case for seeking the ministry’s permission on its decision. The notification authorising the transfer of “khudro darakhtan” had already been issued by the government on March 15 last — just few days after its formal announcement in the budget by the Chief Minister.
Dhumal, when contacted, said the government would get the decision implemented. He would himself take up the matter with Union Environment Minister Suresh Prabhu and explain to him the factual position, he added.




