Jammu Kashmir Forest Department Issues Fresh Guidelines on Forest Rights, Encroachments

   

SRINAGAR: The Jammu and Kashmir Government has issued fresh directions to ensure faster disposal of pending forest rights claims while calling for strict action against unauthorised occupation of forest land in accordance with law.

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The directions were issued through Circular No. 07-JK(FST) of 2026 dated August 11 by the Department of Forest, Ecology and Environment, under the signature of Sheetal Nanda, IAS, Commissioner/Secretary to the Government.

Deputy Commissioners, in their capacity as chairpersons of District Level Committees under the Forest Rights Act (FRA), have been asked to ensure that pending claims are processed and decided expeditiously by the competent authorities following the prescribed legal procedure.

The Government said forest conservation and recognition of genuine rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers must be addressed within the applicable statutory framework. It referred to the Indian Forest Act, 1927, as applicable to JK, and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

The circular also directs the Forest Department to verify reported occupation of forest land by examining forest and revenue records, land classification, the nature and extent of occupation, period of occupation, identity and eligibility of claimants, supporting evidence and the actual ground position.

Authorities have been instructed to reconcile forest and revenue records and carry out demarcation wherever required to prevent erroneous identification, overlapping claims and unauthorised occupation. However, such reconciliation or demarcation should not prejudice any claim pending under the Forest Rights Act.

The Government has made it clear that if an occupation is found to be unauthorised and is not covered by a forest right recognised under the FRA or otherwise protected by law, the concerned Forest authorities must initiate appropriate action for its prevention or removal.

Such action is to be taken in accordance with the Indian Forest Act, 1927, other applicable laws and prescribed procedures, while giving due regard to Section 4(5) of the Forest Rights Act, 2006.

The circular further states that the existing forest character and ecological integrity of an area must be protected while claims under the FRA remain pending. No activity should be allowed to alter the physical status of forest land, degrade forest resources, damage forest growth or otherwise undermine forest protection and conservation.

The Forest Department has also been directed to provide necessary assistance to Gram Sabhas, Sub-Divisional Level Committees, District Level Committees and other competent authorities involved in verification and settlement of forest rights claims.

Claims or proposed activities concerning protected areas or ecologically sensitive areas will have to be examined under the Forest Rights Act, Indian Forest Act, Wild Life (Protection) Act, 1972, environmental laws, judicial directions and other applicable statutory requirements.

District Level Committees have been asked to properly maintain and update records relating to forest rights claims, while Territorial Forest Divisions have been directed to maintain records of unauthorised occupations, claims received, accepted and rejected claims, pending cases, areas where rights have been vested and action taken against unauthorised occupation.

The Government has also directed that these records be reconciled, wherever necessary, with records maintained by the Revenue Department and other concerned departments.

The circular reiterated that all action relating to forest land, encroachments and forest rights must conform to the applicable laws, judicial directions and instructions issued by competent authorities.

All concerned authorities have been directed to ensure strict compliance with the guidelines while protecting forests and ensuring that legitimate claims of forest-dwelling Scheduled Tribes and other traditional forest dwellers are dealt with in accordance with the statutory framework.

 

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