Kalahnadi: A fact finding team from CSD , Odisha consisting of 6 members visited the village Durmusi, G.P-Gopinathpur, Block Thuamul Rampur of Kalaandi district on 29th Nov 2011. The fact finding visit was based on the news report of the Pioneer “Company goons raze 56 tribal houses in K’ handi’ written by Bikas Khemka/Bhawanipatna on dated 13th October 2011 and the discussion in the Group mail “KBK O’ Table”. It was reported in the news that 56 houses of the tribal in the Baphlimali Hill of Thuamul Rampur block were destroyed by the Utkal Alumina goons.
It was that in the same village people have also got titles under Vasundhara land distribution scheme as per Orissa Government Land Settlement (OGLS) Act. Thus the objective of the fact finding visit was to know the fact behind the whole incident. In the first visit, we could go to the village Durmusi and interacted/discussed with the villagers of Durmusi, Suryagrah and other neighboring villages. We also collected information on the titles issued under FRA and homestead land titles issued under Vasundhara scheme, copies of the notice served by the Tahasildar, Thuamul-Rampur to the 56 people for cancelling the titles issued under Vasundhara scheme. Besides, we also took photograph of the village, hills and people of the village. In the second visit we could interact with the Sub-Collector, Bhawanipatna and Tahsildar, Thuamul Rampur. We interacted with them on the case and also collected more information on it.
It was that in the same village people have also got titles under Vasundhara land distribution scheme as per Orissa Government Land Settlement (OGLS) Act. Thus the objective of the fact finding visit was to know the fact behind the whole incident. In the first visit, we could go to the village Durmusi and interacted/discussed with the villagers of Durmusi, Suryagrah and other neighboring villages. We also collected information on the titles issued under FRA and homestead land titles issued under Vasundhara scheme, copies of the notice served by the Tahasildar, Thuamul-Rampur to the 56 people for cancelling the titles issued under Vasundhara scheme. Besides, we also took photograph of the village, hills and people of the village. In the second visit we could interact with the Sub-Collector, Bhawanipatna and Tahsildar, Thuamul Rampur. We interacted with them on the case and also collected more information on it.
The Case/Story in Brief
After the interaction with the people of village Durmusi (both the title holders under Vasundhara and FRA and others), people of village Suryagarh, Kendumundi and others, Rama Nayak(the Ex-Sarpanch of Gopinathpur), Present Tahasildar Netrananda Pradhan, Thuamul Rampur, Sub-Collector Satyanarayan Dash on the case and after going through the documents shared by them and other available secondary information i.e RoR relating to the case and village, the case can be narrated in the following ways. That, the people of the area have been living and depending upon the Hill of Baphalimalli since many generations. That the Baphalimali hill is coming under both Kalahandi District (Thuamul Rampur Tahasil/Block) and Rayagarda District (Kansipur Thasil/Block). Many small water falls are originated from the Baphlimali Hill due to bauxite deposits in the area. These small water falls are the main reasons behinds habitations/villages around and are vital for the live and livelihood of the thousands of people living in and around of the hills terrains. Besides, the people living around the Baphalimali hill has been used the Baphlimali during crops season by constructing small houses/huts and graze their animals on the plain area on the top of the hills.
After the interaction with the people of village Durmusi (both the title holders under Vasundhara and FRA and others), people of village Suryagarh, Kendumundi and others, Rama Nayak(the Ex-Sarpanch of Gopinathpur), Present Tahasildar Netrananda Pradhan, Thuamul Rampur, Sub-Collector Satyanarayan Dash on the case and after going through the documents shared by them and other available secondary information i.e RoR relating to the case and village, the case can be narrated in the following ways. That, the people of the area have been living and depending upon the Hill of Baphalimalli since many generations. That the Baphalimali hill is coming under both Kalahandi District (Thuamul Rampur Tahasil/Block) and Rayagarda District (Kansipur Thasil/Block). Many small water falls are originated from the Baphlimali Hill due to bauxite deposits in the area. These small water falls are the main reasons behinds habitations/villages around and are vital for the live and livelihood of the thousands of people living in and around of the hills terrains. Besides, the people living around the Baphalimali hill has been used the Baphlimali during crops season by constructing small houses/huts and graze their animals on the plain area on the top of the hills.
Baphalimali is one of the bauxite reach areas on which the local people hardly have any information. Of course they are better aware of the origin of a number of small water falls. Accordingly, the Utkal Alumina Company applied before the Govt. Odhisa to mine the Hill in 2004. The company also has constructed its Plant in the Kashipur area of Rayagarda district. The MoEF had also approved the Baphlimali for mining in Feb 2009 and the Environmental Impact Assessment (EIA) “Public Hearing” was conducted by the Orissa Pollution Control Board on 17th October 2006. Finally the company got around 1388.74 Hects. of area from Kalahandi and Rayagarda Districts. However, the company has not started mining in the Baphlimali area till date.
The lands leased out to the Utkal Alumina from different villages during 2004 was not corrected in the RoR by the then Thuamul-Rampur Tahasildar Hurdanandasingh Majhi who was there during 2004-2009 as Tahasildar. The Plot Nos. and Khata nos. were not revised/changed. In between, the district/revenue administration of the Kalahandi district wanted to distribute homestead land in the Thaumul-Rampur area under Vasundhara scheme keeping the Chief Minister’s visit to the area. Accordingly, in many villages homestead land were distributed in AJA (leasable land) available in the villages. Wherever sufficient leasable lands were not available, non-leasable land were converted into leasable lands in many villages including the village Durmusi. Accordingly, 10 acres of land were brought from Plot No-258 having 50 acres in total of the Khata No-47(AAA) to Khata No-46(AJA) by the then Tahasildar (Hurdanandasingh Majhi) in 2006 after the approval of the Sub Collector, Bhawanipatan. The present Tahasildar Netrananda Pradhan joined the Tahasil office on 16/3/2009 who distributed 0.10 acres homestead titles to 56 people under Vasundhara scheme in the name of inhabitants of village Durmusi. However, later on it was found that only 22 people in fact belongs to the village Durmusi itself and rest are from other neighboring villages like Brahamanichanchada, Kendumundi, Gopinathpur and Kamalguda of Gopinathpur G.P. Bandabagh and Muskuta villages of Maligaon G.P and Bendajhola of Thuamul-Rampur G.P etc. In the mean time, it was also found that the same plots were already leased out to the Utkal Alumina for mining in the year 2004, 2007….. When the title holders started occupying over those distributed under Vasundhara scheme by constructing huts on the top of the hill, the Company people along with the other villagers(other neighboring villagers including people from Suryagarh who did not/could not got titles, got irritated and destroyed the huts on dated 30th Sept 2011 against which the people of Durmusi filed FIR in two different Police Stations(One in Thuamul Rampur and another in Mahulpatna Police Station) on 10th October 2011. When the Tahasildar came to know about the status of land leased to the Utkal Alumina, he issued notices to all the titles holders to return back them.
Present Status of the Case
The titles holders named Damu Majhi son of Bati Majhi and others of village Durmusi have filed case in the High Court vide WP/case No 30903/2011 on dated 25 Nov 2011 against the cancellation of the titles (56 titles) distributed under Vasundhara scheme. Accordingly the Court has stayed the cancellation of the titles for the time being and has ordered the concerned revenue authorities (Govt. of Odisha) to submit the compliance on the case filed.
Important Issues Identified.
1. Most of the lands in the scheduled 5th areas have been recorded in the name of Govt. during survey and settlement despite of the fact that these lands have been under the continuous occupation, possession, cultivation and dependency of the local people. This is evident from the Govt. records in general and from RoR status analysis of the village Durmusi in particular where 94.31% of total village land has been recorded as government land.
2. Even in the scheduled 5th areas, most of the government land has been recorded in the non-leasable categories i.e un-cultivable waste land (Abada Ajogya Anabadi) where land cannot easily be settled against the occupiers. This is evident from the fact that out of the total Government land in the village, the percentage of land put in the AAA in the village Durmusi is 99.61%, In the village Suryagarh it is 98.11% and in the village Kanarpas it is 95.27% etc.
3. Most of the people residing in the area(Thuamul Rampur) are landless as per their landholding pattern/OLR Act, 1960. However, it has been seen that the Govt. of Orissa is not serious on distributing “Agricultural land” in the scheduled 5th areas and just involved in distributing “Homestead land” (Up to 4 to 10 decimal) only leaving large area for the private companies.
4. In case of distribution of homestead land under Vasudhara scheme in the village, starting from distribution of 56 land titles to serving notices for its cancellation, whatever mistake was done, it was done by the revenue administration(Tahasildar) of the area. From the report it is clearly evident that how the district/revenue administration works in the area. ……When they had to please the CM, within night they got a number of titles ready to be distributed by the CM without bothering on where the plot is, what is the status of those plots etc. And the same administration so easily issued notices to the people for cancelation of those titles hiding the facts and using its autonomous power.
5. In case of distribution of titles under FRA in the area including the village Durmusi, No procedures of FRA has been properly followed. FRA titles have been just issued to the tribals without proper verification of the plots in the ground. This ground reality duly admitted by the administration reveals the fact that field verification has not been done in most of the cases in the area which will led to “nothing good” but to serious conflicts within the community in feature.
6. The very process of leasing of village/community land to the private companies by the State/district administration without the prior informed consent/knowledge of the fellow villagers have been a negative practice in the State. The “Public Hearing” process for community land alienation has been a “farce” in the State which is quiet evident from the “Public Hearing” conducted for mining in Baphalimali area held on 17.10 2006 at Kashipur Block where signatures of one MLA, one ex-MLA, three PRI members, four government officials including of Collector, one representative each from the State Pollution Control Board, MoEF, Steel & Mines Dept. and 14 signatures of the those who participated and deliberated in the Public hearing were taken. In the process, the procedures laid down in the Central PESA Act, 1996 empowering the local community people over their resources in the Scheduled 5th areas have been totally violated.
7. The reaction of the neighboring villagers over the distribution homestead land under Vasundhara Scheme to the outsiders (other than inhabitants of Durmusi) is quite justified. The community lands of the village Durmusi belongs to its villagers. All the villages in the area are having plenty of government waste land which could have been distributed amongst the landless families in their respective villages.
14.Recommendations
1. The concentration of most of the land in the scheduled 5th areas needs to be changed. The Govt. of Odiasha should be serious enough to do proper re-Survey, and Settlement of available community land against the landless households of the villages/areas as per the possession and after the due consultation and recommendations of the villages. (Through the Gram Sabha).
The lands leased out to the Utkal Alumina from different villages during 2004 was not corrected in the RoR by the then Thuamul-Rampur Tahasildar Hurdanandasingh Majhi who was there during 2004-2009 as Tahasildar. The Plot Nos. and Khata nos. were not revised/changed. In between, the district/revenue administration of the Kalahandi district wanted to distribute homestead land in the Thaumul-Rampur area under Vasundhara scheme keeping the Chief Minister’s visit to the area. Accordingly, in many villages homestead land were distributed in AJA (leasable land) available in the villages. Wherever sufficient leasable lands were not available, non-leasable land were converted into leasable lands in many villages including the village Durmusi. Accordingly, 10 acres of land were brought from Plot No-258 having 50 acres in total of the Khata No-47(AAA) to Khata No-46(AJA) by the then Tahasildar (Hurdanandasingh Majhi) in 2006 after the approval of the Sub Collector, Bhawanipatan. The present Tahasildar Netrananda Pradhan joined the Tahasil office on 16/3/2009 who distributed 0.10 acres homestead titles to 56 people under Vasundhara scheme in the name of inhabitants of village Durmusi. However, later on it was found that only 22 people in fact belongs to the village Durmusi itself and rest are from other neighboring villages like Brahamanichanchada, Kendumundi, Gopinathpur and Kamalguda of Gopinathpur G.P. Bandabagh and Muskuta villages of Maligaon G.P and Bendajhola of Thuamul-Rampur G.P etc. In the mean time, it was also found that the same plots were already leased out to the Utkal Alumina for mining in the year 2004, 2007….. When the title holders started occupying over those distributed under Vasundhara scheme by constructing huts on the top of the hill, the Company people along with the other villagers(other neighboring villagers including people from Suryagarh who did not/could not got titles, got irritated and destroyed the huts on dated 30th Sept 2011 against which the people of Durmusi filed FIR in two different Police Stations(One in Thuamul Rampur and another in Mahulpatna Police Station) on 10th October 2011. When the Tahasildar came to know about the status of land leased to the Utkal Alumina, he issued notices to all the titles holders to return back them.
Present Status of the Case
The titles holders named Damu Majhi son of Bati Majhi and others of village Durmusi have filed case in the High Court vide WP/case No 30903/2011 on dated 25 Nov 2011 against the cancellation of the titles (56 titles) distributed under Vasundhara scheme. Accordingly the Court has stayed the cancellation of the titles for the time being and has ordered the concerned revenue authorities (Govt. of Odisha) to submit the compliance on the case filed.
Important Issues Identified.
1. Most of the lands in the scheduled 5th areas have been recorded in the name of Govt. during survey and settlement despite of the fact that these lands have been under the continuous occupation, possession, cultivation and dependency of the local people. This is evident from the Govt. records in general and from RoR status analysis of the village Durmusi in particular where 94.31% of total village land has been recorded as government land.
2. Even in the scheduled 5th areas, most of the government land has been recorded in the non-leasable categories i.e un-cultivable waste land (Abada Ajogya Anabadi) where land cannot easily be settled against the occupiers. This is evident from the fact that out of the total Government land in the village, the percentage of land put in the AAA in the village Durmusi is 99.61%, In the village Suryagarh it is 98.11% and in the village Kanarpas it is 95.27% etc.
3. Most of the people residing in the area(Thuamul Rampur) are landless as per their landholding pattern/OLR Act, 1960. However, it has been seen that the Govt. of Orissa is not serious on distributing “Agricultural land” in the scheduled 5th areas and just involved in distributing “Homestead land” (Up to 4 to 10 decimal) only leaving large area for the private companies.
4. In case of distribution of homestead land under Vasudhara scheme in the village, starting from distribution of 56 land titles to serving notices for its cancellation, whatever mistake was done, it was done by the revenue administration(Tahasildar) of the area. From the report it is clearly evident that how the district/revenue administration works in the area. ……When they had to please the CM, within night they got a number of titles ready to be distributed by the CM without bothering on where the plot is, what is the status of those plots etc. And the same administration so easily issued notices to the people for cancelation of those titles hiding the facts and using its autonomous power.
5. In case of distribution of titles under FRA in the area including the village Durmusi, No procedures of FRA has been properly followed. FRA titles have been just issued to the tribals without proper verification of the plots in the ground. This ground reality duly admitted by the administration reveals the fact that field verification has not been done in most of the cases in the area which will led to “nothing good” but to serious conflicts within the community in feature.
6. The very process of leasing of village/community land to the private companies by the State/district administration without the prior informed consent/knowledge of the fellow villagers have been a negative practice in the State. The “Public Hearing” process for community land alienation has been a “farce” in the State which is quiet evident from the “Public Hearing” conducted for mining in Baphalimali area held on 17.10 2006 at Kashipur Block where signatures of one MLA, one ex-MLA, three PRI members, four government officials including of Collector, one representative each from the State Pollution Control Board, MoEF, Steel & Mines Dept. and 14 signatures of the those who participated and deliberated in the Public hearing were taken. In the process, the procedures laid down in the Central PESA Act, 1996 empowering the local community people over their resources in the Scheduled 5th areas have been totally violated.
7. The reaction of the neighboring villagers over the distribution homestead land under Vasundhara Scheme to the outsiders (other than inhabitants of Durmusi) is quite justified. The community lands of the village Durmusi belongs to its villagers. All the villages in the area are having plenty of government waste land which could have been distributed amongst the landless families in their respective villages.
14.Recommendations
1. The concentration of most of the land in the scheduled 5th areas needs to be changed. The Govt. of Odiasha should be serious enough to do proper re-Survey, and Settlement of available community land against the landless households of the villages/areas as per the possession and after the due consultation and recommendations of the villages. (Through the Gram Sabha).
2. Possession over Land distributed under Vasundhara Scheme to the 22 inhabitants/people of village Durmusi should be restored immediately and land distributed to people of other 7 neighboring villages from the area of village Durmusi by the Tahasildar, Thuamul Rampur without the knowledge and recommendation of concerned villagers should be cancelled. Since enough community lands are available in all most all the villages of the area, they should be distributed land in their respective villages.
3. Proper ground verification should be immediately done by the Sub-Divisional Level Committee (SDLC) over the land distributed under “Forest Rights Act” in the area including the village Durmusi.
4. Since the area is coming under scheduled 5th area, the local community people/villagers are recognized as the owner and custodian of the land available in the villages and they are capable and better manager of their natural resources. Accordingly, the community land/village lands leased out to the Utkal Alumina without the prior informed consent of the concerned villagers should be cancelled.
5. As the case is pending before the Honorable High Court of Odisha, the Govt. should plead before the Court to lift “Stay Order” and distribute land amongst the fellow villagers.
6. The Revenue Administration involved in Mal-administration should be punished as per the laws.
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