[Reader-list] Dhinkia Gram Sabha Unanimously Resolves NOT to Divert Forest Land for POSCO.

[asit das]

*Dhinkia Gram Sabha Unanimously Resolves NOT to Divert Forest Land for
POSCO *

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Dear Friends,



On 18th of October 2012 , more than 2000 people participated in the Dhinkia
Gram Sabha ( Panchayat level assembly of adult members) meeting and passed
unanimous resolution stating their refusal to grant consent to the proposed
diversion of land for POSCO for its 12million steel plant covering 4004
acres of land under the rights provided to the Gam Sabha under the Forest
Rights Act, 2006. It may be recalled here that Gram Sabha happens to be
most fundamental unit of decision making in India’s grass root democracy
guaranteed by the constitution.



*The resolution that was read and resolved contained the following:*

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“The Gram Sabha of Dhinkia panchayat in its meeting on dated 18th October
2012hereby decides and resolves on the following matters relating to the
Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of
Forest Rights) Act, 2006 and its implementation the village. This has
reference to the letter (No. TD 11 (FRA)-06/2011) issued by the ST & SC
Development Department. on 7th September 2012 had instructing Collectors to
ensure discussion and planning on the pending claims under the Forest
Rights Act and to ensure consolidation of list of claims for further
monitoring and disposal.



• The villages under this Panchayat have rights over forest lands and have
initiated process of claims on rights under Forest Rights Act. Claims on
the forest lands approved and recommended by the Palli Sabhas of villages
(Dhinkia, Govindpur…) are still pending for recognition and no step has
been taken to recognize and vest the rights. No information and training on
Forest Rights Act have been provided to the villages, forms and necessary
records have been supplied by the government to support claim making
process, all contrary to its obligations under the Rules. In this regard
the Gram Sabha directs the District Level Committee to ensure completion
the process for recognition of individual and community rights as per
claims submitted by the Forest Rights Committee/Palli Sabha of the
concerned villages which are still pending. In this regard Gram Sabha asks
the SDLC and DLC to provide the status of claims to the Palli Sabhas and
FRCs of the villages.



• The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition
of Forest Rights) Amendment Rules, 2012 have been notified on 6th September
2012. As required under the amendment rules the Palli Sabha shall initiate
the process for claiming community forest resources rights under Section 3
(1)(i) of the Forest Rights Act. In accordance with the amendment rules of
the FRA, the Gram Sabha calls upon the District Level Committee to ensure
recognition of the community forest resource rights in the villages coming
under this Panchayat as required in the amendment Rule 12 (B)(3).



• The Gram Sabha calls upon the government and district administration to
comply to

decisions of the Palli Sabhas with regard to use and management of the
community forest resources in accordance with Section 5 of the Forest
Rights Act. The gram sabha reiterates the decision of the palli sabhas of
Dhinkia and Govindpur to protect forests, biodiversity and all livelihood
resources in the boundary of this panchayat.



• The Gram Sabha in particular endorses the resolution passed by Palli
Sabha of village Dhinkia on 3rd October, 2012 and asks the SDLC and DLC to
complete the process of recognition of rights under FRA and to desist from
any proposed diversion of forest land as the recognition of rights is not
complete and Palli Sabha of the village has not given consent. Any such
diversion will be a criminal offence under section 7 of the FRA.



• The Gram Sabha takes note of the disruption of the Palli Sabha meeting of
village Govidnpur on 4th October, 2012 which was not allowed to pass
resolution on the decisions taken on claims under FRA and on the diversion
of forest land. Obstruction of the proceeding of the Palli Sabha amounts to
obstruction of the process of recognition of rights and violation of the
authority of Palli Sabha under Section 6 of FRA. This Gram Sabha considers
this as violation of FRA and an offence under Section 7 of FRA and issues
notice to the State Level Monitoring Committee to proceed against the DLC
and officials involved. Gram Sabha also takes the decision to hold Palli
Sabha again in village Govindpur and directs the authorities to provide
necessary support.



• The Gram Sabha endorse decision taken by the Palli Sabhas to not give
consent to the diversion of forest lands under its customary use and
boundary for the purpose of the POSCO steel plant project, or for any other
purpose, and directs the District Level Committee and the State government
to ensure strict compliance with the provisions of the Forest Rights Act,
the guideline issued by Ministry of Environment & Forests on 30.07.2009 and
the guidelines issued by the Ministry of Tribal Affairs on 12th July 2012
in this regard. Diversion of forest land without compliance to the Forest
Rights Act and the above mentioned guidelines is a violation of the Forest
Rights Act and a criminal offence.”



It may be recalled here that, on 3rd October 2012, the villagers of Dhinkia
Gram Panchayat organized Palli sabha (Village level Assembly of adult
persons) and Passed resolution not to divert the forest land to POSCO.
Under the Forest Right Act 2006 , no forest land can be diverted until all
the rights of the people in the area are recognised  and their consent of
the concerned gram sabha is obtained for the diversion. This is a statutory
requirement under FRA, mandated further by a Ministry of Environment
Ministry’s order of August 3, 2009.



The inhabitants of Govindpur village had organized Palli Sabha on 4th of
October and passed a similar resolution stating their refusal to grant
consent to the proposed diversion of land for POSCO. However, sponsored
goons of the company and the state agencies, created disruption and
forcibly took away the resolution paper in a pre-planned startegy. Against
this, the PPSS members held  a one day protest at Erasama block office. In
the end, villagers of Govindpur received their resolution copies.



People’s resolution sent a strong message to the Government that people are
against illegal diversion of forest land for the project  and gave a
befitting reply to the recent declaration of Mr. Yong Won Yoon CMD of POSCO to
start the project soon. This resolution has also exposed the government and
POSCO’s earlier claim that people are in support of the POSCO project.





The POSCO and the state government are repeatedly announcing that there
will be no forcible land acquisition. This Gram sabha resolution has given
a strong message that majority of people are against the project. Hence
they should respect the decision of people and cancel the POSCO project
outright.



Kindly circulate this mail widely.

In Solidarity,
Prashant Paikary
Spokesperson, POSCO Pratirodh Sangram Samiti
Mobile no-09437571547
E-Mail - prashantpaikary at gmail.com

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