In March 2023, the panchayat in Haryana's Thaska village passed a resolution to allot 7 acres of forest land to the state government. This land was allotted for the construction of a state cooperative service and marketing institution, known as the Haryana State Co-operative Supply and Marketing Federation Limited (HAFED) and a police station.
Villagers in large numbers had protested this resolution, stating that the trees and the forest land were inherited from their forefathers and are an important part of their cultural heritage. The 80 acres of forest land in Thaska are among the last surviving stretches with ancient Salvadora trees, a species native to northern India. For the residents of Thaska and nearby villages, these forests are indispensable, providing the only grazing ground for their cattle. At the heart of the forest lies a pond, the sole source of water for the animals.
Two months later, on 31 May 2023, the village members formed a 21-member committee, the Rashtriya Paryavaran Ayum Van Suraksha Parmarth Trust or National Environment and Forest Protection Trust (NEFPT), to protect the forest and prevent more tree felling. The NEFPT, determined to protect the forest, filed a petition against the Panchayat’s resolution. As a result, the Punjab and Haryana High Court, in August 2024, restrained the Haryana government. The HC order stated, ”If the concerned authorities can construct the police station and the police line without cutting/damaging even a single tree out of the 150 trees standing on the spot, then the authorities are free to do so. If the concerned authorities are unable to construct the police station and the police line without cutting the above trees, then they are restrained from cutting the trees and are well advised to find an alternate site for construction of the police line and police station.”
Even though the court ruled in favour of the committee, the Panchayat workers have continued to fell trees, threatening the forest land, according to Ram Kumar Shastri, the president of the NEFPT. Shastri told LCW, "The High Court put constraints on the felling of the trees, but they put a condition that you can build the police station on the forest land if you do not harm any trees”. “They (the panchayat) got a way out,” he added.
The villagers are worried that building the structures will still lead them to lose access and besmirch their sacred grounds. The committee members shared that they have filed multiple complaints against the felling of trees with photos and video evidence, but no FIR has been lodged against the perpetrators. Many of the villagers have also filed a petition along with their Aaadhar Card and signature against the felling of trees, but have not seen any action being taken. The villagers also call for regular Gram Sabha meetings to get updates about the forest, which sees a large attendance with different community representatives.
Currently, the committee members have filed a legal case on behalf of the village, stating that the forest land cannot be used as a site for the construction of government buildings, as its use is only reserved for the betterment of the village.
Nine Thaska residents in their petition held that the forest land is reserved as ’Gau Charand ’, a type of common land used for grazing and livestock. Charand land is collectively used by the village and managed by the Panchayat for the benefit of all the village residents. “During the land consolidation scheme, this land was reserved for the use and betterment of the village. However, the Gram Panchayat, according to the petition, has broken the rules of the current land use by allowing construction on land only meant for the benefit of the villagers. The Panchayat has no right to change the use of the land in any manner,” a resident said.
The villagers want to make this a sanctuary for plants and animals. “If we get the pension (from the Pranvayu Delta Scheme) for our trees, we will add flowering plants, a special place for animals, and take special care of Salvadora trees,” the resident added.
Demand/Contention of the Affected Community
Opposition against environmental degradation
Demand to retain/protect access to common land/resources
Other Demand/Contention of the Affected Community
The common lad should only be used for the "betterment of the village." The panchayat should not change the Change of Land Use or CLU
Region Classification
Rural
Type of Land
Common
Forest
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Project scrapped
Original Project Deadline
Whether the Project has been Delayed
Yes
Significance of Land to Land Owners/Users
Religious/Sacred/Cultural value, Grazing
Whether the project was stalled due to land conflict
Yes
Source/Reference
<https://drive.google.com/file/d/1S_GJINy-Zvp8guNnQZDB4r_sp-9S8haN/view>
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Has the Conflict Ended?
Yes
When did it end?
2024
Why did the conflict end?
The village committee had filed a petition in the Punjab and Haryana High Court in July 2024 against the resolution passed by the Thaska panchayat allowing the construction of government buildings and cutting of trees on forest land. In August 2024, the Punjab and Haryana High Court restrained the Haryana government. The HC order stated, ”If the concerned authorities can construct the police station and the police line without cutting/damaging even a single tree out of the 150 trees standing on the spot, then the authorities are free to do so. If the concerned authorities are unable to construct the police station and the police line without cutting the above trees, then they are restrained from cutting the trees and are well advised to find an alternate site for construction of the police line and police station.”
Categories of Legislations Involved in the Conflict
Forest and Scheduled Area Governance Laws
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
No
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Non-consultation with stakeholders
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Punjab and Haryana
Case Number
Civil Writ Petition No. 27300 of 2023 (O&M)
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
Haryana State Co-operative Supply and Marketing Federation Limited (HAFED), and the police line department
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
No
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
