TRIPURA is no exception to the nation-wide practice of encroaching upon forest land for cultivation and other purposes. Eighty percent of Tripura being hilly and forest areas, the problem is acute as at present.  41,000 tribal and 10,000 non tribal families have occupied593 square kilometres of forest land

After the Supreme Court ordered all the states on November 23, 2001 to remove the encroachment on forest lands in a phased manner, the state government is left with no option but to follow the order. The Ministry of Environment of Environment and Forest (MoEF) in a letter to the Chief Secretary of Tripura on May 3, 2002, urged the state governments to comply with the Supreme Court order by 30th September 2002.

But the question is how? Tribals living in the forestland are doing so for their livelihood Two years have passed and much water has flown down the river, but the SC order is yet to be respected as the committee formed by the state government last August is yet to reach any conclusion as to how to resettle the encroachers.

The State Government, in September 2001 had submitted an affidavit to the Supreme Court seeking clarification of the word ‘encroachment ‘as in Tripura jhumias who have been living in the forest since time immemorial.

According to the preliminary estimation, about 593 sq kms of forest  land is under encroachment out of 6292 sq kms of total forest land .As happened in most of the state, efforts are on to regularise the encroachers of forest at the political level as the political leaders are of the opinion that the encroachers, the term often collides with jhumias ‘ have been living in the forests for years which is their source of livelihood. Besides, the ruling party is aware that eviction of the encroachers, even by following the Supreme Court order may give rise to yet another controversy as happened during the construction of the Dumboor dam in the late sixties.

The State now seems to be in a dilemma as any attempt to go for eviction would not only invite the wrath of the so called jhumias but also would harm the political interest of the government and apparently the State Government wants to go for regularization of the so called encroachers defying the Supreme Court order.  Even if the State wants to device ways and means to regularise the encroachers, there are certain guidelines to be followed under the National Forest Policy, 1988 and Forest (Conservation) Act, 1980 that says under no circumstances encroachment taken place after 1980 should be regularized.  The act says, the State Government which had taken a decision before the enactment of the Forest (Conservation) Act, 1980, to regularize the encroachment would have to t enact the same by October 10,1980.  At the same time, no regularization should be allowed in case of the encroachment taken place after 1980. But, the State Government has never evolved any strategy to regularise the encroachers before 1980.Tripura section of the Indian Forest Act, 1927 in accordance with the local needs and conditions to give the tribals at least some dependence on the forests. Here comes the  question. The encroachers or the jhumias are reportedly living in the forestlands since times immemorial and in many cases both tribal and non-tribal have paid land revenues to the  state government. But, that does not provide any concrete clues as to for how long they were living in the forestlands.

At the same time the state government does not have any record about the time of their encroaching the forestlands. As the state government did not take any measure before 1980 to regularise the encroacher, it is now virtually impossible to regularize even a single encroacher, going by the, Supreme Court Order, Forest(Conservation) Act, 1980 and National Forest Policy, 1988. If the encroachers are to be evicted, they are to be rehabilitated. But, will the encroachers agree to it?

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