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CONDOLENCE MESSAGE
It was shocking news to hear that
Sri T. Ramakrishna, IFS (Retd.), has left for
heavenly abode on the evening of 11.4.2011. A
condolence meeting was held in the O/o The
Principal Chief Conservator of Forests (HoFF)
at Aranya Bhavan on 13.4.2011 presided over
by Sri C. Madhukar Raj, IFS, Prl. Chief
Conservator of Forests (HoFF). All the officers
and staff working in Aranya Bhavan attended
the meeting. Prl. Chief Conservator of Forests
(HoFF) remembered the services rendered by late
Sri T. Ramakrishna,IFS (Retd.) to the Forest
Department particularly his contribution to the
Wildlife Wing and development of Nehru
Zoological park, Hyderabad, which has become
a model Zoo park in the Country. As a mark of
respect to the departed soul, two minutes
silence was observed.
May God give strength to his wife and children
to bear this loss.
Sd/-
P.S.Rao Addl.Prl.Chief Conservator of Forests(Admn.)
O/o Prl.Chief Conservator of Forests(HoFF) Andhra
Pradesh, Hyderabad.
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May 2011 VANA PREMI
EDITORIAL
Our population: - India’s population was population of many countries. For example,
31, 60, 04, 000 in early forties when the present Population of Uttar Pradesh almost equals to the
day Pakistan and Bangladesh were parts of the population of Brazil. India is projected to
country. The total geographical area of our overtake China as the world's most populous
country before partition was 42, 27,358 Square country by 2025. India's population growth has
Kilometers. The land area was optimal to given rise to serious concerns of widespread
accommodate the population comfortably and unemployment, social conflicts and political
its distribution was more or less even. There instability. The population projections up to
were enough natural resources to meet the 2050 are:
needs of the country. It was this scenario which ) 2020: 1,326,093,000
prompted Mahatma Gandhi, the Father of the ) 2030: 1,460,743,000
Nation to comment “There is every thing for ) 2040: 1,571,715,000
man’s need but not for his greed”. Though the ) 2050: 1,656,554,000
poverty, illiteracy and backwardness were very India’s population as per 2011 census is
much evident, the Mahatma saw a bright future 1,210,000,000, more than a sixth of the world's
for the country considering it as a land of plenty. population.and it is the second largest
Much water flowed down the rivers of India since populated country next only to China whose
then. The country is divided at the time of population is 1,330,044,605 (as of mid-2008).
Independence. Gandhiji’s dreams started India is projected to be the world's most
shattering one by one. The simplicity which was populous country by 2025, surpassing China.
the hallmark of Gandhiji’s philosophy became India occupies 2.4% of the world's land area but
the first casualty. Self discipline in conduct and supports over 17.5% of the world's population.
values in public life became rare commodities. India has more arable land area than any country
Now India is the seventh largest country in the except the United States, and more water area
world in size, with a total geographical area of than any country except Canada and the United
3,287,263 square kilometers. But the population States. Indian life revolves mostly around
of our country was steadily increasing. Every year, agriculture and allied activities in small villages,
India adds to world population more people than where the overwhelming majority of Indians
any other nation. In fact the population of some live. As per the 2001 census, 72.2% of the
of our states is much higher than the total population lives in about 638,000 villages and
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May 2011 VANA PREMI
the remaining 27.8% lives in more than 5,100 There is an urgent need for us to educate our
towns and over 380 urban agglomerations. In last masses about the perils of over-population. It
60 years the Indian population has grown from is also essential for us to change our mindset
316004,000 to 1,210,000,000, almost four times, on family welfare and devise ways to control
and if the population of other two parts of pre- population. Population is no longer an
Independence era is also taken into account the individual’s domain. It has assumed the status
increase will be 6 times. Though the population of “challenge” to Nation. We must be prepared
of our country had increased abnormally, the land to think of even punitive action in case of
area remained the same and the natural violation of guidelines in this regard. Population
resources have dwindled down drastically explosion cannot be taken lightly in the name
attributable mainly to man’s greed. of populism and firm action is the need of the
hour. It is high time to shift away from the slogan
If we take the increase of the population into
“Hum do, hamare do” to adopt a new
account the available natural resources will not
slogan“Hum do, hamara ek”. We need at least to
be sufficient to meet even for our own needs. As
stabilize our population urgently even if we
foresters we know very well that every area will
cannot reduce it immediately. If we fail to
have its carrying capacity and if the population
achieve this, we may have to pay very price..
of human beings exceeds the carrying capacity
Our Governments should offer good incentives
of the area, it may give rise to several
providing free education, subsidized food,
disturbances not excluding earth quakes,
clothing, and housing for all those parents who
tsunamis, droughts, floods diseases and other
follow "Hum Do Hamara Ek".
natural calamities. Recent calamity in Japan is a
-QMK
case in point.
APPEAL
All the members are requested to furnish their addresses, Mobile &
Landline Phone Numbers and e-mail IDs urgently by post/sms/ or
e-mail to P.Upender Reddy on the following address
P.Upender Reddy, 2/B, P.S.Nagar Colony, Vijay Nagar Colony,
Hyderabad-500 057. Mobile Number... 9848754778.
e-mail Id. upenderpulimamidi@hotmail.com Secretary
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May 2011 VANA PREMI
2. Sir,
Veteran forest officer Mr. Mukherji's article "Visit to Gir National park” is very interesting, which has
invoked my memory to retrieve the 33 year old visit to the same park along with the 1st.batch of P.G.
diploma in wildlife management course(1977-78)F.R.I. Dehradun. Whereas our visit was in a minibus
consisting of (11) trainees and one Director, was piloted by a park jeep. On reaching the lion's resting
place a rope was tied to the two trees about 10 meters apart. Uniformed F.G. with a gun was standing at
one end and we were asked not to cross the rope and take snaps etc. as the entire pride of lions on the
other side of the rope comprising 3 generations similar to Hindu joint-family were giving us pose. They
were more than a dozen in no and were gazing us as if the authorities have asked them to receive the
visitors.
While returning we were curios to know the secret of their congregation. In the pilot's jeep a country pig
was hidden as bait which was making distress calls intermittently. It was learned after the departure of
the visitors the pig was fed to the lions. Such acts in the National parks make the wild animals domesticated
and the thrill of the visitors defeated. It would be synonymous to Zoo's, probably the reason for dwindling
their population is due to the in-breeding and artificial feeding habit.
P.S.Reddy.
3. Dear Editor,
Thanks. I received e-mail version of April 11 issue of Vanapremi. But I sincerely miss the feel and touch of
magazine and freshness of the printing ink emanating there from it,and the wonderful photos on
cover.At my age it is also a punishment to read longer texts on my laptop. Have you discontinued Paper
version of the mag? By the way how is my subscription status? Please let me know.
Regards, Dr.Maslekar
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May 2011 VANA PREMI
After having seen the indescribable beauty and Day 1: We started of from Dehra Dun in two
serenity of the Himalayas in May 1964 and ‘65, as ambassador taxis, with our ever-ready father and
described in the last issue of ‘Vana Premi’ my son Sardars, ready for all eventualities of rough
thirst for more of the Himalayan glory was and impossible routes. Leaving FRI we went upto
uncontrollable. I therefore planned a trip to the Mussoorie, and proceeded on to the famous
western sector of the ‘Char Dham’ Gangotri and Kempty falls just 15km out. The water of the falls
Yamnotri at the prompting of my batch-mate joins the Yamuna. This is a very popular sight for
Shri KN Singh, who had been the DFO Uttarkashi, all visitors to Mussoorie, and draws large crowd
prior to his posting as DFO Dehra Dun. He had particular after raining season. The falls was very
suggested that if possible I should combine a impressive, roaring with frightful fury, being in
trip to Har-ki-dun valley, a remote high altitude the midst of the rainy season. We went on
meadow, criss-crossed by glacial streams, and towards Lakhmandal, 75 km away up along the
surrounded by pristine forests and snowy peaks; Yamuna, a lovely journey set among deodar
and the river Tons of our Chakrata fame emanates forests. This place had an ancient temple
from there. Mention of Tons river takes my complex, featuring interesting statues, and a
memory go back to the famous Thadiyar March ‘sikhara’ style temple dedicated to Lord Shiva
as part of a foresters first Chakrata tour, where built in stone. We proceeded further on towards
foresters are shaped into the profession with the Barkot, 220 km from Haridwar, for our first night
29 km trek up from Katiyan to 9000ft, and down stay.
to Tons bridge at Thadiyar at 3000ft, and back to
Day 2: Early morning after a heavy breakfast and
our camp at Katiyan at 6000ft. I therefore planned
a packed lunch we crossed the Yamuna for
out the hill trip around Uttarkashi for late August,
Purola, and thence forward to Mori (1130m) on
with the new batch of only five trainees. In this
the Tons river, the chir pine zone, and saw the
trip my family did not join because of my sons
Tons rapidly winding its way to the plains. Here
classes, further being closer to Dehra Dun I
the FRO informed us the interesting legendary
thought it could be done again the following
background of the Tons river as being a part of
summer.
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the Jaunsar-Bawar region. Interestingly Tons is merging into snowy meadows with wild flowers,
said to have originated from the tears of the though not so spectacular as the Valley of
demoness Surpanaka, sister of Ravana after Flowers, but it had its own grandeur, and was
being insulted by Lakshmana of Ramayana. He mesmerizing. This area is now declared as
further said that it was very interesting the Govind Wildlife Sanctuary and National Park. At
people of this region between the Tons and this stage the forest guard stated that most of
Yamuna worship Duryodhana, who was the terrain thereafter would be similar, with the
considered the villain of the Mahabharata, the tree growth gradually stunting and giving way
arch enemy of the Pandavas, and that there was to the meadow. This was a new experience for
a beautifully carved wooden temple dedicated the trainees on their first visit to the snow areas
to him at a nearby village named Jakhol, to which and the mountains, for they were from Kerala,
we could not make it. He had asked us to see a Tamilnadu, Andhra, Madhya Pradesh and
temple also dedicated to Karna, an ally of Maharastra, all having been trained at SFRC. We
Duryodhana at Netwar (1400m) on our way to observed and enjoyed the smell of the mountain
Sankri via Osla (2560m). He concluded very air, the surrounding snow capped mountains, the
philosophically that it was the Hindu dharma to rivulets meeting to form the Tons. We retraced
give safe haven to the downtrodden. He also told back to the vehicles for our late cold packed
us about the interesting prevalence of polygamy lunch, and got back to Barkot for the night.
and polyandry in the matrimonial custom of the
Day 3: We started a little leisurely from Barkot
region, relating it to the Pandava legend. This
having decided to halt at Janki Chatti, about half
practice was thus prevalent in Chakrata region,
way between Hanuman Chatti and Yamunotri.
and so our instructor Mr. Kirpekar warned us to
We traveled up the very difficult winding route
beware lest we get ensnared into the system
along the Yamunotri to Hanuman Chatti, at the
and never return back to Dehra Dun.
confluence of Hanuman Ganga and Yamuna. This
We drove beyond Sankri as far as the Sardarji is where Hanuman was said to have set his foot
drivers could take us towards Har-ki-Dun. At the after leaving Sri Lanka, before starting on his
furthest point possible by the car, the forest search for procuring the medicinal herbs for
guard of the area decided we start trekking up. Lakshman. There was nothing spectacular at this
He suggested that we go as far as we can towards place for Hanumanji, to commemorate the
our destination at 3570m. We walked up for event of his safe landing, probably he landed very
about three hours enjoying the gorgeous, softly, and never left his footprint. I wish he had
beautiful scenic surrounds of deodar, spruce and left his footprint, for it is said that he had crushed
fir mixed with oaks and rhododendrons and ‘Sani’ or Saturn under his feet, and kept him
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under control. It is for this belief that we are told Nearing the temple on the right bank of the river,
not to worship Hanumanji’s feet, probably we visited Markendeya Tirtha, where the sage
fearing the ‘sani’ tries to escape and catch hold Markandeya is believed to have written the
of the person who so worships, and puts him to ‘Markandeya Purana’.
the long rigor of a troublesome period. However
The Yamuna, the second most sacred river,
greater attachment and remembrance went
rushed down from the frozen glaciers ahead of
here for Surpanaka’s tears having become the
the impressive Kalinda Parvat (4430m), on the
source of river Tons, her gift to the region. I for a
south-western slopes of Banderpooch (Monkeys
moment wondered why Surpanaka had come
tail, maybe refers to Hanuman) peaks, in the
here for shedding her tears, after having been
Mussoorie range of Lower Himalayas. Yumana is
severely punished by Lakshmana at Paranasala
therefore named here as Kalindi, which forms
on the bank of Godavari near Bhadrachallam.
the backdrop of ‘Krishna Leela’, which talk about
May be to start off the Tons. Probably it was a
her water being of the dark blue colour of Lord
question of loyalties. However there is a small,
Krishna. Yamuna finally merges with the Ganges
rather insignificant temple, to commemorate
at ‘Triveni sangam’ at Allahabad.
the place for Hanumanji. We then proceeded on
some distance till the cars could go, and then In Hindu mythology, according to popular
footed the 8 km to Janki Chatti for the night halt. legends Yamuna is the daughter of Sun God Surya
and his wife Saranyu, and sister of Yama, the God
Day 4: Early morning we trekked upto to
of Death, and so known as Yami. Bathing in its
Yamunotri walking amidst high ridges, deep
sacred waters is said to free one from the
gorges and precipitous cliffs, rocky craggy
torments of death.
glaciers and narrow valleys characteristic of the
area. In this travel starting from Mori, we saw a Yamunotri literally means "twins" in sanskrit, as
high variation in the elevation gradients from it runs parallel to the Ganga. Its name is
1,800 to 4,500m, which reflected the diverse mentioned at many places in the Rig Veda,
biomes, from sub-tropical communities to written during the Vedic Period between 1700–
alpine meadows, ending up to a rather plain 1100 BC, and also in the later ‘Atharvaveda’, and
looking temple of Goddess Yamunotri. There was in the ‘Brahmanas’ including ‘Aitreya Brahmana’
not much of forestry, but the scenic grandeur and and ‘Shatapartha Brahmana’.
the changing vegetation from chir pine at Mori In Rig Veda, the story of the Yamuna describes
to deodar, spruce and fir was of special her "excessive love" for her twin Yama, who in
significance to the trainees, culminating into turn asks her to find a suitable match for herself,
meadows at the snowy heights. which she does in Lord Krishna. This tale is
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detailed in the 16th century Sanskrit hymn, resulted in the creation of the present Thar
‘Yamunashtakam’, an ode by philosopher desert.
Vallabhacharya, which describes the story of
Yamunotri temple is dedicated to the goddess
Yamuna’s descent to meet her beloved Krishna,
Yamuna, one of the holiest shrines in Hinduism,
to purify the world. This hymn praises her for
and part of the popular Char Dham Yatra. At
being the source of all ‘spiritual abilities’, while
Yamunotri, worship is normally done after taking
Ganga is considered an epitome of ‘asceticism
bath in the warm springs of Jamunabai kund at
and higher knowledge’, and can grant ‘Moksha’
the ‘Divya Shila’, a rock pillar near the temple,
or liberation. It is Yamuna, which being a holder
before entering the temple for ‘darshan’ of
of infinite love and compassion, and grants
"Yamunaji". This place did not draw so much of
freedom from death, which is in the realm of her
crowds as Kedarnath and Badrinath, probably
elder brother. Therefore the river Yamuna is
due to inaccessibility, than divinity. Here there
connected to the religious beliefs surrounding
were several hot thermal springs around the
Krishna, and various stories connected with Him
temple, which flow into numerous pools, the
found in Hindu mythology, especially the
most important being ‘Surya Kund’. The water of
‘Puranas’, like that of ‘Kaliya’, a poisonous Naga
this ‘kund’ is hot enough to cook potatoes and
snake, which had inhabited the river and
rice in cloth bundles, which the priests dish out
terrorized the people of ‘Braja’. Incidentally in
as a gimmick in the name of ‘prasad’. People also
Mahabharata, Indraprastha, the capital of
are rather thrilled and astonished like I was and
Pandava was also situated on the banks of
accepted the ‘prasad’. Having had the naturally
Yamuna, which is the modern city of Delhi.
cooked ‘prasad’, we retreated back to our vehicle
At Yamunotri we were told that the place was for our journey back feeling divine.
considered as the source of the famed We reached back at Barkot 36 km from
mythological Vedic Saraswati River in the ancient Yamunotri, thence via Dharasu, traveled along
past, which was ‘the cradle of early Indian Bhagirathi to Uttarkashi a good 100 km from
civilizations’. The rivers constituting Saraswati Barkot, situated on the bank of Bhagirathi. This
were collectively known as ‘Sapta Sindhu’ or was the head quarters of the DFO who briefed
seven streams. Saraswati changed its course us on the forests and their management being
following a tectonic upheaval in north India, and replete with alpine, semi alpine, temperate and
became a tributary of the Ganges. It is believed sub-tropical vegetation, and vast areas being
that after this upheaval the original Saraswati under forest cover, and supported an extensive
river dried up, and so also the many settlements animal life. He explained about glacial erosion
of the Indus Valley civilization ended, and and landslides being common. These landslides
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had caused irreversible isolation between forest We visited the ‘Bhagirathi shila’ a rock on which
patches including the alpine vegetation. We Lord Shiva was said to have received the furious
halted here for the night and visited Lord Ganga in his matted locks to minimize the
Vishwanath temple at the DFO’s suggestion. This impact of her fall, and to tame her into docility.
was very significant for a massive iron trident According to Hindu mythology, Goddess Ganga
erected in it. - the daughter of heaven, took the form of a river
to absolve the sins of King Bhagirath's ancestors,
Day 5: At the suggestion of the DFO we decided
following his severe penance of several
to halt at Gangotri, so as to visit the actual source
centuries. According to this legend, King Sagar,
of the river at Gaumukh, at least for the sheer
grand father of Bhagiratha, after slaying the
grandeur of the trek passing between lofty snow demons on earth decided to stage the
peaks, the path being often covered with snow ‘Ashwamedh Yagya’ as a proclamation of his
at several points. He encouraged us stating that supremacy just as Shri Rama did at Ayodhaya
after all we may never again visit the area, and when the horse was detained and challenged
desired we make the one time attempt, though by the young Lava-Kusha at Valmiki Ashram. The
it would be strenuous. The trainees were all game horse which was to be taken on an uninterrupted
for it, but required me to take the decision to journey around the earth was accompanied by
extend our tour schedule. I was all game, further the King's 60,000 sons born to Queen Sumati.
being the youngest of the lot with an eagerness Indra, the supreme ruler of the gods feared that
for the Himalayan air. We traveled along the he might be deprived of his celestial throne if
shrinking Bagirathi, both in size and fury, and the 'Yagya' (worship with fire) succeeded, so
enjoyed the most magnificent view of the persuaded Asmanja, the only son born to the
Himalayas, rounding the mighty Mahla (4590m) second queen Kesani to take away the horse, and
we came to Harsil, and reached Gangotri FRH. tie it in the ashram of Sage Kapila, who was then
The place was not very big, had a small modest in deep meditation. The sons of the King Sagar
searched for the horse, and finally found it tied
temple built in the 18th century at 3200m, and
near the meditating sage. These angry sons of
is said to be the source of river Bhagirathi. The
King Sagar into stormed into the ashram of sage
surrounds were magnificent amidst the
Kapil, who opened his eyes in rage on being
mountain peaks of Shivling, Satopanth and
disturbed in his meditation and cursed the
Bhagirathi sisters, and the attractive temple
60,000 sons to perish. Therefore Bhagirath is
compound had a ‘ghat’ leading into the river. We
believed to have meditated to bring down
did not dare to bathe as some devout pilgrims
Ganga to cleanse the ashes of his ancestors and
do, but just dipped our feet into the freezing
liberate their souls, and grant them salvation or
water, and hoped we are adequately purified for
‘Moksha’.
this generation.
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We attended the ‘aarti’ ceremony at Gangotri, the Kedarnath peak, which was then covered
which was very impressive like was the temple, amidst clouds. We retrieved back from there,
on the banks of the rushing Bhagirathi, though without going further ahead to Tapovan, and still
very narrow. About 100 meters above the Ganga ahead towards the Gangotri glacier. The guard
Temple, Kedar Ganga which starting from Kedar told us there was a dense forest near Tapovan,
Valley met the Bhagirathi. We carried water from which surrounds the Bhavishya Badri, up the
this confluence in our large just then exhausted Dhauliganga River, a holy spot, where an idol of
whisky bottle to be shared back at home as Narsingha (the lion headed god) is enshrined. He
‘thirtham’. The river Bhagirathi here at the source, stated that there was a traditional belief that a
becomes the Ganga from Devprayag, where it day would come when the present route to the
meets the Alakananda. This temple gets closed Badrinath will be inaccessible, and the Lord
on Diwali day every year and reopens in May. Badrinath would be worshipped here, and that
During this closed time, the idol of the goddess was the reason why the place is called Bhavishya
is shifted and kept at Mukhba village, near Harsil. Badri, which is about 17 km. east of Joshimath.
This area provided a majestic beauty of
Day 6: We set out very early from Gangotri,
coniferous forests, amidst the grandeur of glacial
trekking, with the forest guard leading us. It was
world combined with lush green meadows.
a tiring climb, but absolute grandeur as assured
by the DFO. It was an experience we did not The place around, what we trekked through was
regret. The path was flanked by high mountain the ‘Gangotri National Park’. It is typical of high
ranges, which culminated at the Kedarnath peak altitude ecosystem, with decisive influence from
(6970m). Each turn in the mountains left us ‘Trans-Himalayan’ bio-diversity system, in both
anticipating what the mountains withholds, until physical and biological characteristics. The
we hear the water rushing over rocks, sometimes landscape here is dominated by alpine scrub
as distant trickle, sometimes a heavy surge and meadows at higher altitudes, with forests of
nearby. The scene of adventure provided was chirpine, ban oak, kharsu oak, deodar, spruce, fir,
unique to these mountains. I had seen the betula and rhododendron ranging from lower
Kedarnath peak earlier, on the southern side from to higher elevation areas. The mountain sides
Kedarnath, from which arose the Gangotri glacier along the entire route from Gangotri to
on the northern side. Just three of us reached Gaumukh are steeper, and are distinctly broken
Gaumukh, which as the FG said was not all that up by landslides. Here 15 species of mammals
great, but it was the feeling we got to see where and 150 bird species have been documented,
the Ganga originated. We went a little further which include some of the rare and charismatic
towards Tapovan, from where the FG pointed out species like the snow leopard, black bear, brown
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May 2011 VANA PREMI
bear, musk deer, blue sheep or bharal, Himalayan nothing short of a walk through paradise. We
tahr, Himalayan monal, Koklass, Himalayan reached Nachiketa Tal which in the shrouding
snowcock, Himalayan barbets, etc. mist rendered it a mythical dimension. Here we
were told the story went that it was built by
We reached back at evening at the FRH for some
sage Nachiketa whose father after giving away
real hot food, plus the emptying of another
everything he had to Lord Yama, god of death
whiskey bottle to give us warmth and relaxation,
was left with his only son Nachiketa. Yama
after the tiring day out in the extreme chillness.
touched by his great generosity of offering even
Day 7: We left leisurely and halted at Uttarkashi
his son spared the son, who spent his life here
175 km from Rudraprayag, to be hosted a nice
in meditation. We fortunately had a passing
dinner by DFO, and to exchange experiences, for
shower withy gentle falling drops looking like
he was a FRO promoted from NFRC. He was very
millions of pearls being strewn over the
learned in the local mythological legends, so we
600sqm Tal (lake) framed from all sides by the
clarified the many interesting episodes on the
looming leaning woods. The seclusion of the
cultural aspects of the hills as related by the RO
place was so wholesome and nature so benign
and FG.
we understood why Nachiketa decided to stay
Day 8: Leaving Uttarkashi after early breakfast, put here. There was a small temple here
with a whole day to spare with nothing much dedicated to Nag Devata besides its shore. We
enroute to Dehra Dun, we proceeded to then got back on to our trail along the winding
Chaurangi 25km away, and trekked down to route besides the Bhagirathi, via Dharasu
Nachiketa Tal alternating between a strenuous reached Tehri.
and gentle climb. The trail goes up forgotten,
From Tehri, we diverted away from the long
lonely ridges, slips down rocky descents with the
companionship of Bhagirathi, to Chamba
atmosphere pumping in the freshest oxygen. We
(6500ft), a very serene beautiful resort, sought
could never feel tired but were highly
after by many who seek an ideal place to relax,
rejuvenated. The path was strewn by small
and then proceeding onwards to Dhanaulti, and
waterfalls merrily trickling down over hanging
reached Mussoori. After spending some time
rocks as though sourced directly from the
at Mussoori, we hit for FRI, Dehra Dun, after a
heaven. The sun did not try too hard to reach us
very satisfying trip very late at evening, richer
down beneath the rich foliage rendering the
in our mythology.
forest a magical golden green. The trek was
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The Revenue Department, managed by the members of elite Indian Administrative Service, by
virtue of its primacy in Indian Scheme of administration and the Tribal Welfare Department, being
the nodal agency mandated in Forest Rights Act, have come to be important players in the
implementation of the Act. It is pertinent to remind that the Saxena Committee did not have many
kind words for Tribal Welfare Department in terms of its status or capability. It is seen more as an
appendage of revenue department, always content to play the second fiddle. The Department
does not rue for its relegated position because it is invariably headed by an IAS officer and does not
have many options to be any thing different. Though the TW department is expected to be in the
driving seat and run the show in implementation of FRA, it depends heavily on Revenue Department
for the oxygen required in so far as its delivery system is concerned. So far as implementation of FRA
is concerned, the Revenue Department runs the show at each level, from village to District level,
with Tribal Welfare Department in tow.
There are two important conclusions one can draw from this scenario. One, the department meant
for the welfare of tribal population does not have the liberty and independence of its own to think
and act on its creative instincts and secondly, perhaps as a natural corollary, it is the bureaucrats
who are totally responsible for fashioning and executing the tribal development schemes. If the
tribals have serious complaints even after 60 years of planning & development, the bureaucracy
has to take the blame. Curiously, the Government have a pathological weakness to bet on the
wrong horses.
I am reminded of a famous anecdote very popular in Delhi circles some years ago. Finding a
bureaucrat representing a premier scientific institution in a high level meeting on scientific research
called by him, the Prime Minister Rajiv Gandhi exasperatedly exclaimed; “What are you here for? I
think the scientists know their subject better.” Informed sources say that the clout of the bureaucrats
declined to a large extent in science and technology sectors after this incident. Indiscriminate
deployment of bureaucrats and their proliferation in inconceivable positions had blunted the
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creative genius of the executive machinery at lower levels.
The most important players in implementation of the FRA viz. the revenue and tribal welfare
departments having been discussed, next comes the real stakeholders. Forest land being the bone
of contention, the claimant and the Forest Department are the natural contending parties to any
claim. By far the most essential stakeholder is the claimant. The law is made to vest forest rights in
him and his relevance as well as his interests is of paramount importance. While the claimant is the
main contender, the other contending party, the Forest Department, by virtue of it being the
custodian of the forest land in question, has the inherent responsibility of safeguarding the trust
placed in its charge. But, for some inexplicable reasons, the scheme of things in FRA did not provide
equal leverage to Forest Department on par with the other contending party i.e. the claimant.
Though Rule 12 (1) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of
Forest Rights) Rules makes it compulsory to inform the forest department of the visit to site, receiving
evidence etc, the Act itself is silent over this aspect. This can prove to be a glaring omission in the
law.
A reading of the Act and Rules will drive any one to conclude that the forest department’s role in the
implementation of the FRA is more of ceremonial nature than of substantial contribution. The
forest official does not have an assigned role at village level where a claim is initially considered for
recommendation/rejection. His role in SDLC and DLC is at best secondary and prone to bulldozing
by the chairperson and other members. In these days when political interference is very common
even at grass-root level and politicians have compulsive preference for populism instead of good
governance, not many officials will have the spine to stand up and be counted. Forest officials
cannot be any different.
Strangely, there is a persistent disinformation spread by self styled lobbyists that the Forest
Department is the biggest obstacle in the successful implementation of FRA. It is unfortunate that
even Saxena Committee failed to read the situation correctly on this score. It is a case of perception
deficit. Like the claimant’s right to be heard in support of claim over the forest land, the bonafide
custodian of the property at stake should also have equal right to be heard of his version. The
processing fora should have the patience to hear both the contending parties and take an objective
decision. Short circuiting this procedure cannot be anything but a naked travesty of justice.
In fact many impartial observers feel that the Forest Department did not acquit itself creditably in
the implementation of the Act. Their attitude has been passive at best if not rank indifference. Their
performance level in safeguarding the trust in their charge is abysmal. As custodian of the forest
land in question, they should have been in possession of all the information & history in respect of
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encroachment, encroachers, extent, period, sketch etc which would have facilitated the enquiry
immensely. The department should have prepared the information at least when it became
necessary during the process of verification of claims. They do not need orders from anybody to
survey areas in their custody. They could have verified the claims with satellite imageries and
presented the factual position before the authorised committees. Instead, they have thrown in the
towel even before the game started. Barring few exceptions, they preferred to sign on the dotted
line. The element of professionalism was conspicuous by absence. In the face of such lacklustre
performance, to say that the Forest Department created roadblocks in implementation is an undue
compliment. The much publicized FD interference in implementation could be the legitimate
protests/objections from the conscientious few of the serving forest fraternity.
It becomes necessary to mention here a new lobby is emerging who argue that there is over-
emphasis on environment. It is distressing to see some foresters too are prepared to buy this
argument (mercifully, only a few). The emphasis on and commitment to the cause of forests is no
longer the same acquired in institutions of forestry. These officers appear to savour privileges as
administrators than hardworking foresters. On account of interaction with outside agencies during
the past decade or two, they appear unsure of their own views and performance. The concern for
the loss of forests and the fervour to prevent it is on decline. There is a tendency to construe it as an
intellectual progression. Some go to the extent of arguing that climate change, global warming,
bio-diversity, ecology, environment etc are all myths and no undue concern need be shown to
them!
Lastly, the set of other agencies that mattered most are the Gram Sabha, the Sub-Divisional Level
Committee and the District level Committee. In view of the fact the Government, the local public
and the polity as a whole, are one in diverting as much forest land as possible as conferrable right,
it may not be necessary get into the details of performance of the Committees. Their role is simple,
clear and uncomplicated. It is an instrument created exclusively to recognize and vest in forest
dwellers the rights over forest land. It is a privilege never bestowed on any public representatives.
There is a point to make in this context. According to settled law, the only authority to settle a right
over a property is the Civil Court. In other words, the powers of a Civil Court are vested in various
Committees created under FRA. If land rights are to be decided by voting, one can understand to
what extent the executive can go to abuse the democratic apparatus.
India has accepted the doctrine of the Rule of Law. The doctrine is explained as follows:
“It means the absence of arbitrary power, effective control of and proper publicity of delegated
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legislation, particularly when it imposes penalties; that when discretionary power is granted the
manner in which it is to be exercised should as far as possible be defined; that every man should be
responsible to the ordinary law whether he be private citizen or public officer; that private rights
should be determined by impartial and independent tribunals; and that fundamental private rights
are safeguarded by the ordinary law of the land.” (Wade and Phillips – Constitutional Law). What
needs to be seen in this context is whether the Committees created under FRA can come anywhere
near the impartial and independent tribunals mentioned in the doctrine above. The Saxena
Committee has missed this aspect totally. They appear concerned more about claims rejected
than the ineligible claims admitted. The one fact that needs to be kept in mind is that the Gram
Sabha, considered inadequately equipped to exercise the powers mandated by Constitution, is
found suddenly good enough to grant land titles under this legislation. That it cannot issue even a
ration card now in the village is a different story.
It is in the light of these facts the success or failure of the legislation needs to be evaluated. Alienation
of large extents of forest land by itself cannot be deemed as success. The Nation is committed to
rule of law which also implies that the law should be fair, equitable, purpose oriented, rational and
foolproof leaving no scope for subjective interpretations. The following observations in their own
words of the Saxena Committee deserve attention:
1. “Some of the States (e.g. Andhra Pradesh, Madhya Pradesh) considered the implementation
of the FRA 2006 as an opportunity “to distribute” forest land and secure the individual rights of
forest dwellers, particularly tribals. These State Governments set a deadline so that distribution is
completed well before the scheduled assembly elections of the State. Even at the National level,
the PMO set a target oriented review mechanism which caused unnecessary rush, distortions in
implementation, pushing States to worry only about showing increase in number of claims processed,
rather than the quality of the process. In a large number of cases the vesting of forest land has taken
place even without measuring the same on the ground. It is to be noted that no deadline for
implementation has been provided in the Act.” (Executive Summary- A.1)
2. “SDLCs and DLCs, even if constituted, have only partially discharged their responsibilities,
with little attempt to proactively help with claims and evidences, and on the contrary, often issuing
rejection letters without adequate grounds.” (Executive Summary – A.3.)
3. “There has been inadequate preparedness and lack of trained staff for implementation of
FRA at grassroots. Land survey, demarcation of boundary and settlement of land rights either for
revenue or forest land is a laborious, complex and time consuming activity. In the instant case State
Governments focussed only on achieving the targets in a time bound manner and the creation of
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adequate human resources, equipment and building capacity for the gigantic task was not done.
…………. Some tasks (such as measurement or claim preparation) have been either outsourced or
completed by engaging staff on contract basis. This has adversely affected the quality and accuracy
of the output in many States resulting in wrongful rejections and also in few cases wrong acceptance
of a number of claims. (Executive Summary – A.4.)
4. Application of spatial technologies (including remote sensing (RS), global positions systems
(GPS) and geographic information system (GIS) have the potential to help in rapid delineation of
boundaries, immutable positional information and objective determination of the physical status of
claimed lands, provided skills are built, transparency is ensured and safeguards are followed. Several
States have utilized GPS technology for plot delineation. Only one State (Maharashtra) has used the
full suite of technologies (RS+GIS+GPS) for all three purposes in a relatively transparent manner. But
the SLMCstopped this process half way because of the “slow progress” and now title deeds are granted
without land measurement, which is a serious concern.” (Executive Summary – A.5.)
5. MoTA should issue directions that wherever FRC have been incorrectly formed …… without
following a democratic process, these FRCs are to be reconstituted through open elections at level
of PESA or revenue village-level Gram Sabhas, with clear instructions so that officials do not usurp
powers and functions of the FRCs. However, where there has been satisfactory processing of claims
and vesting of rights despite faulty FRC formation this should not be undone. The reconstituted
FRCs should only review where there has been improper rejection or acceptance, or denial of the
possibility of making claims etc and properly process new claims.” (Executive Summary – (A.8. ( c ))
6. “………. MoTA should clarify that no disqualifications on the basis of possession of additional
revenue land or jobs, or location of residence on revenue land etc are permissible under the FRA.”
(Executive Summary – A. 8 (d).
7. a special set of guidelines need to be worked out for the proper use of spatial technology in
the delineation, location and status verification of claims filed, so as to ensure reliability, objectivity
and transparency. Best practices identified and techniques developed in Maharashtra should be
incorporated; financial support, equipment and training should be provided at all levels, especially
the FRCs and field verifications done with involvement of claimants. (Executive Summary – A. 8. (e).
8. “State Governments should review their SLMCs, DLCs and SDLCs, including the problems
identified in this report regarding their composition, functioning, public interface and transparency
and issue directions for necessary correctives in each of these institutions.” (Executive Summary –
A. 8 (f ).
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9. “MoTA should clarify the procedure to be followed for ensuring that rights certificates issued
under FRA are entered in record of rights, land settlement anf forest settlement records of each
State.” (Executive Summary – A. 8. (h).
10. “By and large, the Individual Forest Rights (IFR) claims that have been accepted are
legitimate ones. There are, however, some cases of fraudulent claims or post-2005 encroachments
reported from Maharashtra and a couple of other States.” (Executive Summary - B. 10.)
11. “There are however major errors of omission.” (Executive Summary - B. 11.)
12. “The biggest problem is with the many cases of faulty rejections. Rejections are done without
assigning reasons or based on wrong interpretation……”. (Executive Summary – B. 12.)
13. “All States need to address afresh the problem of omissions: areas where the FRA is not
happening, settlements, groups or individuals that are being left out and so on.” (Executive Summary
- 16. Recommendations (a)
14. Title deeds of land for individual possession should be given only after the physical
measurement has been accurately done on the ground and demarcated with permanent boundary
marks in the presence of all the stakeholders to avoid future land disputes.” (Executive Summary–
16. (b).
15. “The task is difficult since right from the days, prior to the birth of the Act, it was hailed as an
Act to grant pattas of forest land. This perception unfortunately continues even today not just
among masses but also amongst some of the implementers and policymakers. The Act is also
widely seen as one of change of forest governance but is unfortunately not being understood as
such.” (Ch. 1 – Para 1.3.)
16. “The PMO’s target oriented review mechanism has also caused distortions in implementation
pushing States to worry only about showing increase in number of claims processed rather than
the quality of the process.” (Ch.3-para 2.3.4.3.)
17. “Constitution of Gram Sabhas is at the panchayat level, rather than at the village /hamlet
level. As is evidently clear from 2(g) and 2(p) of the Act, the gram sabhas are to be convened at the
hamlet level in schedule V areas and the revenue village level or traditional village or habitations
and settlements in other areas. However, in a number of states, such as AP, WB,and UP, these are
being called at the panchayat level, which is illegal. (11.1.1.)
18. “The Tribal Development Departments of the State Governments have neither crosschecked
the work being done at the village levelby the revenue and forest officials, nor did they engage any
outside agency to do independent assessment.” (11.1.2.)
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19. “Powers of the FRC and GS are exercised by the village level officials and the non-officials of
the FRC and GS are just putting their signatures to the reports written by the officials. The village
level enquiry reports Have not been verified by block and district level officials. Neatly devised
systems of processing of claims at various levels has not been operationalized except in few areas
of some States.” (11.1.3.)
20. “In almost no instance has the SDLC proactively provided maps, documents and evidence
to FRCs and GSs though this is required by FRA.” (11.1.5.)
21. “The Tribal departments are used to give scholarships and grants to beneficiaries but have
no experience of dealing with programmes that require interdepartmental coordination. Most
nodal officers, without much of capacity building inputs given to them, were thus quite happy
collecting statistical information on FRA but took no initiative in verifying the figures, arranging for
a supervision architecture, or assessing the quality of performance of districts. The Tribal Welfare
Department officers are seen as very low in the hierarchy as compared to the Chairman and hence
had hardly any say in the matter and hardly took any initiative. The show was seen and projected
primarily as Chaiman’s or FD show.” (11.1.6.)
22. “Only a few States have been able to use application of the spatial and remote sensing
technology mainly, GPS or PDA for demarcating the boundary and measuring area of plots for
individual forest rights because of lack of capacity building in the application of this technology.”
(11.1.9)
In the end analysis, if the nodal agency did not play its assigned role and if the implementation of
the Act is hijacked by revenue or forest officials and if different agencies that matter in the context
did not do what is expected of them, resulting in serious infractions, as opined by the Saxena
Committee, it is apparent that there are legal, procedural and systemic faults. Taking up
implementation before the grey areas are addressed, was a lapse. The Government went ahead
with implementation in an unholy haste. The Committee’s view that all inconvenient things crept
in implementation should go and all favourable acts must survive, irrespective of legal sanction,
cannot be acceptable in civilized society. It should strictly be according to law. It cannot be a law of
convenience. If what is done is illegal, it has to go lock, stock and barrel irrespective of the
consideration whether it pinches whom and where. It has to be reminded here that the very
constitutional validity and legality of the provisions of the FRA are challenged and the matter is
pending before Courts.
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Listing out all the observations of Saxena Committee will result in reproduction of the report. The
objective of the article is to point out some of the systemic defects in the legislation and in its
implementation. It does not mean that the Report is good and conclusions drawn are correct. The
Committee itself is conscious of its inadequacies admitted in so many words on the information
available. They could find glaring defects even on the basis of peripheral inputs and the actual
position could be much worse. The thrust of the views expressed by the Committee appears to
highlight the need to go even beyond the confines of the given law to alienate forest land and to
plead for providing space to civil society organizations in the implementation of the Act. The
Committee did not have a single word of sympathy towards environment. The health and well
being of future generations did not mean anything to the Committee. The Committee expects
the civil societies to do wonder where the accountable government agencies failed. It is a very
dangerous suggestion bound to make the waters murkier. One has to wait and see how the
Government is going to respond to the recommendations made. The views of the real stakeholders
on the report are yet to be known. Perhaps, the last word can only be said by the Courts.
Ramesh made this remark while accusing the On other issues, Ramesh said India's ambitious
Information Technology (IT ) industry of not target of bringing 33 per cent of its area under
adhering to green norms. green cover is well out of reach given the size
of the population and the pressure for
"The IT industry is a huge guzzler for air
development.
conditioning. IT buildings are horribly inefficient
when it comes to meeting energy efficient Ramesh instead felt that the focus should be on
levels. I close my ears when the IT czars are giving improving the quality of the existing green
long lectures on green building," he said. cover, rather than trying to extend it.
The minister also said that buildings of the IT He also pointed out that about 40 per cent of
industry are "poor advertisements of green the Indian forest is open degraded forest land,
habitats." which means when you look up, you easily see
the Sun (In forests with good tree cover, it is not
Ramesh made these remarks while speaking at
possible to see the sun except in glimpses).
the "Green Landscape Summit-2011" organised
by CII.
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was right. A few minutes later he got up and got proved to be a nocturnal beast, dead in the day
dissolved in the crowd. I could under stand now and bubbling with activity in the night. Most of
why some airlines charge you double the fares if the trains to Chennai from other metros pass
the plinth area of your person exceeds their through it in the midnight. Later I observed that
standards. Now we were de facto owners of the the most significant building in Bapatla is the
whole of the seat but not so de jure. However station itself.
the situation eased up after a few stations. Early next morning we stepped out in to the
The compartments are provided display screens town. We noticed people joyfully moving about
which read the name of the next station, its on strange jalopies. The ingenuity of the
receding distance from the train and expected Bapatlavi ( I coined this word , the Urdu way)
arrival time. We dozed off after making a few underlines itself through this invention which
thumb rules .Get on your toes if it shows Chirala. may change commuting mode throughout the
Afterwards if it does not show Chirala or Bapatla, world. The planners of schemes like JN NURM
you have gone too far. However we were wide can get a lead, from these highly efficient eco
awake and landed comfortably in Bapatla. friendly, and pollution free carriages. The design
is simple. A rectangular thick board of teak,
At every new place I visit, my first enquiry is about
probably stolen from the forests of Adilabad or
a place to stay and the next is a place to eat. The
Karimnagar is fixed just a little below the hip
person holding the enquiry counter in the station
level on cycle rickshaws. All you hav to do is turn
itself was a great sport. He beamed a cheerful
around, softly touch your arise to the plank, get
smile at me. He surely was not one of those who
on your toes, push yourself against it and you
yawningly give you a tired look, as at an intruder
are aboard. Your feet are joyfully dangling in the
and talk to you as if doing a favor. He proudly
air. You get an uplifting feel of independence.
informed that one of the newly constructed
You do not have to bend your legs and aggravate
retiring rooms was vacant. I completed the
your knee joints. Getting down is another delight.
necessary formalities. The eatery he
Just straighten your feet and you are landed.
recommended was Sripriya in the town Centre.
Suryalanka at about 10 kilometers was In the North, on and off I have been riding on
reachable by autos. The room still a virgin was in rickshaws. It is like mounting a camel. Being
colorful drapes, with brand new mattresses and arthritic I know the hell I have to go through,
pillows a shining tiled floor and a spotless rest getting up and down, and later getting
room with a large exhaust fan. Baptla station incapacitated for the rest of the day. The
which gave a desolate look when we got there, rickshaws of Hyderabad are still worse, with only
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six inches difference in levels of the seat and the rubbing your flabby back with sinews and
floor. Good riddance. They are obsolete now, muscles of some dusky belle and the thrill of
thanks to the delusion of prosperity we have living goes on. In a span of four days of life two
been tricked into. The limitation of space in the are gone in desire and the other two in
seats is another discomfort for the chosen few, anticipation.( Do arzoo mein kat gaye Do intezar
with bloated bodies. I have seen some of them mein.)
seated on the ridge of the backrest which made
This machine is an efficient fitness aide and has
a deep dent on their bottoms.
immense potential of export, to the smoke free
The back is the most under utilized organ in the European and American towns. Children padding
human anatomy. It has not been put to any up, loads of fat is a constant worry of parents in
meaningful use so far, except for making a fashion U.S. In the state of Omaha an ambitious project
statement through deep necked apparels. was taken up to lay cycling tracks. This is an ideal
However the titillations caused this way by a few machine for a group of five, to pedal by turns, to
shapely bodies are more than offset, by the far and back from their schools and toning up their
numerous, bulging with tyre rings around them. bodies in the bargain. Better sooner than later
the Bapatlavi should get a patent for his
The wily Bapatlavi has devised this four seater
creativity.
with amazing economic and social ramifications.
Two Passengers sit in the front on the left and The beach of Suryalanka, about 9-10 kilometers
right of the man on pedal and two in the back. from Bapatla is conveniently reached by autos.
No window aisle problem, every seat is windy. Standard charges then were Rs.100/- either way.
There are no back rests. The front seater’s back A livelier choice is to ride a sharing auto for Rs.10/
rests on that of the one seated behind. The per head. You have to get the nod from the driver,
elimination of back rests saves ten percent of and wait. There is an extra plank fixed on the back
the meager cost of the machine It gives both of of the front seat. He makes room for the
them a mild scrub on each bump and a pleasant passengers calculating their body volumes. He
sensation. Touch and body contacts break the was going to fit in, four in the back seat four on
barriers of mind and bind people together, had the plank and two on his own seat, with me
there been no untouchablity, the country would getting this privilege. Without reaching the
not have the scourge of cast system. figure of 10 the auto was not going to budge an
inch. The passengers sit facing each other with
It also throws open a plethora of fantasies.
their two legs alternated by those of their
Anticipation is more exciting than fulfillment.
opposite numbers. A brisk pull of the handle and
Day in and day out you end up fantasizing,
engine comes to life. But the driver sees more
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hands signaling. He kills the engine and waits. under the splashing waves. It should be free
from swift or deceptive under currents. This is
Now you are amazed to see how spaces expand
ensured by. a deep inwards curve, from the
with the need of the hour. He made adjustments
mouth of river Krishna to Ongole, in the corpore
asking some to change their seats and fixed in
sano of India. It should be free from crocks and
two more. He asked me to get down to set up
sharks. Presence of dolphins in the vicinity is a
one more on his right and one on his left. Then
good news. Suryalanka has all these positives
he invited me back. Now loaded with 15 the auto
going with it. It needs a few shacks providing
is unleashed on the road, with half of my body
good sea foods and doubling up as cloak rooms
swinging in the air. In the return trip, if lucky you
for depositing belongings. An efficient coast
may be gifted an additional freebee. As you
guard with good rescue equipment has to be
stretch your leg you find some thing soft and wet.
drafted up. It will give the beaches of Goa a run
Then an odor of fish hits your nostrils. The odor
for their money.
remains with you, much after your journey.
Wherever you go it follows you like a jilted lover. Nature hides its choicest fruits of exhilaration
behind the barriers of toil and grit. Swimming in
The journey is a wonderful learning experience.
the sea is one such delight. The soft and the meek
Conversations go on about the day to day
are deprived of the fun, by a process of
happenings, the joys and worries, the gains and
elimination. If we dare the surf and splashes, go
the pains, the agonies and the ecstasies of life.
deeper into the sea a whole world of joys opens
Soon you are no longer a stranger. The hot topic
up for us. The sea rocks us up and down like a
then, was a radio and television warning of storm
baby in a cradle. Once you break the barrier you
building up in the sea. The concern showed on
have a world of enthralling activities before you,
the faces of those whose folks were out in the
sea. The auto takes me past the Air Force Station There is another question that keeps recurring
right up to the sandy shores of Suryalanka. And I in my mind. Why the relatives of my wife always
stood facing the Bay of Bengal. get on my nerves? In one such moment of
desperation I put the question straight to her.
A good beach should have a mild gradient of
“Show me one relative of yours who can cheer
slope. It should slowly lower you down allowing
me up”. She flashed a smile at me and told. ‘Yes
you to test the water, jumping over or dipping
My hubby.”
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ROLL OF HONOUR
M. Venkataramana, Forest Watcher, Chittoor East Range,
Chittoor East division
Among the non-executive forest employees, was heavy bleeding and no one else was there
some render service in giving secret information to arrange for any medical assistance. Poor
to field staff leading to detection of forest Venkataramana succumbed to the injuries.
offences, some being offences of grave nature.
The Government passed orders sanctioning the
One such person was Sri M. Venkataramana.
usual benefits, to the survivors of Venkataramana,
Venkataramana was working as Rest House of ex-gratia payment Rs. One lakh; payment of
Watcher at Panapakam Forest Rest House. He salary to the widow as admissible on the date of
passed on useful information to field staff death till the date of retirement if he had been
leading to important cases. He used to zealously alive; payment of family pension and gratuity to
participate some times in the seizure of the widow; and provision of employment to one
properties involved in forest offences. The of the survivors of the family.
smugglers who bore grudge against him were
Accordingly Sri Prasad Babu, son of the late
determined to wreak vengeance and finish him
Venkataramana, was offered the job of attender
off.
in March 1991 in the division office of Chittoor
On the night of April 6, 1990 while East division. But after a few days, Prasad Babu
Venkataramana was sleeping at the Forest Rest resigned the job and took up employment with
House at Panapakam, the assailants found, that TTD as Assistant Wireman.
was the opportune moment and the killers May his soul rest in peace!
stabbed him mercilessly at many places. There K.B.R.
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education of women. Women is the companion neighbor’s faith is inferior to mine and wish that
of man gifted with equal mental capacities. She he should give up his faith and embrace mine? I
is entitled to a supreme place in her own sphere can only wish and pray that he may live and grow
of activity as a man in his.” perfect, in his own faith. In God’s house there are
many mansions and they are equally holy”.
He said further “To me the female sex is not the
weaker sex. It is the nobler of the two for it is I was wonder struck by the view point of
even today the embodiment of sacrifice, silent Mahatma. I am sure that this kind of perception
suffering, humility and faith. To call woman the of any religion shall definitely result in religious
weaker sex is a libel. It is man’s injustice to tolerance and peaceful co-existence among all,
woman. If by strength is meant brute strength, the people of our Greet Country.
then a woman is less brute than man. If by
The inquisitiveness in me made to put another
strength is meant moral power then woman is
question to Mahatma having been encouraged
immeasurably man’s superior”. I was awe struck
by his patient hearing and giving response with
with his reply and for the reverence he has
a broad smile persisting on his face. I asked “Bapu
shown towards women. I recollected our old
how do you feel about the tension prevailing
scriptures where it was written, “Yathra Naryastu
internationally and consequent mad race for
Pujyante ramante thatra devataha.”
armament among the countries. He said, “If the
When I questioned him about the prevailing mad race for armaments continues it is bound
religious fanaticism all over the world he to result in a slaughter such as has never
exhorted saying, “Religions are different roads occurred in the history. If there is a victor left the
converging to the same point, what does it very victory will be a living death for the nation
matter that we take different roads, so long as that emerges victorious.”
we reach the same goal? If man reaches the heart
He said further, “Immediately the spirit of
of his own religion, he has reached the heart of
exploitation is gone, armaments will be felt as a
the other too”, there by rejecting the religious
positive, un-bearable burden. Real
fanaticism where ever and in which ever shape
disarmament can not come unless the nations
it exists or surfaces from.
of the world cease to exploit one another”.
He added further,“God has created different faiths
The forethought of Mahatma with regard to
just as he has the votaries there of. How can I
disarmament, exploitation by nations is highly
even secretly harbor the thoughts that my
relevant even today in the context of tensions
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prevailing among different countries namely initiated by “Mikhail Gorbachaw” and also
South Korea and North Korea, Pakistan and India because of the awareness brought out in the
and U.S.A and Iran. minds of poverty stricken faceless multitude of
that great county. The policy of “iron curtain” and
Regarding the economic disparities prevailing
communist ideology despising the very idea of
all over the world in general and in India in
“Capitalism” were not proved to be panacea for
particular he has stated in no uncertain terms “ I
the problems faced by the people of the
can not picture to my self a time when the rich
erstwhile USSR.
will spurn to enrich themselves at the expense
of the poor and the poor will cease to envy the I asked Mahatma, “how is non-violence relevant
rich. Even in a most perfect world, we shall fail to these days?.” Pat came the reply. He said, “Non-
avoid inequalities, but we can and must avoid Violence is not a resignation from all real fighting
strife and bitterness” against wickedness. On the contrary, the non-
violence of my conception is a more active and
He further added,” Exploitation of the poor can
real fight against wickedness than retaliation
be extinguished not by effecting the destruction
whose very nature is to increase wickedness. I
of a few millionaires, but by removing the
contemplate a mental therefore a moral
ignorance of the poor and teaching them to non-
opposition to immoralities. I seek entirely to
co-operate with their exploiters. That will
blunt the edge of the tyrants’ sword not by
convert the exploiters also. I have even
putting up against it a sharper edged weapon,
suggested that ultimately it will lead to both
but by disappointing his expectation that I
being equal partners. Capital as such is not evil.
would be offering physical resistance. The
It is its wrong use that is evil. Capital in some
resistance of the soul that I should offer would
form or other will always be needed.”
elude him.”
The developments that took place in the world
This great idea or a strategy of non-violence the
speak volumes of the right perspective of
brain child of Mahatma, has brought India its
Mahatma Gandhi in connection with the
independence form the colonial rule of the
alleviation of poverty and dogmatic belief in
British in 20th Century and it is very much
Particular theories. USSR could not retain its
relevant even now. The very fact that Barrack
identity as one geographical entity and was
Obama the president of U.S.A. who declared him
divided into Russia, Chechenya and other
self to be an admirer of Mahatma Gandhi and his
independent territories because of “Perestroika”
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“non-violence” was given an international award to supply milk to number of houses Please
“Noble prize for peace” for the role played by receive the milk and let me go” he said and
him in espousing the cause for international vanished in no time from there. Plato said long
peace, and disarmament, stresses upon the ago” There always are in the world a few inspired
importance and relevance of peace and non- men whose acquaintance is beyond price.” yes
violence even during this century. The vision of I paid the price of pittance by incurring the
Mahatma Gandhi surpasses that of any other wrath of milk vendor in the process of having
statesman in the world. acquaintance with a great soul “Mahatma
Gandhi” at least during my valuable dream. It is
I prostrated before Mahatma Gandhi while
true that the human mind in all its baffling
saying “Bapuji who can deny the fact that
strangeness and vanity produces contrary types
Gandhism is very much relevant even today and
a Buddha or Gandhi a Nero or a Hitler. As long as
even during centuries to come?” Mahatma
the world exists Mahatma Gandhi will be
Gandhi slowly disappeared while saying “Do not
remembered as an epitome of non-violence, an
worship me, worship my thoughts and follow
embodiment of patience and as one of the
them for the benefit of mankind in general and
greatest thinkers that this world has ever
for the sake of our great country, India in
produced. True statesmen that he was he said, “I
particular.”
have nothing new to teach the world. Truth and
I suddenly woke up. The milk vendor was non-violence are as old as the hills.” Who has got
pressing the calling bell in such a manner that I the audacity to say, “Gandhism is not relevant
was forced to open my eyes and go running to today?”
open the door. The great experience that I had
Note by the writer: The excerpts quoted in this
while conversing with a great soul came to an
article were taken from the book “ALL MEN ARE
end, abruptly. The milk vendor was looking at
BROTHERS” as told in Mahatma Gandhi’s own
me with disgust and anger in his eyes “ Sir I have
words.
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LEGAL NOTES
D.F.O. Eluru vs. District Judge, West Godavari, Eluru & others
This is a unique case which describes very effect was issued in 1953.
succinctly how a Forest Settlement Officer
Out of the total area taken over, an extent of Acs.
played fraud in collusion with the original
4,100 was demarcated and was proposed to be
claimants and subsequent purchasers of land of
constituted as reserved forest. Consequently, a
an extent of Acs. 342.50 (138.60 ha) and decided
notification of Government under Sec. 4 of the
to exclude from a proposed reserved forest in
Andhra Pradesh Forest Act, 1967 was issued in
Eluru Forest Division and West Godavari district.
1970. The consequential proclamation of Forest
The judgment of the District Judge on appeal
Settlement Officer under Sec. 6 of the Act was
by the D.F.O., Eluru, judgment of a single judge of
published in 1977 whereby claims and
High Court in a writ petition filed by the D.F.O.
objections against the proposed reservation
and judgment on writ appeal preferred by the
were invited by the F.S.O.
D.F.O. have all gone against the Forest
Department. Even the Government was carried In 1982, One Sri Inuganti Rama Krishna Ranga
away by the wrong representation and decided Rao filed a sworn statement before the F.S.O. and
to write to the Central Government for the submitted that his grand father Inuganti
excision of the area from the proposed R.F. The Madhava Rao held Shrotriam in Bhogolu and he
C.C.F. ( Vigilance) under the orders of the granted zamindari patta over land of an extent
Government meticulously carried out an of Acs. 342.50 in Sy. No. 537, to himself and others
investigation and unearthed the fraud. of his family in 1931. The pattadars sold away
Consequently the D.F.O.’s Review Petition filed these lands to 28 individuals. The 28 persons also
in the High Court was allowed and all the orders filed petitions before the F.S.O. with a request to
previously passed by the District Court and High settle their claims.
Court were set aside. A very interesting case in The F.S.O. admitted their claims after enquiry on
deed! 18th, 20th, and 21st October 1984 and 7th
Land of an extent of Acs. 4,900 in Bhogolu Forest November 1984. He addressed a letter to the
Block in Chintalapudi taluk in Eluru Forest Secretary to Government in Forest Department
Division and West Godavari district was handed on 18.12.1984 alleging that the D.F.O. Eluru did
over to the Forest Department in the year1952, not file counter to the claim petitions. On
after abolition of estate of Inuganti Madhava Rao. inspection of the claimed lands, the F.S.O. found
The area was declared under Sec. 26 of the eucalyptus plantations raised by the A.P. Forest
Madras Forest Act, 1882 and a notification to that Development Corporation. He proposed to the
Government for the exclusion of the claimed
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lands from the proposed R.F. and suggested that further to declare that the State Government’s
necessary permission in terms of Sec. 2 of the order issued in Memo dated 11.10.2004 is illegal
Forest Conservation Act be obtained from the and void. The writ petition was allowed on
Central Government. 19.01.2009 with direction to the Government
to take appropriate action. Aggrieved by the
The D.F.O. Eluru filed an appeal against the
judgment of the single judge, W.A. No. 1123 of
decision of the F.S.O. in the District Court which
2009 was filed by the DFO. The Division Bench in
was dismissed on 17.10.1988. The D.F.O. then
its order dated 08.09.2009 noted the
challenged the judgment of the District Court
submissions of the Government Pleader that
by filing writ petition No. 12394 of 1989, which
fraud committed earlier had come to light and
was dismissed on 04.12.1995. Thereupon writ
that the State would file a review application
appeal No. 82 of 1998 was filed against the
seeking review of the judgment in W.A. 82 of
judgment of the single judge which was also
1998. Permission was accorded for withdrawal
dismissed by a Division Bench on 25.01. 2002.
of appeal in W.A. No. 1123 of 2009 which was
The Government directed the Principal CCF on disposed of as withdrawn.
01.4.2003 to furnish proposals under Sec. 2 of
Review application WAMP No. 2601 of 2009 is
the Forest Conservation Act seeking permission
taken on file and judgment in WA No. 82 of 1998
of the Central Government for exclusion of Acs.
is reviewed. The matter is considered by a
342.50 from the proposed reserved forest. But
Division Bench comprising V.V.S. Rao and
stayed the orders on 11.10.2004 and directed
Rameshranganathan, JJ. The facts placed before
the CCF (Vigilance) to cause an enquiry into the
the Division Bench are astounding and are the
claims.
outcome of strenuous effort made by CCF
The CCF (Vigilance) in his discreet enquiry found (Vigilance). The facts placed before the court are
that the office record of the Mandal Revenue minutely examined and it was inferred that the
Officer has been tampered and the claim of proceedings dated 18.12.1984 of the FSO is the
Inuganti Rama Krishna Ranga Rao before the FSO outcome of fraud played by the FSO in collusion
is fictitious and untenable. with the pattadars and their vendees.
In W.P. No. 11419 of 2006, Inuganti Rama Krishna It was held that fraud vitiates every act. Fraud
Ranga Rao requested the court to direct the and justice never dwell together. A judgment or
State Government to make an application to the an order obtained by playing fraud is a nullity
Central Government under Sec. 2 of the Forest and non est in the eye of law.
Conservation Act and for the Central
Though the FSO has stated that he has issued
Government to consider the said application of
notice to the DFO enclosing copies of claims but
the State Government. It was also requested
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May 2011 VANA PREMI
no notice was issued to the DFO intimating him are set aside. The court was convinced that the
of the dates of enquiry held by him. The vendees order of the FSO was wangled and obtained
have not produced sale deeds and Patta Pass through fraud or misrepresentation.
Books in proof of having purchased the lands.
It is contended that the FSO gave his decision in
FSO has ignored the provision of law which
favour of the claimants which is affirmed by the
states that during the period between the
District Judge and upheld by the Single Judge
notification under section 4 and the date fixed
of the High Court. Therefore that order of Single
by the notification under section 15, no rights
Judge has attained finality and therefore it must
shall be acquired by any person in respect of
be given effect to. Adverting to the contention
the lands included in the proposed reserved
it was held that the principle of ‘finality of
forest. The subject lands were originally classified
litigation’ cannot be pressed to the extent of
as ‘Adavi’ (Forest). Names of the individuals are
such absurdity that it becomes an engine of fraud
incorporated by tampering record in the Mandal
in the hands of dishonest litigants. This
Revenue Office. One of the original claimants,
contention was therefore rejected. The order of
who claim that patta was granted to him, was
the single judge is based on the decision of the
not born even by the date of alleged grant of
FSO which is set aside as it has been obtained
patta. Original claimants have not declared the
by fraud. The question of obtaining permission
extent of lands in the proposed R.F. in their
of Central Government for exclusion of the land
declaration under the Land Reforms Act.
does not arise.
A litigant who approaches court is bound to Quotable Point: Fraud – A judgment or a decree
produce all the documents executed by him obtained by playing fraud on court is a nullity and
which are relevant to the litigation. If he non est in the eye of law
withholds he would be guilty of playing fraud on KBR 2011 (2) A L T 130 (DB)
the court. The scope and meaning of the word,
‘Fraud’, is explained by referring to its meaning Author’s Note: The land of an extent of Acs. 342.50
in many dictionaries including legal dictionaries was almost lost under various judgments. It is
and quoting extensively from case law on the the investigation made by CCF (Vigilance) which
subject. retrieved the department’s prestige. Hats off to
all those forest officers and Government Pleader
Review petition and writ appeal filed by the State
for their efforts and effective presentation of the
are allowed awarding exemplary costs of Rs.
case, though belatedly. Kudos to the DFO Eluru
50,000/- and the respondents are required to pay
for his perseverance.
the costs within two months. The orders of
District Judge which affirmed the order of FSO
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OBITUARY
T. Rama Krishna
17-02-1944 - 11-04-2011
With profound sorrow we record the demise of Mr.Tummala Rama Krishna, IFS
(Retd) who passed away on 11.04.2011 at 10-30 p.m. He was ailing for some
time in the past. He was 67.
Mr T. Rama Krishna was born on 17.02.1944 at Vijayawada. He was the second
son and fourth child of Sri Tummala Venkateshwara Rae and Smt Tummala
Gangabai. Sri Tummala Venkateshwara Rae retired as Post Master General of Anhdra Circle with
jurisdiction over A.P.& Tamil Nadu. Sri T. Rama Krishna had his schooling at Machilipatnam and College
education up to graduation at City College, Hyderabad. He did M.Sc. in Zoology from Osmania University,
Hyderabad. He was selected for the Andhra Pradesh State Forest Service in March 1965 and deputed for
training in forestry at Indian Forest College, Dehra Dun from April 1965 to March 1967.
Mr T. Rama Krishna also underwent training in Wildlife Management at Wildlife Institute of India, Dehra
Dun. He was appointed by promotion to Indian Forest Service with 1972 as year of allotment. He was
promoted to the highest rank of Principal Chief Conservator of Forests and retired on superannuation
in the year 2004.
Mr T. Rama Krishna held very important assignments. He was one of the most sought after officer in the
Department and was considered as one of the top authorities on wildlife. Along with Late Mr Push
Kumar, Former Principal Chef Conservator of Forests, Rama Krishna was credited with improvement
and modernising the Nehru Zoological Park, Hyderabad and establishment of Zoological parks at
Visakhapatnam and Tirupathi. The two stalwarts were also credited with establishment of large number
of sanctuaries and National Parks in the State. Rama Krishna was the man behind the, design and
developmet of the Kasu Brahmananda Reddy National park in Jublee Hills which is popularly known as
K.B.R. Park. After retairment Mr. T. Ramakrishna acted as Consultant to many of the Zoological Parks in
the Country. He had the unique distinction of being a Member of the Zoo Authority of India. He was a
keen sportsman and always associated with State and National level sports of the Department.
Some of the important positions he held were (i) Curator, Indira Gandhi Zoological Park (ii) Divisional
Forest Officer, Eluru (iii) Curator, Nehru Zoological Park, Hyderabad (iv) Director, Nehru Zoological Park,
Hyderabad (v) Conservator of Forests, Hyderabad Circle (vi) Conservator of Forests Wildlife Circle (vii) Chief
Conservator of Forests (Wildlife) (viii) Addl. Principal Chief Conservator of Forests (Wildlife) and Chief
Wildlife Warden for A.P State (ix) Managing Director, Agro Industries Development Corporation, Govt. of
A.P (X) Principal Chief Conservator of Forests and Managing Director, A.P Forest Development Corporation.
Mr Rama Krishna was known for his hospitality and amiability. He was very popular among his colleagues.
Mr. Rama Krishna is fondly remembered by a large number of his colleagues, relatives and friends. He is
survived by Mrs Laxmi (Wife), Anirudh (Son) living in U.S.A.; Mrs Deepti (Daughter) living in Netherlands;
and three grandchildren. May God give the survivors, strength to bear the loss.
May the noble soul rest in peace ! M. Sulthan Mohiuddin
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