The Government of Jammu and Kashmir, Department of Forest, Ecology and Environment, has issued fresh guidelines for the protection of forest areas and reconciliation of claims of forest-dwelling Scheduled Tribes and other traditional forest dwellers.
The guidelines have been issued through Circular No. 07-JK(FST) of 2026 dated August 11, 2026, with the Government stressing the need to maintain a proper balance between forest conservation, ecological protection and recognition of genuine forest rights.
The circular, issued by Sheetal Nanda, IAS, Commissioner/Secretary to the Government, states that forest protection and the rights of communities traditionally dependent upon forests must be dealt with strictly under the applicable statutory framework.
The Government has referred to the Indian Forest Act, 1927, as applicable to the Union Territory of Jammu and Kashmir, and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, commonly known as the Forest Rights Act (FRA).
It has directed that both laws be implemented in their respective fields so that genuine and legally admissible forest rights are recognized and protected, without compromising the statutory mandate for the protection, conservation and ecological integrity of forests.
Pending Forest Rights Claims to Be Processed Expeditiously
The circular takes note of a recent communication issued by the Tribal Affairs Department, which reiterated the mechanism and procedure for settlement of claims under the Forest Rights Act.
The Government has directed Deputy Commissioners, as Chairpersons of District Level Committees, to ensure that all pending claims under the Forest Rights Act are processed and decided expeditiously by the competent authorities in accordance with the prescribed legal procedure.
Verification of Forest Land Occupation Ordered
The Forest Department has also been directed to undertake proper verification wherever occupation of forest land is reported or comes to notice.
The verification will include examination of forest and revenue records, land classification, nature and extent of occupation, period of occupation, identity and eligibility of claimants, evidence supporting claims and the actual ground position.
The circular further directs authorities to reconcile forest and revenue records and undertake proper demarcation of land, wherever necessary, to prevent erroneous identification, overlapping claims and unauthorized occupation.
However, the Government has made it clear that such reconciliation or demarcation must not prejudice any pending claim under the Forest Rights Act.
Action Against Unauthorized Occupation
The Government has stated that where occupation of forest land is found to be unauthorized and is not covered by a forest right recognized under the Forest Rights Act or otherwise protected under applicable law, the concerned Forest authorities shall initiate appropriate action for its prevention or removal.
Such action must be taken strictly in accordance with the Indian Forest Act, 1927, other applicable laws and the prescribed procedure, while giving due regard to Section 4(5) of the Forest Rights Act, 2006.
Forest Character Not to Be Altered During Pending Claims
Importantly, the circular states that while a claim under the Forest Rights Act is pending determination, the existing forest character and ecological integrity of the area must be protected.
No activity shall be permitted that changes the physical status of the land, causes degradation of forest resources, damages forest growth or otherwise prejudices the protection and conservation of forests.
Forest Department Asked to Assist Gram Sabhas
The Forest Department has been directed to extend all necessary assistance and cooperation to Gram Sabhas, Sub-Divisional Level Committees and District Level Committees and other competent authorities constituted under the Forest Rights Act for verification and settlement of claims.
Claims or proposed activities involving protected areas or ecologically sensitive areas will have to be examined strictly under the Forest Rights Act, Indian Forest Act, Wild Life (Protection) Act, 1972, environmental laws, judicial directions and other statutory requirements.
Records of Forest Rights and Encroachments to Be Updated
The District Level Committees have also been directed to ensure proper maintenance and updating of records relating to forest rights claims.
Territorial Forest Divisions have been asked to maintain records concerning unauthorized occupations, claims received, claims recognized or rejected, pending claims, areas where rights have been vested and action taken against unauthorized occupation.
The Government further directed that these records should, wherever necessary, be reconciled with records maintained by the Revenue Department and other concerned departments.
The circular reiterated that all action concerning forest land, encroachment and forest rights must strictly conform to the applicable laws, including the Indian Forest Act, Forest Rights Act, Wild Life (Protection) Act and environmental legislation, besides judicial directions and instructions issued by competent authorities.
The Government has directed all concerned authorities to ensure strict compliance with the guidelines in letter and spirit, safeguarding forest conservation while ensuring that legitimate rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers are dealt with strictly according to the statutory framework.
The circular was issued by order of the Government of Jammu and Kashmir and has been circulated to all Administrative Secretaries, the Principal Chief Conservator of Forests and HoFF, Divisional Commissioners, all Deputy Commissioners and other concerned authorities