REPORT OF THE COMMITTEE ON LAND MATTERS IN ANDAMAN AND NICOBAR ISLANDS Ministry of Home Affairs Government of India DECEMBER 2017 Tribute to Andamans “ANDAMANS… ” O Mortals! I AM a land of ancient waters, an adress of long forgotten quarters, where heaven and earth meet, and races from antiquity await to greet… for my rural tresses of earthy smells, and charcoal clouds of mystic spells, were meant to enchant heathen lovers of nature, and bewitch their senses into submission… for i am the mother of forest pure and virgin, and my mountains are dressed in fog and green, and i protect all those who seek refuge, in my anonymous land of solitude… my sands are golden and crescent, laid beneath the canopy of ageless stars, i am the owner of darkest of nights and yellowest of days, for i am the lover of everything wild… o slaves! but i warn thee, you have been enslaved before, do not write your destiny by destrying me, for every destruction has brought about my creation, i will remain young forever in letter and in spirit, even long after your time has gone… so surrender, do not plunder, for my graves are watery, i was meant to be tamed by no man, behold my glory i am andaman… --- By Piyush rohankar Contents Executive Summary _______________________________________________________________ 1 - 2 Intoduction and overview __________________________________________________________ 3 - 17 Terms of Refrence _________________________________________________________________ 18 Terms of Refernce A & B __________________________________________________________ 19 - 34 Recomendations A & B ___________________________________________________________ 34 - 41 Terms of Refernce C ______________________________________________________________ 42 -46 Recomendations C ______________________________________________________________ 47 - 49 Terms of Refernce D ______________________________________________________________ 50 - 67 Recomendations D _______________________________________________________________ 68 - 70 Terms of Refernce E ______________________________________________________________ 71 - 93 Recomendations E _______________________________________________________________ 94 - 98 Terms of Refernce F (Revenue) ____________________________________________________ 99 - 114 Terms of Refernce F (Forest) _____________________________________________________ 115 - 117 EXECUTIVE SUMMARY Resolution of land issues is generally time taking, often painstaking, and at times seemingly intractable matter. The gamut of land issues examined by the Committee displayed all these features. But it also brought out a significant facet that the case of Andaman & Nicobar Islands is, in many ways, sui generis, one of its own kind. Most of the demography of the Islands derives from the pre-and post- Independence settlement policies. Land was a basis of both sustenance and identity of settlers coming from the mainland. But in a predominantly forest area, there were limitations to growth and development. And the havoc of tsunami in 2004 made matters worse. The Committee interfaced with all sections of stakeholders, held public meetings, made field visits, went through copious records, heard the public representatives and had discussions with officers concerned. The upshot is a series of recommendations which, if implemented in toto, may go a long way in resolving chronic land issues. The compensation package for land lost to tsunami was clearly a compensation package, albeit an inadequate one. To regard it as relief package will not be justified, but a higher compensation, closer to the livelihood potential of the land lost, would be appropriate for those who opted for irrevocable surrender of land. Those who then opted to retain their portion of the submerged land, could continue to do so. The Committee has, as a fair and equitable dispensation, recommended accordingly. As regards the pre-1961 occupants who were not pre-1942, the Committee felt that restriction of the occupants being pre-1942 in the regularization scheme of 2003 approved by the Ministry was not tenable. Hence the Committee recommends that the excess land with pre-1961 occupants, as documented in the 1961 survey, should be regularized without any premium on the condition that the excess land will be regularized to the extent the occupants and their descendants have maintained their continuous possession of pre-1961 excess area of land till date. The then pre-1978 in-situ forest encroachers presently lying in 19 de-reserved blocks, now Revenue villages, need to be evicted and the ex-situ forest Pre-1978 2 | Page need to be accommodated as per previous plans, in compliance of the Apex Court orders dated 07.05.2002. The ex-situ pre-1978 forest encroachers who have been allotted 01 Ha land in the de-reserved blocks (now revenue village) should be evicted from the forest area and asked to occupy the allotted land in de-reserved pockets. The above actions are dependent upon the administration getting land vacated in the 19 de-reserved blocks from the excess possession of pre-1978 forest encroachers (in-situ) and eviction of post-1978 forest encroachers of 19 de- reserved block; the latter hinges upon the settlement plan approved by MHA pending decision under IA 2784/ 2010 before Hon’ble Supreme Court. For the post-1978 encroachers, MHA has approved the Settlement Plan of 2009 wherein the land under the possession of post-1978 encroachers may be regularized to the extent of 200 Sq. mtrs. (Urban) and 340 Sq. mtrs. (Rural). To this end, the Andaman & Nicobar Administration had filed IA 2784/ 2010 before the Apex Court seeking permission for implementation of the said plan. As a tangible way forward, Committee recommends an early decision in IA 2784/ 2010. The Committee observed a significant point that the post-1978 forest encroachers occupying land in the 19 de-reserved blocks are neither covered in the list of post-1978 revenue encroachers, nor in the list of post-1978 forest encroachers. These post-1978 forest encroachers need to be duly included in the settlement plan. Encroachments on public lands must, however, be made to stop eventually, and planned development must take its place. The current land regime needs to be overhauled and replaced by one capable of planned development of the Islands. The Committee is of the firm view that both the legal and administrative frameworks underlying revenue administration need to be significantly strengthened. Weak capacity in management of lands has been a major factor behind the prevailing state of affairs. The 1966 regulatory framework needs be amended to suit present day needs and dedicated capacity needs to be created for effective land management. The Committee strongly feels taking a macro and long-term view by the Government of India on the issue of land management in the Islands. This may involve a paradigm shift in so far as the approach to economic development in the Islands goes, and may involve freeing of more land from forest cover, for holistic development of the Islands, in an environmentally sound and sustainable manner. 3 | Page 1. INTRODUCTION AND OVERVIEW The Andaman & Nicobar Islands are a remotely located group of 572 Islands in the Andaman Sea with 38 inhabited Islands. The geographical area of the Islands is 8249 Sq Kms. spread across a distance of about 736 Kms from North to South. The Islands are broadly equidistant from Chennai, Vishakhapatnam and Kolkata with a flying time of about two hours and a boat journey of about three days. The Islands are closer to Thailand, Malaysia, Myanmar and Indonesia than they are to the Indian mainland. Benchmarking: The Andaman & Nicobar Islands are comparable in size to large tropical Island nations like Jamaica and Trinidad and Tobago and are much larger than Islands countries in the neighborhood like Maldives, Seychelles and Singapore. The Table below presents a benchmarking of Andaman & Nicobar Islands with some important comparators- Benchmarking of Andaman & Nicobar Islands Sl Name Area Area Population Tourist Per No (Sq Km) under Density Arrivals capita forest (person/ (2005) (Lakhs) income (%) Sq.Km) (2005) 1 A & N 8249 90 43 0.56 637 Islands 2 Maldives 300 3.3 1287 3.95 4600 3 Seychelles 451 66.7 182 1.29 16600 4 Singapore 707 3.3 6517 89.43 49990 5 Jamaica 10830 30 257 14.78 4800 6 Trinidad 5128 50.5 206 4.63 21700 &Tobago 7 Barbados 430 4.7 656 5.47 18900 8 Fiji 18274 44.6 50 5.50 4100 (source : Tourism Policy, A & N Administration, 2010) The above table indicates clearly that the A & N Islands are one of the larger Island Territories in the Tropics with a disproportionately high area under forest cover. With low per capita income and low tourist arrivals, the economic potential of A & N Islands is yet to be tapped. The excessive focus on preserving forest cover compared to other Island nations has undermined the economic growth and livelihood opportunities for persons residing in A & N Islands. The Committee believes that a major course correction is called, for based on international experience, by striking a better balance between 4 | Page economic growth and environmental sustainability, as has been achieved in comparator Island territories. Land use pattern Being isolated for millennia, the A & N Islands enjoy a high degree of endemism and are also home to three major Primitive Tribe (population about 600-700) who continue to the hunters and gatherers. It is therefore not surprising that the A & N Islands are recognized as a treasure trove in terms of biodiversity and a virtual laboratory for anthropologists. The priority for forest cover is reflected in the land use pattern which is as below: Reserved / Protected forest 7171 Sq Km ( 86.93 %) Water bodies, Coastal land, Intertidal Zone, 394.54 Sq Km (4.79%) Mud Flats, Coral reefs etc. Revenue area( Deemed forest) 162.50 Sq Km( 1.97%) Effective Revenue land available with A & N 520.51 ( 6.31 %) Admin. 8249 Sq Km Out of 520.51 Sq Km revenue land, 325.80 Sq Km is under utilization by way of allotment to private persons and Govt. Depts. An additional area of 187 Sq Km is under utilization for common facilities like roads, grazing land and other purposes.