RTI for Uttar Pradesh Van Vibhag — Forest Land Encroachment, FRA Rights and Compensatory Afforestation Records

Uttar Pradesh holds one of the largest and most ecologically diverse forest estates in northern India. Stretching from the terai grasslands and sal forests of the Dudhwa-Katerniaghat belt in the north to the dry Vindhyan and Kaimur plateaus in Sonbhadra and Mirzapur in the south, UP's forests are home to tigers, rhinoceroses, elephants, and gharials — and to tens of thousands of tribal and forest-dependent families whose livelihoods are tied directly to forest land and forest produce. The Uttar Pradesh Forest Department, known as the Van Vibhag, administers this estate under a network of forest circles, divisions, ranges, and beats, with its headquarters at Van Bhawan, Lucknow, under the Principal Chief Conservator of Forests (PCCF).

For citizens — whether a forest-dwelling family seeking recognition of land rights under the Forest Rights Act, a village facing encroachment of community forest land, an activist tracking whether CAMPA plantation funds were actually spent on trees, or a journalist investigating timber auction irregularities — the Right to Information Act, 2005 is the most effective legal mechanism to compel accountability from the Van Vibhag. Every formation of the UP Forest Department, from the PCCF's office down to the Divisional Forest Officer and Range Officer level, is a public authority under Section 2(h) of the RTI Act and is legally obligated to provide information within 30 days of a valid application under Section 6.

UP's Forest Profile: Ecological Zones and Administrative Coverage

Understanding the geographic and administrative landscape helps you direct your RTI application to the correct Divisional Forest Officer.

The Terai Belt

The northern Terai — the transitional zone between the Himalayan foothills and the Gangetic plains — contains UP's most ecologically significant forests. Dudhwa National Park in Lakhimpur Kheri district is a UNESCO-recognised biosphere reserve and the core area for one of India's most successful tiger and one-horned rhinoceros conservation programmes. Adjacent to Dudhwa are the Katerniaghat Wildlife Sanctuary (Bahraich) — a key habitat for gharials and Gangetic dolphins in the Girwa River — and the Suhelwa Wildlife Sanctuary straddling Shravasti and Balrampur districts, forming part of the Terai Arc Landscape.

These forests are administered by DFOs of the Dudhwa, North Kheri, South Kheri, Bahraich, Shravasti, Balrampur, Siddharthnagar, and Pilibhit forest divisions. Forest encroachments in the Terai belt are a persistent issue, given the pressure from dense rural populations in adjoining revenue villages and the historical legacy of land allocation schemes in the post-independence period.

The Vindhyan and Kaimur Highlands

The southern districts of Sonbhadra, Mirzapur, and Chitrakoot carry significant dry deciduous and tropical moist deciduous forests under the Vindhyan range and the Kaimur plateau. These forests contain commercially valuable timber species, substantial minor forest produce (tendu leaves, mahua, hirra, bahera), and coal-bearing land subject to mining diversion under the Forest Conservation Act, 1980. The Sonbhadra district in particular is one of the most significant zones of forest diversion in UP, with large-scale thermal power and mining projects generating substantial CAMPA levy obligations.

Social Forestry in the Gangetic Plains

Across the central and western Gangetic plains — covering Agra, Kanpur, Lucknow, Allahabad (Prayagraj), Varanasi, and other divisions — the Van Vibhag implements social forestry programmes: block plantations on degraded lands, linear plantations along roadsides and canal banks, and individual beneficiary plantations under farm forestry schemes. These plantations are the primary vehicle for CAMPA expenditure in the plains districts and are frequently implicated in fund utilisation irregularities.

Van Panchayats

Van Panchayats — community forest management bodies in which a village committee manages a defined forest area for collection of grass, fuel wood, minor forest produce, and small timber — exist primarily in the hill-adjacent and Terai districts of UP. Although the dedicated Van Panchayat Niyamavali (rules) governing these institutions are most associated with Uttarakhand (which separated from UP in 2000), the remaining UP hill-adjacent districts retain functional Van Panchayats whose accounts, produce royalty records, and audit reports are accessible through RTI filed with the DFO of the relevant division.

What RTI Can Obtain from the UP Van Vibhag

Forest Land Encroachment Records

Encroachment on Reserved Forest and Protected Forest — the two classes of forest land under the Indian Forest Act, 1927 — is a major and persistent challenge across the Terai and Vindhyan belts. The Forest Department records encroachments at the beat level, compiles them at the range level, and submits consolidated reports to the DFO.

RTI can obtain:

• The complete list of encroachment cases in a specified range or beat: compartment number, area, encroacher name (where recorded), date of first recording, and current action status
• Action Taken Reports (ATRs) showing whether notices were issued under Section 26 of the Indian Forest Act, 1927, whether eviction orders were passed, and what area was actually cleared
• The number of cases compounded (settled by the Forest Department accepting a fine) versus cases referred to a civil court or to the Revenue Department
• Whether any encroached land has been regularised by government order or under any scheme, and if so, under what legal authority

Forest Rights Claims under FRA 2006

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 gives Scheduled Tribe and other traditional forest-dwelling households the right to individual forest rights (IFR) over land in occupation since before 13 December 2005, and to community forest rights (CFR) over customary-use areas.

RTI can obtain from the DFO or from the District Collector (who chairs the District Level Committee):

• The total number of IFR and CFR claims filed for a specific village, and the stage-wise status (Gram Sabha, Sub-Divisional Level Committee, District Level Committee)
• Written grounds for rejection of any claim — under Section 6(6) of FRA 2006, rejection must be in writing with reasons; RTI can expose pattern rejections where no genuine grounds are stated
• The name and designation of the Forest Officer who participated in the claims verification process for a specific village — important where forest officials are suspected of obstructing recognition
• Whether rejected claimants were given an opportunity to make representations before rejection, as required by FRA rules

Compensatory Afforestation Fund (CAMPA) Utilisation

Every forest diversion approved under the Forest Conservation Act, 1980 generates a CAMPA levy deposited by the user agency. These funds are released to state Forest Departments for afforestation, wildlife protection, and eco-restoration. The Compensatory Afforestation Fund Act, 2016 requires transparent fund utilisation and annual plans.

RTI can obtain from the DFO's office or the PCCF's office:

• Total CAMPA funds received by a division or the state in a given financial year
• Work-wise plantation expenditure — with plantation block name, compartment/survey number, area in hectares, species planted, contractor or agency name, bid amount, amount sanctioned, amount released, physical progress, and whether a utilisation certificate has been issued
• Survival assessment inspection reports — the post-planting field inspections that determine whether planted trees survived, including inspector name, date of inspection, survival percentage, and whether corrective replanting was ordered
• Whether any CAMPA plantation work was cancelled or diverted after sanction, and the reasons recorded

This information is particularly valuable in Sonbhadra, Mirzapur, and the Terai divisions, where large CAMPA funds are generated by mining and infrastructure diversions and where plantation work quality has been questioned by civil society organisations and judicial monitoring committees.

Van Panchayat Records and Audit Reports

Van Panchayats are the most grassroots layer of community forest governance. Their annual income and expenditure accounts and audit reports are held by the Range Officer and DFO.

RTI can obtain:

• Annual income and expenditure accounts of a van panchayat: total receipts from royalties (timber, grass, tendu, minor produce), government grants received, expenditure on protection, plantation, and other heads
• Audit reports for specified years — showing whether accounts were maintained correctly and whether any irregularities were flagged
• Distribution records: how royalty or produce sale proceeds were distributed among member households — a frequent source of complaint where proceeds are captured by van panchayat office-bearers
• Any show-cause notices, orders, or proceedings initiated by the Forest Department against a van panchayat for mismanagement or irregularity

Social Forestry Scheme Data

Social forestry plantations in UP are implemented through the Forest Department with central and state scheme funds. RTI can obtain from the DFO or the social forestry circle:

• Area sanctioned and planted in a district for a financial year, broken down to block or village level
• Species composition of plantations and the basis for species selection
• Funds allocated and expenditure incurred, including the names of executing agencies or contractors
• Survival rate assessments — what percentage of planted saplings survived, who conducted the assessment, and the date
• Beneficiary lists under individual farm forestry or agro-forestry components, where individuals received saplings, fencing support, or other assistance

Timber and Bamboo Auction Records

The Forest Department conducts auctions of timber (trees felled under forest management plans or salvage operations), bamboo, tendu leaves, and other forest produce. These auctions are a significant source of state revenue and are also a source of rent-seeking when conducted without transparency.

RTI can obtain:

• Auction notices for specified lots — the notice issued, the reserve price, the species and quantity on offer, and the date
• Auction proceedings or minutes — the list of bidders, bids received, highest bid, and the name and bid amount of the successful bidder
• The basis for the reserve price — whether a yield survey, a market rate assessment, or a standard schedule was used
• The work order or contract issued to the successful bidder — with timber volume, permissible felling area, and royalty and transit pass conditions
• Whether any auction was cancelled or re-tendered and the reasons recorded, particularly where re-auctioning resulted in a lower final price

Administrative Structure of the UP Van Vibhag

The UP Forest Department is organised as follows:

• Principal Chief Conservator of Forests (PCCF), Lucknow — apex authority; holds state-level policy files, annual plans, CAMPA state-level accounts, and PCCF circulars. The PCCF's office is at Van Bhawan, Lucknow – 226001.
• Additional PCCF / Chief Conservator of Forests (CCF) — functional and territorial heads at the circle level; each circle covers several forest divisions.
• Conservator of Forests (CF) — circle-level supervisory officer; is typically the First Appellate Authority for RTI applications addressed to the DFO.
• Divisional Forest Officer (DFO) — administers a forest division; holds encroachment records, CAMPA divisional accounts, timber auction records, van panchayat records, social forestry scheme data, and FRA 2006 claim records for the division. The DFO's CPIO is the primary addressee for most RTI applications.
• Range Officer (Vanya Jeev Prabhag / Kshetriya Van Adhikari) — administers a range; holds beat-level encroachment records, range-level muster rolls for plantation works, and van panchayat accounts for ranges within the division.

For most RTI applications about specific forest land, encroachments, auctions, or van panchayat records, address the CPIO, Divisional Forest Officer (DFO), Forest Division Name, District, Uttar Pradesh. For state-level policy, consolidated CAMPA accounts, or PCCF circulars, address the CPIO, Office of the PCCF, Van Bhawan, Lucknow – 226001.

How to File RTI with the UP Van Vibhag

Step 1: Identify the Correct DFO Division

Look up which Forest Division covers the area you are concerned with. UP has over 20 territorial forest divisions plus wildlife divisions and social forestry divisions. Common divisions include: Dudhwa (Lakhimpur Kheri), North Kheri, South Kheri, Bahraich, Shravasti, Balrampur, Sonbhadra, Mirzapur, Varanasi, Lucknow, Kanpur, and Agra, among others. The DFO's mailing address is available from the UP Forest Department website or from the local Range Office.

Step 2: File Online or by Post

You can file online at https://rtionline.gov.in — the Central Government RTI portal — which also accepts applications for some state departments where the relevant state authority has opted in. However, for direct and reliable filing with UP state forest authorities, many applicants file by post to the DFO's office with a ₹10 Indian Postal Order drawn in favour of the "Accounts Officer" of the relevant office, or in person with a dated acknowledgement receipt.

Step 3: Use Specific Identifiers

Every RTI concerning forest land should include:

• Forest Division name, Range name, and Beat name
• Compartment number or survey number of the forest land
• Village name, block name, district for FRA claims
• Financial year for CAMPA or plantation queries
• Auction lot number and date for timber auction queries
• Van Panchayat name and village for Van Panchayat records

Specific, record-referenced requests compel specific answers. Vague requests invite vague responses.

Step 4: BPL Fee Exemption

The prescribed fee is ₹10 under the RTI (Regulation of Fee and Cost) Rules, 2005. BPL cardholders are exempt from all fees under Section 7(5) of the RTI Act — attach a self-attested copy of your BPL ration card and state the exemption in the application.

Relevant Legal Framework

The following statutes and RTI provisions govern forest-related information requests in UP:

• Right to Information Act, 2005, Section 2(h) — the UP Forest Department and all its formations are public authorities bound to provide information
• RTI Act, Section 6 — the provision under which you file the application; no reason need be stated
• RTI Act, Section 7(1) — CPIO must respond within 30 days of receipt
• RTI Act, Section 7(1) proviso — information concerning life or liberty must be provided within 48 hours; applicable, for example, where forest rights claimants face imminent eviction from their customary forest land
• RTI Act, Section 7(5) — BPL cardholders are fully exempt from fees
• RTI Act, Section 19(1) — First Appeal to the FAA, within 30 days of the date of decision or expiry of the 30-day response period, whichever is applicable
• RTI Act, Section 19(3) — Second Appeal to the Uttar Pradesh Information Commission (UPIC), within 90 days of the FAA's order
• RTI Act, Section 20 — UPIC may impose a penalty of ₹250 per day (maximum ₹25,000) on the CPIO for unjustified non-disclosure, and may recommend disciplinary action
• Indian Forest Act, 1927 — the principal statute defining Reserved Forest, Protected Forest, encroachment offences (Section 26), and the DFO's powers
• Forest Conservation Act, 1980 — requires Central Government approval for diversion of forest land and generates CAMPA obligations
• Forest Rights Act, 2006 (FRA 2006) — confers individual and community forest rights on STs and OTFDs; claim process through Gram Sabha, SDLC, DLC
• Compensatory Afforestation Fund Act, 2016 — governs CAMPA fund release, utilisation, and monitoring

First Appeal — Section 19(1)

If the CPIO does not respond within 30 days, gives an incomplete or evasive response, or refuses information without lawful justification, file a First Appeal under Section 19(1) of the RTI Act.

Address it to the First Appellate Authority (FAA) designated for the office — typically the Conservator of Forests (CF) of the territorial circle for applications addressed to a DFO, or the Additional PCCF for applications addressed to the PCCF's office. The FAA's designation should appear on the CPIO's response letter or on the office notice board.

File the First Appeal within 30 days of the date of decision or expiry of the 30-day response period, whichever is applicable. No fee is required. Enclose:

• A copy of the original RTI application with proof of filing
• The CPIO's response (if any)
• A clear statement of what information was denied, omitted, or inadequately provided

Second Appeal to the Uttar Pradesh Information Commission

If the First Appeal is not decided within 30 days (45 days in exceptional circumstances), or if the decision is unsatisfactory, file a Second Appeal with the Uttar Pradesh Information Commission (UPIC) under Section 19(3) of the RTI Act, within 90 days of the FAA's order or the date it should have been made.

Important jurisdictional note: The UP Forest Department is a state government authority. All Second Appeals for UP state public authorities go to the UPIC, not to the Central Information Commission (CIC). CIC has jurisdiction only over Central Government bodies. Filing with the CIC would result in the appeal being returned as outside CIC's jurisdiction. UPIC is established under Section 15 of the RTI Act and has exclusive jurisdiction over all UP state public authorities.

Under Section 20 of the RTI Act, the UPIC may:

• Impose a penalty of ₹250 per day for each day of delay or non-compliance, up to a maximum of ₹25,000, recoverable from the CPIO's personal salary
• Recommend departmental disciplinary action against the CPIO
• Direct the public authority to compensate the applicant for any detriment suffered

Practical Tips

1. Obtain compartment/survey numbers before filing. Forest land in UP is divided into compartments in the Working Plan. The compartment number or the survey number of the land in question is the primary identifier. You can often obtain this from the local Range Officer's office or from the revenue village khasra map. Quoting it in your RTI significantly sharpens the response.

2. For FRA claims, address both the DFO and the District Collector. The District Level Committee (DLC) for FRA claims is chaired by the District Collector, not the DFO. The DLC holds the final rejection or acceptance orders. File RTI with both the DFO (who participates in field verification) and the CPIO designated in the District Collector's office for FRA-related records. A pattern of DLC rejections without written reasons can be challenged before the UPIC and before the Scheduled Tribes Commission.

3. For CAMPA, ask for GPS coordinates or compartment maps of plantation sites. Mere expenditure figures without physical location details are insufficient. Ask specifically for the compartment map or GPS coordinates of the plantation block. This allows ground-truthing by citizens or journalists — comparing claimed plantation area and survival rates with physical reality.

4. Quote the auction lot number for timber queries. Timber auctions in UP are conducted by lot number. The auction notice published by the DFO carries this number. Quoting the lot number and the auction date in your RTI eliminates ambiguity and prevents the authority from claiming records cannot be identified.

5. Use the 48-hour proviso for forest eviction threats. If a forest-dwelling family faces imminent eviction from land over which they have filed FRA rights claims, state explicitly in your RTI that the information is required urgently because life and livelihood are at immediate risk — invoking the Section 7(1) proviso for a 48-hour response. This is not merely a procedural device; it places the Forest Department on legal notice that urgency is claimed and triggers a higher accountability threshold.

6. Cross-reference the Forest Survey of India data. The Forest Survey of India (FSI) publishes biennial State of Forest Reports showing forest cover changes at district level. If the FSI data for your district shows a significant reduction in forest cover between two assessment years, this is a starting point for RTI queries about encroachment action taken or forest diversions approved during that period.

7. Build a complete paper trail for the UPIC. UPIC hearings require copies of all prior submissions — RTI application, First Appeal, responses received, and proof of filing each document. Maintain copies of every document sent and received from the time of the original RTI application.