NEW DELHI: The bone of contention between wildlife and tribal lobbies could now turn into a headache for project developers, especially mining and power sectors.

The Congress general secretary Kishore Chandra Deo has pointed out to PM Manmohan Singh that the diversion of forest land for industrial and infrastructural projects before the implementation of Forest Rights Act (FRA) was illegal. Deo, who has been pitching for the FRA in the face of inhouse resistance, has noted that UPA's celebrated pro-tribal law stops the government from removing the forest dwellers till their claims for land rights were settled.

The 2006 Act is meant to legally recognize the rights of dwellers who have been traditionally living in the forests but without any legal right to the land. The process for dwellers to file claims for land rights and a verification by the state is in early stages and could take upto six months to be clinched across the country.

What has irked Deo, AICC leader and MP from a tribal constituency of Andhra Pradesh, is that land was being acquired by states for industrial projects pending the settlement of land rights under Forest Rights Act. Approached by TOI, Deo said, "The objective of the law was to relocate only after their claims were settled. The PM has acknowledged the letter and forwarded it to environment and forest ministry."

The diversion of forest land for development and private projects is carriedout under Forest Conservation Act, 1980, which does not require the government to consider the existing occupants' rights while transferring lands.

But Deo has argued that with the FRA coming into play, the circumstances have changed. In his letter, he has pointed out, "It is unfortunate that both the courts and the government are flagrantly flouting the provisions of (forest rights) law." He has also noted that even the community forest lands cannot be taken over till claims of 'gram sabhas' are settled. The FRA also provides for gram sabhas to claim community rights over their traditional forests.

If the central government accepts Deo's argument, then the mining and power sectors requiring land would be left to negotiate with 'gram sabhas' instead of the Union environment and forest ministry. With hydropower and mining projects requiring large tracts of forest lands, a strict implementation of the Act, a la Deo, could put all forest clearances on hold till the land rights were settled.