Section 17 in The Himachal Pradesh Forest (Settlement) Rules 1965, As Amended By First Amendment Rules 1975
17.
Rights are those claims which are supported by documentary evidence such as Sanod, Patta or an entry into the official-record. He will be treates as Concessions. Concessions are terminable as and when necessary by the Government. While dealing with the claims made, it will be found that they will be one or other of the following kinds.A claim to whole land itself, or (more likely) one or more plots of land within the proposed forest. In such a case, the claim likely to be put forward is to the ownership of the land itself or some part of it. If the claim should affect the whole of the proposed forest greater part of it, it would follow that the proposal to create forest under the Act could not be carried out; the proceedings would then be closed, on decision going in favour of the claimant, unless indeed it some special case in which the Forest is on public ground, so desirable, that Government will be justified in declaring public utility and proceeding to acquire the estate under the Land Acquisition Act.In such a case the Forest Settlement Officer will send his report to the Chief Conservator of Forests informing him that on the ground mentioned in his decision it is not possible to constitute a forest estate of the block.Generally what happens is that one (or many plots) inside the forest block are either claimed under proprietary right or tenancy right or as Chargaha earmarked for the village cattle. If the claim is allowed then either:(1)it will be bought out by consent or acquired under the Land Acquisition Act, if the Divisional Forest Officer makes a move that it would be in the interest of Forest Conservator to do so, or(2)will be exchanged for some other suitable piece of land, or(3)will be excluded from the forest boundary, if this can conveniently be done, or(4)will be 1st alone in such a case the plot or plots would be shown by interior lines both on the map as well as on the spot.Sometimes, small plots are cleared and cultivation established without proper authority. If the case is shown to be one of unauthorised clearing or a case of equatting with no equitable title, the claim would be disallowed.Claims to a right of the class which does not involve taking produce from the estate e.g. a right of way, Cattle-drive, a right to have water course (canal out or drain channel) across the land, a right to have assess to or use of water such as spring for house-hold purpose or cattle watering or to worship at a temple and to hold Mela within the forest limit as these being mostly, 'Necessary Rights, their record and description is all that is possible and needful.In case of right of way, it should be specially recorded whether it is for a private person ora whole village or people at large. It will also be desirable to specify whether it is a way for passage of human beings for driving cattle, or for taking cart along; and in such case it may be desirable to record the width of the way allowed.In case of right to water course or drainage, particulars (in case of a canal or ditch) such as regards access for purpose of clearing, or deposit of the silt cleared out or the like; as well as the width of channel and its necessary margin or bank space should be recorded.In case of right to use water where a spring or pool in the forest is main place which neighbouring cattle can get water at, or at which house-hold water can be obtained, should be recorded as a right of necessity. As for as possible; if such places are near the edge of the forest, they may be excluded from proposed forest by altering its boundary unless these are the only places where wild animals come to drink water which necessitates the unclusion of such spots in the forest boundary for the purpose of saving the wild life from destruction.Claims to right of worship and right to holding mela are of necessity and should be recognised as such. In case of right of holding mela, the dates and the places should be specified.A claim to practice of shifting cultivation.The procedure provided under section 10 is in detail and should be followed.Rights in the nature of the easement or otherwise which involve taking some produce or part of the estate e.g. to dig clay, lime stone, to cut turf or code, to burn lime or charcoal, to extract chilgoza to cut grass, to pasture cattle, to cut wood and in fact very class of the well-known forest rights or easements may be of the following forms: -
