Supreme Court Balances Forest Rights with Conservation Mandates

Directs Ministries to Develop Framework for Housing in Forests

In a landmark judgment, the Supreme Court of India addressed the complex issue of balancing the rights of forest dwellers with the conservation of forest resources. The case, Sugra Adiwasi v. Pathranand, involved a petition by forest dwellers seeking permission to construct pakka dwelling houses within forest lands-a request not covered under the exempted activities of the Forest Rights Act, 2006.

The bench comprising Justices Pamidighantam Sri Narasimha and Atul S. Chandurkar explored the necessity of harmonizing the Forest Rights Act, 2006 with the Forest Conservation Act, 1980. The judgment underscored the importance of providing basic housing to forest dwellers while safeguarding India's national forest resources.

Section 4 of the Forest Rights Act recognizes certain rights of forest dwellers, while Section 3 delineates these rights, offering exemptions under sub-section (2) for specific governmental activities. However, the construction of pakka houses is not among these specified activities. The court emphasized that the Forest Conservation Act should not be seen as prohibitive but rather as a regulatory framework ensuring the sustainable management of forest resources.

The court directed the Ministry of Environment, Forest and Climate Change (MOEF&CC) and the Ministry of Tribal Affairs to conduct detailed consultations to devise a framework for allowing minimal intrusive construction within forests. This framework aims to benefit forest dwellers and ensure compliance with conservation mandates.

The ministries are required to submit an affidavit within four weeks, detailing the scope and method for enabling dwelling construction under the scheme. This initiative marks a significant step towards integrating forest dwellers' rights with environmental conservation, reflecting the court's commitment to sustainable development.

Statutory provision(s): Forest Rights Act, 2006 Sections 3, 4, Forest Conservation Act, 1980

Sugra Adiwasi v. Pathranand, (SC) : Law Finder Doc Id # 2793077