Right to possess forest land not limited to SC/ST, adivasis: SC

The Supreme Court of India, in a recent ruling, emphasized that the right to own forest land should not be limited to Adivasis and other recognized forest-dwelling communities.

The court, composed of Justices Krishna Murari and Justice Ahsanuddin Amanullah, stressed that forest communities are not only made up of specific communities but also include various other groups residing in those areas.

The court stated that the right to enjoy possession of land under Section 4 of the Forestry Act should be determined based on proof of original residence and possession, rather than being restricted to particular communities. They questioned how the right to be heard in land claims could be limited when the right to inhabit those lands is not limited to specific communities.

The case revolves around the bhoomidars (landlords) of disputed land in the Guddar area of South Kashmir, Kulgam district. The appellants, who have been in possession of the land since a permanent lease was signed in their favour in 1952, challenged the eviction campaign launched by the forestry department after part of the land was declared reserved forest.

To address the claims of local people, the Supreme Court formed a high-powered committee in 1986, made up of a retired Superior Court judge and two officials. The committee was charged with adjudicating the claims to the disputed land, with the subsequent hearing of the claims assigned to the Forest Settlements Officer.

After considering the representations of both parties, the forest settlement officer concluded that the appellants had a legitimate claim to the land, as they had been in possession of it even before 1385 Fasli (approximately 1975 CE). However, the forestry department filed a written petition in the Allahabad High Court, seeking the eviction of the appellants. Subsequently, the High Court ordered their eviction.

The Supreme Court, in its analysis, addressed two fundamental issues. In the first place, it clarified that the protection granted in the judgment of Banwasi Seva Ashram v. State of Uttar Pradesh in 1986, which recognized the right of forest dwellers to have their grievances heard, is not restricted to SC/ST/other backward communities. The Court highlighted that the sentence grants a procedural right to be heard by the competent authority, with the aim of guaranteeing justice to all plaintiffs.

The Court further noted that forest communities encompass not only recognized backward and adivasi communities but also other groups residing in forest areas. These groups, despite not receiving official recognition, play an integral role in forest communities. The Court emphasized that the right to be heard must extend to all claimants, regardless of their community origin, while the decision on possession must be based on legitimate claims.

The Supreme Court ruling annuls the eviction order of the High Court, affirming the right of forest dwellers to have their claims heard by the competent authorities. This decision is expected to have significant implications for forest communities across the country.

For more information and detailed information on this ruling, interested readers may refer to the official Supreme Court ruling of Hari Prakash Shukla & Others Vs Prakhar Mishra & Others, as well as related sources such as Banwasi Seva Ashram vs. State of Uttar Pradesh. and the relevant section of the Forest Law.

The Supreme Court decision underscores the need to protect the rights of forest dwellers and ensure that their voices are heard in matters related to land possession and eviction. It emphasizes the importance of a fair and inclusive process that considers all legitimate claims, contributing to the overall well-being and harmony of forest communities in India.

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