Supreme Court Upholds Right to Forest Land for All, Not Limited to Adivasis and Notified Forest-Dwellers
In a significant ruling, the Supreme Court declared that the right to possess land in notified reserved forests is not exclusive to Adivasis, notified forest-dwellers, or backward communities. The court emphasized that individuals with legitimate claims, regardless of their community background, have the right to possess forest land. Justices Krishna Murari and Ahsanuddin Amanullah highlighted the importance of considering objections from all individuals before carrying out evictions, emphasizing that even those outside the recognized communities have the right to be heard.
The court clarified that forest communities comprise not only recognized Adivasi and backward communities but also other groups residing on forest land. It acknowledged that these groups, who may lack legal recognition due to various socio-political and economic reasons, play an integral role in forest communities' functioning. The court also recognized that ancestral ties to forest dwelling may exist but can be challenging to prove due to a lack of documentation.
This ruling was made while allowing an appeal against a 2013 Allahabad High Court decision that effectively permitted the eviction of individuals claiming to be landowners of forest land. The Supreme Court criticized the High Court for re-evaluating evidence, reiterating that higher courts should generally not reassess evidence unless there are perverse findings, which was not the case in this matter. Consequently, the Supreme Court set aside the High Court order.
The appellants were represented by Advocate Anil Kaushik, while the respondents were represented by Senior Advocate SR Singh, assisted by advocate Kamlendra Mishra.
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TAGS: Supreme Court right to possess forest land Adivasis notified forest-dwellers legitimate claims evicted objections Forest Department non-restricted communities right to be heard forest communities socio-political reasons economic reasons ancestral forest dwellers Allahabad High Court eviction landowners re-appreciating evidence Supreme Court order Advocate Anil Kaushik Senior Advocate SR Singh Kamlendra Mishra.
