SC suspends its order on eviction of 11.8 lakh tribals from forest land

Satya Prakash

Tribune News Service

New Delhi, February 28

The Supreme Court on Thursday suspended for four months its order directing 21 states to evict nearly 11.8 lakh forest dwellers, mostly tribals, whose claims over the forest land had been rejected.

A Bench headed by Justice Arun Mishra stayed the order for eviction of tribals after Solicitor General Tushar Mehta submitted that forest dwellers were extremely poor and illiterate, and it was difficult for them to substantiate their claims before the competent authorities.

“States haven’t been following the procedure. In some cases, one-line orders are being passed,” Mehta said.

The top court asked states to submit details of the process adopted in rejection of claims under the Forests Rights Act.

The states have to submit details in four months, and until then the implementation of February 13 order would remain stayed, the Bench said.

In its application seeking modification of the Court’s February 13 order, the Ministry of Tribal Affairs has sought a stay on the order in the interest of forest-dwelling Scheduled Tribes and other traditional forest dwellers in 16 states.

Forest dwelling tribals and protection of environment had symbiotic relationship, Mehta said.

While agreeing to examine if the state governments followed the due process under the Forest Rights Act in deciding forest dwellers’ claims, the Bench wondered if the Ministry was in a slumber when the order was passed.

“Were you in a slumber? Where were you when we passed this order? Go in a slumber, let the court pass its order and then come back for modification,” it commented.

While giving four months to states to collate data and file detailed affidavits explaining processes followed in deciding claims and grant of ‘pattas’, the Bench said forest land should not remain encroached by undeserving people.

It also sought a timeline to evict those not entitled to occupy forest land and fixed July 10 for further hearing.

The Centre had on Wednesday moved the Supreme Court requesting it to modify its order directing 21 states to evict nearly 11.8 lakh forest dwellers.