The Supreme Court of India has ruled that the right to possess land in notified reserved forests is not limited to Adivasis notified forest-dwellers, or backward communities alone. The court emphasized that anyone with legitimate claims has the right to possess forest lands and should be heard before eviction.
A bench of Justices Krishna Murari and Ahsanuddin Amanullah stated that even individuals not belonging to recognized communities have the right to be heard and have their objections considered by the Forest Department before eviction from forest lands.
The court highlighted that forest communities consist not only of recognized Adivasi and backward communities but also other groups residing on forest land. These groups, although not officially recognized as forest-dwelling communities due to various socio-political and economic reasons, are integral to the functioning of forest communities. The court also acknowledged that there may be cases where people have ancestral ties to forest dwellings but lack documentation to prove their claims.
The Supreme Court's decision came in response to an appeal against a 2013 Allahabad High Court order that allowed the eviction of certain individuals claiming to be landowners of forest land in Uttar Pradesh. The high court had ruled in favour of the Forest Department, which argued that the settlers did not have title rights and were residing on temporary leases.
The apex court held that the high court had erred in re-evaluating the evidence and set aside its order. It stated that high courts should not re-examine evidence unless there are perverse findings, which was not the case in this matter.
The Supreme Court's ruling affirms the rights of individuals who possess forest lands and underscores the need for a fair and inclusive approach when dealing with claims to forest lands. It recognizes that the right to possess forest lands extends beyond specific communities and emphasizes the importance of considering the circumstances of each case before making eviction decisions.
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