The Chhattisgarh High Court recently dismissed a petition challenging the cancellation of Community Forest Rights (CFRs) granted to villagers in Ghatbarra, Hasdeo Arand forest, an area earmarked for coal mining by Adani Enterprises.
Background of the Case
- Dispute Origin: The District-Level Committee (DLC) revoked CFR titles in 2016, noting that the area had already been cleared for mining by the Ministry of Environment, Forest and Climate Change (MoEFCC) in 2012.
- Petitioners’ Argument: Villagers, represented by Hasdeo Arand Bachao Sangharsh Samiti, contended that the Forest Rights Act (FRA), 2006 has no provision for revocation, and they were not given a proper hearing.
- Court’s Decision: The High Court upheld the state’s action, describing the 2013 CFR grant as a “mistake” that was void ab initio and thus legally cancellable.
Key Judicial Findings
- Legality of Revocation: FRA does not explicitly allow cancellation, but erroneous grants can be rectified.
- Prior Environmental Clearance Prevails: 2012 mining approval supersedes later CFR grants.
- State Control Over Minerals: FRA does not interfere with the State’s ownership of subsurface minerals.
- Locus Standi: Petitioners lost standing after the Forest Rights Committee withdrew, leaving no authorised village representation.
- Suppression of Facts: Earlier land acquisition challenges were dismissed; non-disclosure of such facts affected credibility.
About the Forest Rights Act (FRA), 2006
- Purpose: Correct historical injustices against forest-dwelling communities deprived of land during colonial rule.
- Beneficiaries: Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs) living in and depending on forests.
- Scope: Recognises individual and community rights over land, minor forest produce, habitation, and cultivation.
- Governance: Gram Sabhas are empowered as the primary authority for recognising and managing forest rights, ensuring local self-rule.
- Integration: Complements the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA).
FRA FOREST RIGHTS ACT
- Individual & Community Rights: Legal recognition for cultivation, residence, and use of minor forest produce.
- CFR Rights: Enables Gram Sabhas to manage and protect community forests.
- Habitat Rights: Safeguards Particularly Vulnerable Tribal Groups (PVTGs).
- Decision-making Structure: Rights adjudicated through Gram Sabha → Sub-Divisional Committee → District-Level Committee.
- Development & Eviction Safeguards: Limited Forest diversion allowed with Gram Sabha consent; eviction prohibited until claims are verified.
- Decentralisation: Empowers Gram Sabha as final authority for forest governance and conservation.
This topic is available in detail on our main website.
