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Forest dwellers eviction: Centre moves Supreme Court to stay its order

Published

8 years ago

February 27, 2019

[vc_row][vc_column][vc_column_text]Accepting Centre’s appeal for urgent listing of its plea seeking a stay on its order to evict nearly 12 lakh forest dwellers whose claims under the Forests Rights Act had been rejected, the Supreme Court today (Wednesday, Feb 27) agreed to hear the matter on Thursday.

On February 13, the Supreme Court had ordered the eviction of over 11 lakh families of forest dwellers whose claims to forestland under the Forest Rights Act, 2006 had been rejected by respective state governments. The court has given the States time until July 24 to complete the eviction process.

The order came on a clutch of PILs filed in 2008 by various organizations like the Bombay Natural History Society and the Wildlife First which claimed to represent the interests of wildlife and of nature. The petitioners had challenged the constitutionality of the Forest Rights Act (FRA) and had, in 2014, sought identification of illegal forest dwellers.

The Centre’s decision to challenge the order came after the SC order delivered on February 13 by a bench of Justices Mishra, Sinha and Indira Banerjee triggered a political uproar.

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Congress president Rahul Gandhi had, last week, written to chief ministers of Congress-ruled States which were to be affected by the verdict – Madhya Pradesh, Chhattisgarh and Rajasthan – and asked them to move the apex court seeking review of the order. Soon after, chief ministers of some BJP ruled States, Assam in particular, had also decided to seek a stay of the order.

The Centre’s belated move to challenge the eviction order perhaps stems from the realisation that its failure to do so could attract a heavy electoral price in the upcoming Lok Sabha polls, despite the renewed public euphoria in favour of Prime Minister Narendra Modi and his BJP in wake of the Indian Air Force’s daring strikes at Jaish terror camps in Balakot, Pakistan, on February 26, in response to the Feb 14 terror attack in Pulwama, Jammu & Kashmir.

India Legal reported that with the Congress president drawing first blood on the issue of the court-ordered eviction of tribals and traditional forest dwellers by promptly asking his party’s chief ministers to challenge the move, the BJP felt it could see a reprisal of protests similar to the ones that had broken out across the country last year when the top court diluted the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The top court’s verdict that diluted the Atrocities Act was nullified by the Modi government through an amendment to the Act hurriedly brought to and passed by the Parliament. The amendment is now under challenge in the Supreme Court which is set to hear the petitions against it for three days starting March 26. The apex court’s decision to dilute the Atrocities Act was attributed by the Opposition to the fact that the Centre had not taken the case seriously in the first place and hadn’t deployed its senior-most law officer, Attorney General KK Venugopal, to argue in defence of the strident provisions of the law

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With general elections less than two months away, the Centre cannot allow the Congress-led Opposition to fan already gaining public sentiment about the BJP-led NDA coalition being anti-poor.

Not surprisingly, soon after Gandhi asked Congress chief ministers Kamal Nath, Bhupesh Baghel and Ashok Gehlot to move the top court seeking review of the eviction order, the Vanvasi Kalyan Ashram, an affiliate of the BJP’s parent organization, the Rashtriya Swayamsevak Sangh (RSS), had issued a statement saying the Modi government must either bring an ordinance to undo the SC order or seek its review. The Vanvasi Kalyan Ashram is among the RSS-affiliates that has, for decades, been working among tribals and forest dwellers – a traditional Congress voter base – and trying to bring this significant electoral block, with evident success, into the BJP’s fold.

The Centre’s plea:

The application filed by Union Ministry for Tribal Affairs claimed that the top court should suspend its order and ask the state governments to submit details of rejection of claims by forest dwelling Scheduled Tribes (FDSTs) and other traditional forest dwellers (OTFDs).

It pointed out that the court issued its order of eviction on February 13 based on the data adduced by the state governments regarding rejection of the claims by the forest dwellers.

“However, the said data did not provide the details of rejection,” stated the plea, adding it has come to light that the claims of FDSTs and OTFDs were rejected in a summary manner where no due opportunity is provided to the claimants.

“It is uncertain whether the data furnished by the state governments accurately indicates whether the rejection orders were passed after observance of due process of law; compliance with principles of natural justice and whether appeal mechanisms have been properly exhausted. Without such information and compliance with the mandate of law in letter and spirit, the eviction of such tribal, would amount to serious miscarriage of Justice,” said the ministry.

It maintained that the forest dwellers and tribals are extremely poor and illiterate people and not well informed of their rights and procedure under the Act.

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“They live in remote and inaccessible areas of the forest. It is difficult for them to substantiate their claims before the competent authorities,” stated the plea, adding the FRA is a beneficial piece of legislation and deserves to be construed liberally in favour of the forest dwellers.

The ministry has therefore requested the bench to consider modifying its order of February 13 and direct the state governments to file detailed affidavits regarding the procedure followed and details of the rejection of claims

“And till then the eviction of tribal may be withheld. The eviction of tribal, without such information would cause serious prejudice to such tribal who have been residing in forests for generation,” pleaded the application.

The court order on February 13 had come on a petition, demanding that all those whose claims over traditional forestlands are rejected under the law should be evicted by state governments as a consequence.

In January 2016, the court had directed the state governments to furnish data regarding number of claims rejected and the action taken after the rejection of claim.

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Subsequently, reports submitted by the state governments showed that more than 11 lakh claims were rejected, and the bench ordered the authorities to act in accordance with the law after rejection of their claims. The statistics, however, did not clarify whether each claim connote one person or a member of the family or something other.

The state-wise break up of the number of forest dwellers to be evicted as per the Supreme Court order is as follows:

Andhra Pradesh: Claims rejected: 66,351

Assam: Claims rejected: 27,534

Bihar: Claims rejected: 4,354

Chhattisgarh: Claims rejected: 20,095

Goa: Total number of claims pending adjudication by the state government: 10,130

Gujarat: Total number of claims pending adjudication by the state government: 1,82,869

Himachal Pradesh: Total number of claims pending adjudication by the state government: 2,223

Jharkhand: Claims rejected: 28,107

Karnataka : Claims rejected: 1,76,540

Kerala: Claims rejected: 894

Madhya Pradesh: Claims rejected: 3,54,787

Maharashtra: Claims rejected: 22,509

Odisha: Claims rejected: 1,48,870

Rajasthan: Claims rejected: 37,069

Tamil Nadu: Claims rejected: 9029

Telangana: Claims rejected: 82,075

Tripura: Claims rejected: 68,257

Uttarakhand: Claims rejected: 46

Uttar Pradesh: Claims rejected: 58,661

West Bengal: Claims rejected: 86,144

Total number of tribals and traditional forest dwellers at risk of eviction:

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Yogi Adityanath takes a dig at Akhilesh Yadav over Ram Temple visit plan

Yogi Adityanath’s remarks came after the Samajwadi Party announced that Akhilesh Yadav would visit the Ram Temple in Ayodhya on December 12.

Published

6 hours ago

November 7, 2026

APNLive Desk

Uttar Pradesh Chief Minister Yogi Adityanath on Saturday took an apparent swipe at Samajwadi Party chief Akhilesh Yadav over his planned visit to the Ram Temple in Ayodhya, saying those who had fired on Ram devotees should first apologise to them and to the saints.

Yogi made the remarks while addressing the 10th edition of Deepotsav in Ayodhya. He did not name Akhilesh Yadav directly.

Yogi’s remarks come after Akhilesh’s Ayodhya visit plan

The chief minister’s comments came after the Samajwadi Party announced that Akhilesh Yadav would visit the Ram Temple in Ayodhya on December 12. It would be his first visit to the temple since its inauguration, according to the report.

Yogi said those who had earlier neglected and insulted Ayodhya, opened fire on Ram devotees and subjected saints to lathicharge should come to the city only after seeking forgiveness.

“Let them apologise to the devotees of Lord Ram; let them apologise to the saints,” Yogi said, adding that they should repent for their past actions.

Reference to 1990 firing on kar sevaks

Yogi’s remarks referred to the 1990 police firing on kar sevaks during the Ram Janmabhoomi movement. At the time, the Uttar Pradesh government was headed by Mulayam Singh Yadav, Akhilesh Yadav’s father.

The chief minister said those who had once “bloodied” Ayodhya were now remembering the city. He also criticised political leaders over their conduct at religious gatherings, referring to the decorum of a katha.

Akhilesh has not yet visited the Ram Temple

Akhilesh Yadav has visited Ayodhya earlier but has not so far visited the Ram Temple. The SP leader was in the city on October 8 to attend a Bhagwat Katha organised by party leader Pawan Pandey.

According to the report, Akhilesh and his wife, Mainpuri MP Dimple Yadav, are scheduled to offer prayers at the Ram Temple and Hanumangarhi on December 12.

The planned visit comes amid political activity in Ayodhya ahead of the Uttar Pradesh Assembly elections due by February 2027.

Yogi highlights Ayodhya’s transformation

During his Deepotsav address, Yogi also spoke about the changes in Ayodhya and described the city’s transformation as an ideological victory.

He said those who had previously neglected Ayodhya were now witnessing its development. He also said Lord Ram represented India’s national consciousness, culture, values and self-respect.

The chief minister further recalled the Ram Janmabhoomi movement and said Ayodhya had regained the glory for which kar sevaks and saints had struggled.

India News

Ahead of Diwali, Yogi govt hikes DA by 5% for UP government staff

The Uttar Pradesh government has increased Dearness Allowance by 5 percentage points, taking it from 58% to 63%. The revised rate will benefit lakhs of eligible employees ahead of Diwali.

Published

7 hours ago

November 7, 2026

APNLive Desk

The Uttar Pradesh government has announced a 5 per cent increase in Dearness Allowance (DA) for state government employees ahead of Diwali. With this revision, the DA rate has increased from 58 per cent to 63 per cent, providing financial relief to lakhs of eligible employees across the state.

The revised allowance will be effective from July 1, 2026, according to the government announcement. A government order was also issued on Saturday, November 7.

The enhanced DA will be paid along with employees’ regular November 2026 salaries.

Which employees will benefit from the DA hike?

The decision covers regular state government employees and several other categories of eligible staff.

These include employees of aided educational and technical institutions, regular and full-time employees of urban local bodies, work-charged employees and personnel drawing salaries under University Grants Commission (UGC) pay scales.

The revision is expected to benefit a large section of the Uttar Pradesh workforce ahead of the festive season.

What happens to the DA arrears?

The revised DA rate will apply retrospectively from July 1, 2026. Consequently, employees will also be entitled to arrears for the period preceding the November salary payment.

The government has made provisions for the payment of the arrears for July to October 2026. These amounts will be credited to employees’ provident fund accounts, according to the reported payment arrangements.

The enhanced allowance for November will be reflected in the regular salary for that month.

The decision comes ahead of Diwali and will provide additional financial relief to eligible government employees in Uttar Pradesh.

India News

Himanta Sarma to approach court over threat to gherao home in Zubeen case

Assam Chief Minister Himanta Biswa Sarma said his government would approach the Supreme Court and Gauhati High Court over a threat to gherao his residence if two prime accused in the Zubeen Garg death case are granted bail.

Published

9 hours ago

November 7, 2026

APNLive Desk

Assam Chief Minister Himanta Biswa Sarma on Friday said the state government would bring before the Supreme Court and Gauhati High Court a threat by a group to gherao his residence in connection with the Zubeen Garg death case.

Speaking to reporters, Sarma described the threat as a serious matter, saying it posed a danger to his family and could amount to a direct attempt to murder.

The development comes ahead of the Supreme Court hearing on November 30 of the bail petitions filed by Shyamkanu Mahanta and Siddhartha Sharma, the two prime accused in the case.

Why Himanta Sarma plans to approach the courts

Sarma said he had instructed the state government’s legal department to bring the matter to the notice of both the Supreme Court and Gauhati High Court.

The Chief Minister objected to the group threatening to target his residence rather than holding a protest near the Chief Minister’s Office.

He said those questioning the judicial process should approach the Supreme Court or the high court instead of targeting him. Sarma also maintained that the courts should be allowed to carry out their work.

According to him, attempts to question the judicial process in this manner could obstruct the path of justice.

What the group said about the bail pleas

The Zubeen Garg Nyay Samiti, led by Raijor Dal MLA Akhil Gogoi, had announced on Thursday that it would gherao the Chief Minister’s residence under certain circumstances.

The group said it would carry out the protest if Shyamkanu Mahanta and Siddhartha Sharma were granted bail or if the Assam government failed to mount an effective legal opposition to their bail pleas.

The Supreme Court is scheduled to hear the bail petitions of the two accused on November 30.

Bail granted to two accused in the case

The Gauhati High Court granted bail to singer Amritprava Mahanta, an accused in the Zubeen Garg death case, on October 9. She was granted bail against a bond of Rs 50,000 and two sureties of the same amount.

The high court has also granted bail to Sandipan Garg in the case.

Referring to the bail order concerning Amritprava Mahanta, Sarma said it mentioned that 160 witnesses had not named her during the court hearing, despite having done so during the investigation conducted by the Special Investigation Team (SIT).

Responding to questions over the development, Sarma said the witnesses should be questioned about the discrepancy rather than him.

What happened to Zubeen Garg?

Singer Zubeen Garg died in Singapore on September 19 last year while swimming in the sea.

Police in Singapore had said that no foul play was involved in his death. Garg had travelled to Singapore to attend the fourth edition of the North East India Festival (NEIF).