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Reprieve to forest dwellers and tribals as Supreme Court stays its eviction order

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7 years ago

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Tribals FRA

[vc_row][vc_column][vc_column_text]Granting a respite to nearly 12 lakh tribals and forest dwellers, the Supreme Court today (Thursday, Feb 28) put on hold its February 13 order directing the eviction of all those whose claims for forest land rights have been rejected under the Forest Rights Act (FRA) of 2006.

The Bench of Justices Arun Mishra, Navin Sinha, and MR Shah, however, said “the mighty and the undeserving” who have encroached on forest lands would be shown no mercy.

The Bench acknowledged the need to further delve into whether due process was followed by gram sabhas and States’ authorities under the FRA before the claims for forest rights of forest-dwelling Scheduled Tribes (FDST) and other traditional forest dwellers (OTFD) were finally rejected.

It directed the states to submit affidavits detailing the procedure adopted to assess the claims under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The affidavits must also provide details of the authorities that decided these claims.

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When the hearing commenced today, Justice Arun Mishra asked Solicitor General Tushar Mehta why the Centre was “caught in a slumber” and approached the Court only now, when the previous order in the case was passed in 2016.

Mehta, accepting that there is no explanation for the same, submitted that the Act only talks about the process for assessing claims and does not provide for eviction.

It was also submitted by the Centre, through Mehta, that the main challenge is to the Constitutional validity of the Act and it affects a large number of forest dwellers.

The February 13 order of the Supreme Court causes serious prejudice to the lives of the forest dwellers, Mehta submitted before the Court. At this point, Justice Arun Mishra asked the parties,

“Are these people (living in the forest) all tribals or normal people living there.”

Nearly 12 lakh ST and OTFDs across 16 States faced the brunt of the apex court’s order of eviction on February 13.

The apex court has now given the States four months’ time to file affidavits responding to allegations that there was a high rate of rejection of claims, non-communication of rejection orders, unrealistic timelines in deciding claims, irregular holding of State Level Monitoring Committee meetings, lack of support from the district administrations concerned in providing revenue or forest maps, rejection of claims despite incomplete or insufficient evidence, etc. In fact, the court wants to know whether tribals and OTFDs were ousted from forest lands on the basis of sketchy, incomplete information and data.

The order came on an application by the Centre to modify the February 13 order. The government, represented by Solicitor General Tushar Mehta, submitted the order has affected a “large number of families”. The Centre said the States should first file proper affidavits on the procedure followed in the verification of forest rights claims before any such eviction.

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“The eviction of the tribals may be withheld… the eviction of tribals, without such information, would cause serious prejudice to them who have been residing in forests for generations… Many are poor and illiterate,” Mehta submitted.

To this, initially, Justice Mishra asked whether the Centre was in a “slumber for the past three years”. Justice Mishra observed that the February 13 order was only a follow-up of the court’s order on January 29, 2016, which had also directed the eviction of encroachers into forest lands.

The court asked why there were no mechanism in place in the States or in the Centre to review the rejection orders.

Senior advocate Shyam Divan, for petitioner NGO Wildlife First, countered that lakhs of genuine claims were honoured under the FRA. He showed the MoTA’s data up to November 2018 that 42,24,951 claims from individuals and communities were received till November 30 last year. Of this, 18,94,225 titles were distributed while 19,39,231 claims were rejected. The ministry data, collated from inputs supplied by the States, show that titles were distributed to 44.83% of the number of claims received.

To this, Justice Mishra said “are they (rejected claimants) really tribals or normal people encroaching on forest lands?”

Justice Sinha said the Rules under the 2006 Act comprehensively cover every stage of the process of verification of claims and the provisions were self-explanatory.

“This is a human problem more than a legal problem,” Mehta responded.

“Encroaching forest lands is a serious problem,” Justice Shah said.

“But forests and tribals are to co-exist,” the Solicitor-General responded.

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The Centre argued that the 2006 Act is a beneficial legislation which should be liberally construed in favour of the poor.

Arguing for Wildlife First, Shyam Divan told the Court that bona fide forest dwellers will not be affected by the Court’s order. He submitted, “The people who have been granted pattas by the authorities will not be affected by the Court’s order at all.”

Mehta at this juncture termed this a “human problem” and went on to claim that forest conservation and protection of rights of forest dwellers have always coexisted, the world over. Continuing his submissions, Mehta argued that the Forest Rights Act only deals with the process of assessment of claims and does not touch upon the point of eviction saying that the “limited scope of the Act is to recognize the rights or not.”

On the point of assessment of claims, senior advocate Colin Gonsalves told the Court that most of the claims under the Act have been rejected by the authorities to which Justice Mishra observed that lack of proper documentation might make it difficult for the Tribals to prove their right over the land.

After hearing the submissions from parties, the Court stayed the implementation of its previous order.[/vc_column_text][/vc_column][/vc_row]

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Omar Abdullah hits back at BJP over Rs 100 crore legal notice, says party is hiding behind court

Omar Abdullah has responded to the BJP’s Rs 100 crore legal notice, accusing the party of avoiding political debate and announcing legal action against BJP leaders.

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5 hours ago

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July 13, 2026

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Jammu and Kashmir Chief Minister Omar Abdullah on Monday responded sharply after receiving a Rs 100 crore legal notice from the Bharatiya Janata Party (BJP), accusing the party of avoiding a political confrontation by taking the matter to court.

The BJP’s notice demands that Abdullah either apologise or provide evidence to support his allegation that BJP leaders had offered between Rs 20 crore and Rs 30 crore to National Conference (NC) legislators to persuade them to switch sides.

Omar Abdullah calls legal notice a ‘love letter’

Speaking to reporters in Srinagar, Abdullah said he had received an electronic copy of the legal notice and described it as a “love letter” from the BJP.

He said he viewed the notice as a sign that the BJP considered him a significant political opponent.

“I am perhaps the only politician who has been bestowed with a ‘love letter’ like this by the BJP. I consider this a mark of respect that I am obviously a political force they cannot ignore,” Abdullah said.

Says BJP chose court over political response

Abdullah criticised the BJP for pursuing legal action instead of responding politically to his allegations.

He said he deliberately made the remarks at a political event rather than in the Assembly, where statements are protected from legal challenge, because he expected a political rebuttal.

According to Abdullah, the BJP’s decision to approach the court reflected its style of handling political disputes.

National Conference to initiate legal action

The Chief Minister also announced that the National Conference would begin issuing legal notices to BJP leaders in Jammu and Kashmir over what he described as unfounded and defamatory allegations against his party.

He said senior BJP leaders had been making slanderous remarks against the National Conference over the past few months and that the party would now respond through legal channels.

Abdullah added that the National Conference would serve legal notices to those leaders and see how the legal process unfolds.

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PM Modi to visit Punjab on July 17, launch railway projects as BJP prepares for solo poll battle

Prime Minister Narendra Modi will visit Punjab on July 17 to inaugurate the redeveloped Jalandhar Cantonment Railway Station and launch key railway projects as the BJP prepares to contest future elections independently in the state.

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5 hours ago

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July 13, 2026

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Prime Minister Narendra Modi will visit Punjab on July 17 to inaugurate and lay the foundation for multiple railway projects, marking his first visit to the state since the Bharatiya Janata Party (BJP) decided to contest future elections independently in Punjab.

During the visit, the Prime Minister will inaugurate the redeveloped Jalandhar Cantonment Railway Station, which has been modernised under the Centre’s Amrit Bharat Station Scheme. The 110-year-old station is among 75 railway stations across the country scheduled to be inaugurated as part of the government’s railway modernisation programme.

The redevelopment aims to improve passenger amenities, enhance station accessibility and transform railway stations into modern transport hubs.

New train service between Jalandhar and Varanasi

Apart from inaugurating the upgraded station, PM Modi will also lay the foundation stone for the Shri Guru Ravidass Ji Maharaj Express, a new train service connecting Jalandhar and Varanasi.

Named after Guru Ravidass Ji Maharaj, the train is intended to strengthen connectivity between Punjab and Varanasi, where the revered saint spent a significant part of his life. Guru Ravidass is widely respected for promoting equality and social justice, and his teachings continue to hold special significance in Punjab, particularly among the Scheduled Caste community.

Visit comes amid changing political landscape

The Prime Minister’s visit comes at a time when political activity has intensified in Punjab ahead of the upcoming Assembly elections.

The BJP recently announced that it would contest future elections in Punjab without entering into alliances, making this visit politically significant as the party seeks to strengthen its independent presence in the state.

Party leaders have projected the visit as development-focused, highlighting infrastructure initiatives and improved connectivity. In social media posts, Punjab BJP leaders welcomed the Prime Minister and described the visit as an important occasion for the state.

Security and preparations underway

Authorities have stepped up preparations for the Prime Minister’s programme in Jalandhar. Security arrangements are being reviewed while logistical preparations at the railway station are underway to ensure the smooth conduct of the visit.

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Rs 1,160 crore rice diversion case widens, 56 mills and 22 ethanol plants under investigation

Authorities have expanded the alleged Rs 1,160 crore government rice diversion investigation, bringing 56 rice mills and 22 ethanol plants under scrutiny over suspected misuse of subsidised rice meant for ethanol production.

Published

6 hours ago

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July 13, 2026

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Government agencies have widened their investigation into an alleged Rs 1,160 crore rice diversion case, bringing 56 private rice mills and 22 ethanol plants across 17 districts under scrutiny. The probe is focused on determining whether subsidised government rice allocated for ethanol production was diverted through private mills instead of being used for its intended purpose.

Investigation expands after truck found at private rice mill

The investigation began after a truck transporting government rice from a Food Corporation of India (FCI) warehouse to an ethanol plant was allegedly found inside a private rice mill. What initially appeared to be an isolated incident has now expanded into a multi-district probe involving 17 seized trucks, over 50 witness statements and multiple accused.

Authorities are trying to establish how much of the nearly 5 lakh metric tonnes of government rice supplied to ethanol plants was actually converted into ethanol and whether a portion of it was diverted before returning to government warehouses.

Alleged circular trade under investigation

Investigators suspect that subsidised rice supplied to ethanol plants at around Rs 2,320 per quintal may have been sold to private rice mill operators at higher prices instead of being processed into ethanol.

According to the investigation, the rice was allegedly repacked by private mills and deposited back into government warehouses as custom-milled rice. Officials are also examining whether the original paddy supplied for milling was sold separately in the open market or transported to other states, potentially allowing multiple profits from the same stock.

Authorities believe the alleged arrangement, if established, could have enabled financial gains at several stages while avoiding actual ethanol production.

Officials examining monitoring failures

The investigation is also looking into whether lapses in monitoring or possible collusion allowed government rice to re-enter official warehouses without proper verification.

Officials are checking whether rice previously released under the ethanol scheme was accepted again as newly milled stock through the custom milling system.

Police register FIR, arrest four accused

Balaghat Superintendent of Police Aditya Mishra said the case began after authorities received information about three trucks carrying government rice from FCI warehouses to the AVJ Agrico ethanol plant. During a joint inspection by Revenue, Food and Police officials, one truck was allegedly found inside Sancheti Rice Mill, leading to the registration of an FIR for cheating.

A Special Investigation Team (SIT) comprising 20 to 25 members was subsequently formed.

According to the police, investigators have so far:

  • Arrested four people
  • Identified more than 13 accused
  • Recorded statements of over 50 witnesses
  • Issued notices to 56 rice mills
  • Seized 17 trucks
  • Obtained non-bailable warrants against two individuals

Police said the investigation remains ongoing and further action will be taken based on new evidence.

Production records and transport data under verification

Investigators are comparing FCI dispatch records with ethanol production data, transport logs, warehouse receipts and custom milling records.

Authorities are also examining production capacity, electricity consumption, machinery usage and raw material records at ethanol plants to verify whether the quantity of rice supplied matches actual ethanol output.

Similar verification is underway at rice mills to determine whether their claimed milling operations correspond with electricity consumption, labour deployment and machinery records.

Use of fortified rice raises additional questions

The case has drawn additional attention because the grain under scrutiny was fortified rice, which is enriched with iron, folic acid and Vitamin B12 to help address anaemia and malnutrition among children, pregnant women and adolescent girls.

Investigators are examining why fortified rice was supplied for ethanol production when distilleries generally use broken rice as feedstock. They are also looking into whether FCI followed stock rotation norms while allocating rice under the scheme.

Collector sought wider scrutiny

Confidential communications from the Balaghat Collector reportedly recommended verification of whether rice released for ethanol production actually reached the designated plants. The Collector also sought scrutiny of the allocation process, transportation chain, utilisation certificates and the roles of FCI officials, ethanol companies, transporters and rice mill owners.

The investigation currently covers nearly 5 lakh metric tonnes (50 lakh quintals) of government rice, valued at approximately Rs 1,160 crore at the subsidised allocation price.

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