Court Directs Reconsideration of Forest Dweller Claims, Emphasizing the Supremacy of the Forest Rights Act, 2006
In a significant judgment, the Allahabad High Court has quashed the District Level Committee's decision, which rejected the claims of Scheduled Tribes and other traditional forest dwellers under the Forest Rights Act, 2006. The court directed the committee to reassess these claims in accordance with the Act, ensuring that the forest dwellers' rights are recognized and protected.
The Division Bench, comprising Justices Shekhar B. Saraf and Abdhesh Kumar Chaudhary, ruled that the District Level Committee failed to consider the specific provisions and objectives of the Forest Rights Act, 2006, which overrides previous judicial orders or laws. The court emphasized that the Act aims to recognize and vest forest rights in Scheduled Tribes and traditional forest dwellers, ensuring their livelihood and food security.
The petitioners, led by Udasa and 106 others from the Tharu community, challenged the committee's decision, arguing that it did not account for their rights as forest dwellers. The court agreed, stating that the committee's reliance on a Supreme Court interim order from 2000 was misplaced, as the Forest Rights Act, enacted in 2006, supersedes previous orders and laws related to forest rights.
Citing Sections 3, 4, and 6 of the Act, the court highlighted that the legislation is designed to address historical injustices faced by forest dwelling communities and to secure their tenure and access rights. The judgment further directs the District Level Committee to provide an opportunity for the petitioners to be heard and to pass a reasoned order based on the Act's objectives.
The court also provided interim protection to the forest dwellers, allowing them to retain their existing rights until a final decision is reached. This ruling reinforces the legal framework established by the Forest Rights Act, ensuring that the rights of forest dwelling communities are upheld and protected.
Bottom Line:
Forest Rights Act, 2006 - District Level Committee's decision quashed for not considering specific provisions and objectives of the Act - Direction to reconsider claims of forest dwellers in accordance with law and provide opportunity of hearing.
Statutory provision(s): Forest Rights Act, 2006 (Sections 3, 4, 6), Constitution of India (Article 226)
Udasa v. Union of India, (Allahabad)(Lucknow)(DB) : Law Finder Doc id # 2884744
