Court Affirms District Collector's Decision; Appellants Fail to Prove Ancestral Residence and Cultivation for Three Generations
In a significant ruling, the Madras High Court dismissed an appeal by A.C. Murugesan and others, who sought recognition of their rights over reserved forest land in Salem District under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The appellants contended that their ancestors had been cultivating and residing on the land for over 75 years, thereby qualifying them as "Other Traditional Forest Dwellers" as per Section 2(o) of the Act.
However, the Division Bench comprising Justices S.M. Subramaniam and K. Surender held that the appellants failed to provide sufficient evidence to substantiate their claims. The court noted that the appellants could not demonstrate cultivation or residence for the requisite three generations prior to December 13, 2005, nor could they prove dependence on the forest land for bona fide livelihood needs.
The court further observed that the appellants were not residing on the subject land but had been living elsewhere, which weakened their claim under the Act. The bench emphasized that mere possession of voter ID, ration card, or Aadhar card did not establish rights under the Act, especially since the appellants lived outside the reserved forest areas.
The case originated from a decision by the District Collector of Salem, who rejected the appellants' application for recognizing their forest rights over 291.60 acres of reserved forest land. The appellants had previously been issued eviction notices and had faced legal action for trespassing on the reserved forest land, which had been declared a reserved forest since 1926.
The High Court upheld the District Collector's decision, stating that the procedures followed were in compliance with statutory provisions and that the appellants did not have any legal basis for their claims. The court reiterated its limited scope of judicial review under Article 226 of the Constitution, focusing on procedural compliance rather than the merits of the decision.
This ruling reaffirms the stringent requirements under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, for establishing forest rights, underscoring the necessity for claimants to provide clear evidence of ancestral ties and dependence on forest land.
Bottom Line:
Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 - Appellants failed to establish that they are "Other Traditional Forest Dwellers" under Section 2(o) of the Act, 2006, as they did not demonstrate cultivation or residence for three generations prior to 13.12.2005 or dependence on forest land for bona fide livelihood needs.
Statutory provision(s):
Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, Sections 2(o), 3, 2(c); Article 226 of the Constitution of India.
