Supreme Court Tightens Forest Rights Review and Oversight in Tamil Nadu

The Supreme Court issued further directions in the continuing proceedings concerning encroachments and ecological restoration in the Agasthyamalai landscape of Tamil Nadu. It excluded persons who only cultivate forest land while temporarily residing there or who live outside the forest boundary from consideration as forest-dwelling claimants under the Forest Rights Act, directed the State to complete Gram Sabha formation and claims adjudication within fixed periods, and created a committee to supervise the process.

Key Highlights :

• The order follows earlier directions dated 29 May 2026 and 19 August 2026 concerning eviction, rehabilitation, ecological restoration and encroachments in forest areas.
• The State’s affidavit identified 4,594 persons occupying 5,072.64.3 hectares, of which 3,637.83.2 hectares was under silk cotton cultivation.
• The State classified 1,595 persons as permanently residing and cultivating in the forest, 232 as cultivating with temporary residence, and 2,767 as residing outside the forest boundary while cultivating.
• The Court held that persons in Categories II and III could not qualify as Scheduled Tribes or Other Traditional Forest Dwellers on the basis of cultivation alone and directed their exclusion from consideration under the Forest Rights Act, 2006.
• The State was given 30 days from 06 November 2026 to complete formation of the remaining Gram Sabhas; claims and their three-tier adjudication must then be completed within five months from the date of constitution of the Gram Sabhas.
• A Special Committee headed by former Chief Justice of India B.R. Gavai, assisted by an officer of the Central Empowered Committee and Tamil Nadu’s Principal Chief Conservator of Forests, was constituted to scrutinise and supervise claims.
• The Committee is to examine the claims within two months after the outer limit for the State’s claims process; the State must provide monthly progress reports.
• The Court directed the Central Empowered Committee to examine the NHAI’s NH-744 proposal and report before the next hearing; it did not grant automatic approval for the proposed Puliara–Edamon tunnel section.

Background :

• The Court’s earlier order dated 29 May 2026 had required a structured process for eviction, rehabilitation and ecological restoration, including division-wise eviction plans and action against identified encroachers.
• The State was asked to explain silk cotton cultivation in Reserved Forest areas, pattas, action against 118 Government servants identified as encroachers and the status of Forest Rights Act claims.
• The State submitted that the forest-rights claims process was being operationalised across 98 habitations/villages and that approximately 40 Gram Sabhas had become functional.
• The National Highways Authority of India sought permission for its proposal concerning NH-744, while the State Law Department sought to transfer responsibility for monitoring encroachment litigation to the department holding the relevant forest records.

What Has Changed :

• Issue: Who may be considered a Forest Dwelling Scheduled Tribe (FDST) or Other Traditional Forest Dweller (OTFD) claimant where persons cultivate land inside the forest but do not primarily reside there.
• Finding: On the basis of Sections 2(c) and 2(o) of the Forest Rights Act, 2006, persons cultivating with temporary residence in the forest (Category II) and persons residing outside the forest boundary (Category III) cannot qualify as FDST or OTFD on cultivation alone.
• Finding: Commercial cultivation of silk cotton in forest areas is not, by itself, a forest right under Section 3(1)(c). The Court expressed a prima facie view that planned or promoted commercial crop cultivation within forest areas is impermissible.
• Direction: Category II and Category III persons must be excluded from consideration as FDST or OTFD for the purposes of the Forest Rights Act, 2006.
• Direction: Tamil Nadu must complete constitution of the remaining Gram Sabhas within 30 days. After their constitution, remaining claims must be invited and adjudicated through the three-tier mechanism within five months from the date of constitution.
• Direction: A Special Committee headed by former Chief Justice of India B.R. Gavai is to scrutinise orders on claims, supervise timely disposal and submit a report to the Court in a sealed cover. The State must send monthly progress reports and provide administrative support, including a nodal officer of at least Joint Secretary (Administration) rank.
• Direction: The State must bear the Chairperson’s honorarium in four instalments of ₹25 lakh each and the Committee’s additional expenses.
• Direction: The Central Empowered Committee must provide its opinion on the State’s position that silk cotton is a minor forest produce.
• Direction: The CEC must consider NHAI’s application concerning NH-744, including the proposed Puliara–Edamon tunnel section, and respond before the next hearing. The Court referred to the limited forest-diversion provision in Section 3(2) of the Forest Rights Act.
• Outcome: The matter was listed for 01 February 2027 as a part-heard matter. The State Law Department was impleaded and responsibility for monitoring encroachment litigation was assigned to the Environment, Climate Change and Forests Department through the Principal Chief Conservator of Forests and subordinate authorities.

Compliance Action Points :

• Tamil Nadu Government: complete formation of the remaining Gram Sabhas within 30 days from 06 November 2026.
• After Gram Sabha constitution: invite remaining claims, where applicable, and complete the three-tier adjudication within five months from the date of constitution of the Gram Sabhas.
• State Government: submit monthly progress reports to the Special Committee and designate a nodal officer of at least Joint Secretary (Administration) rank; provide logistical and administrative support.
• Special Committee: commence work forthwith and endeavour to complete scrutiny within two months after the outer limit prescribed for the State’s claims process.
• CEC: submit its opinion on whether silk cotton qualifies as minor forest produce and respond to NHAI’s application before the next hearing.
• Next listing: 01 February 2027. The order does not grant NHAI automatic permission to commence construction or divert forest land.

References :

• Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 – Sections 2(c) and 2(o): definitions relevant to FDST and OTFD eligibility, including primary residence in the forest.
• Forest Rights Act, 2006 – Section 3(1)(c): rights relating to minor forest produce; the Court held that commercial cultivation of silk cotton is not, by itself, a recognised forest right.
• Forest Rights Act, 2006 – Section 3(2): limited provision for diversion of forest land for specified Government-managed facilities, subject to conditions including land area and Gram Sabha recommendation.
• Tamil Nadu Forest Act, 1882 – Section 16: final notification of the Reserved Forest area referred to in the order.
• Government of Tamil Nadu, G.O. Ms. No. 118, Environment and Forests Department, dated 09 September 2009: notification referred to for the Reserved Forest area.
• Earlier Supreme Court orders dated 29 May 2026 and 19 August 2026: foundational directions in the continuing forest encroachment and restoration proceedings.

Source & Attribution :

Primary source: Supreme Court of India order, 2026 INSC 1204, Civil Appeal Nos. 6395–6397 of 2025 and connected proceedings, dated 06 November 2026, supplied as the source PDF.

Disclaimer: This summary is an editorial aid prepared from publicly available information. It is not legal, tax or investment advice. Refer to the original notification, circular, order or report before acting.