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SUPREME COURT OF INDIA
Arun Mishra, Navin Sinha, Indira Banerjee, JJ.
Wildlife First - Appellant
Versus
Ministry Of Forest And Environment - Respondent
Writ Petition (Civil) Nos. 109 of 2008
Decided On : 13-02-2019
AFFIDAVIT - STATE OF ANDHRA PRADESH - [Forest Rights Act, 2006 - Section 4(5)] - The court directed the Chief Secretary to file an affidavit explaining why the orders of eviction in respect of rejected claims have not been carried out, and to take action on or before the next date of hearing.
Fact of the Case:
The court reviewed affidavits filed by various states regarding the rejection of claims under the Forest Rights Act, 2006 and directed the concerned Chief Secretaries to file detailed affidavits regarding the status of eviction orders for rejected claims.
Finding of the Court:
The court found that despite rejection of claims, eviction orders had not been carried out, and directed the Chief Secretaries to provide explanations and ensure compliance with eviction orders.
Issues: Non-compliance with eviction orders for rejected claims under the Forest Rights Act, 2006.
Ratio Decidendi: The court emphasized the need for compliance with eviction orders for rejected claims and directed the Chief Secretaries to provide detailed affidavits and ensure eviction is carried out.
Final Decision: The court directed the Chief Secretaries to file detailed affidavits and ensure that eviction orders for rejected claims are carried out on or before the next date of hearing.
1. Rejected claims of Scheduled Tribes and Other Traditional Forest Dwellers across Indian states; eviction orders not complied with despite finality. (Para 2 , 5 , 7 , 9 , 11 , 13 , 15 , 17 , 19 , 22 , 25 , 27 , 29 , 31 , 33 , 35 , 37 , 39 , 41 , 43 , 45 , 47 )
2. Dispute over states' non-compliance with eviction orders for rejected forest dweller claims and inadequate affidavit disclosures. (Para 2 , 9 , 11 , 47 )
3. Chief Secretaries directed to file compliance affidavits and ensure eviction where rejection orders have attained finality; non-compliance viewed seriously. (Para 3 , 4 , 6 , 8 , 10 , 12 , 14 , 16 , 18 , 20 , 23 , 26 , 28 , 30 , 32 , 34 , 36 , 38 , 40 , 42 , 44 , 46 , 48 , 49 , 50 , 51 )
States must carry out eviction where rejection orders have attained finality. Chief Secretaries are directed to ensure compliance, and failure to do so will be viewed seriously by the court. (Para 3 , 6 , 8 , 10 , 12 , 14 , 16 , 18 , 20 , 23 , 26 , 28 , 30 , 32 , 34 , 36 , 38 , 40 , 42 , 44 , 46 )
The verification/re-verification/review process must be concluded within four months from the date of the court order, and states must report compliance to the court. (Para 24 , 48 )
Forest Survey of India is directed to conduct a satellite survey to map encroachment positions and post-eviction positions. States must file affidavits disclosing eviction status. (Para 49 , 50 )
Chief Secretaries of respective states must file detailed affidavits disclosing compliance status of evictions and pending verifications, with a deadline of 12.07.2019 and listing on 24.07.2019. (Para 3 , 4 , 8 , 10 , 12 , 50 , 51 )
Non-compliance of eviction orders will be viewed seriously by the court. States where eviction has not been carried out must ensure compliance on or before the next date of hearing. (Para 16 , 18 , 21 , 23 , 26 , 28 , 30 , 32 , 34 , 36 , 38 , 40 , 42 , 44 , 46 )
ORDER
RE : AFFIDAVIT OF STATE OF ANDHRA PRADESH Perused the affidavit.
2. The affidavit indicates that the extent of land covered by rejections in respect of STs is 1,14,400 acres and 66351 claims have been rejected. But the action taken indicates that not even a single order has been complied with.
3. Once the orders of eviction have been passed, the eviction ought to have taken place. Let the Chief Secretary to the State of Andhra Pradesh file an affidavit as to why the orders of eviction have not been carried out so far in respect of the incumbents whose claims have been rejected as per the affidavit filed on 24.04.2018 filed by Mr. Gandham Chandrudu, Director of Tribal Welfare Department. Let action be taken on or before next date.
4. Let the requisite affidavit be filed with necessary details and other matters mentioned in the order on or before 12.07.2019.
RE : AFFIDAVIT OF ASSAM
5. The following information has been given in the affidavit filed by the State of Assam :-
"4. It is stated that the total number of claims belonging to
a) Scheduled Tribe - 74,364
b) Other Traditional Forest Dwellers - 19966
5. The following are the total number of claims rejected in the State of Assam :-
a) Scheduled Tribe - 22398.
b) Other Traditional Forest Dwellers - 5136
6. It is stated that total extent of land as claimed
a) Schedule Tribe - 10128 hectares
b) Other Traditional Forest Dwellers - 561.4 Hectares
7. It is further stated that the Divisional Forest Officer within their jurisdiction have submitted proposal to the Principal Chief Conservator of Forest & Head of the Forest Force to carry out eviction in respect of claims rejected by the District Level Committee.
8. It is stated that steps are already taken for eviction of all the encroachers/claimants whose claims have been rejected. The total extent of area to be evicted is accessed and will be submitted within a short time of period."
6. The Chief Secretary to the State of Assam is directed to file an affidavit stating whether the incumbents in respect of whom the rejection orders have been passed, have been evicted or not and if not, the reasons for the same. In case the eviction orders have attained finality, we direct the concerned authority including the Chief Secretary to ensure that the eviction is made on or before the next date of hearing.
7. I.A.No. 69409 of 2018 - application for waiving of the costs imposed vide order dated 18.04.2018 is rejected.
RE : AFFIDAVIT FILED BY THE STATE OF BIHAR
8. In the affidavit filed by the State of Bihar, the following facts have been mentioned in Paragraph 7 :-
"7. That as per report submitted by the concerned District Magistrates, total claims comes to 4696. Out of that total 2976 applications are related to STs and 1720 to OTFDs (Other Traditional Forest Dwellers). The total number of claims rejected comes to 4354 out of which rejected claims of STs are 2666 and OTFDs are 1688."
9. A detailed statement has been filed indicating that in some of the Districts, action is being taken for eviction and in some of the Districts, it is not treated as the persons who were found not occupying the area over which they had raised the claim.
10. Let detailed affidavit be filed by the Chief Secretary to the State of Bihar in respect of the number of claims settled and in the cases where claims have been rejected and have attained finality, whether eviction has been ordered and possession has been taken or not. Let full status be disclosed in the affidavit. It is further directed that the cases in which the orders have attained finality, let eviction be made forthwith. In case of noncompliance of this order, the same shall be viewed seriously.
RE - AFFIDAVIT FILED BY THE STATE OF CHHATTISGARH
11. The affidavit filed by the State of Chhattisgarh indicates that against 20095 claimants, whose claims have been rejected, have to be evicted, whereas action has been taken only against 4830 claimants of STs and OTFDs.
12. Let the Chief Secretary to the S
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