In a continuing legal matter regarding housing construction on forest land, including projects under the Pradhan Mantri Awas Yojana-Gramin (PMAY-G), the Ministries of Tribal Affairs and Environment submitted a collaborative affidavit to the Supreme Court last month. This document outlined the protective measures established under the Forest Rights Act (FRA) of 2006, including a multi-tier verification process, oversight by the forest department, and the responsibilities of forest rights holders in safeguarding habitats, as reported by The Indian Express.
The ministries emphasized the need for a harmonious interpretation of the FRA, 2006, and the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, to promote both social justice and forest conservation concurrently.
The Supreme Court is currently reviewing an appeal and a contempt petition concerning the construction of houses under PMAY-G for a small community belonging to the particularly vulnerable Sahariya tribe in Binega village, located in Madhya Pradesh’s Shivpuri district.
In September 2025, the Supreme Court instructed the two ministries to clarify how housing could be constructed on forest land while adhering to the conservation mandates outlined in the Van Adhiniyam.
Earlier in February, the Central Government, via an affidavit, asserted that once individual rights are recognized under the FRA, prior approval under the Van Adhiniyam is unnecessary. In response, a bench of Justices P S Narasimha and Alok Aradhe inquired about the regulatory measures concerning the interaction between these two legislative frameworks.
A community comprising 63 families has contested a National Green Tribunal (NGT) ruling that deemed the PMAY-G constructions as violations of the Forest Conservation Act. The contempt petition was initiated by Swami Pathranand of the Paramhans Ashram, who filed it based on allegations of non-compliance with the NGT’s directives.
Swami Pathranand claimed that PMAY-G houses had been authorized on community forest land. He also approached the Gwalior bench of the Madhya Pradesh High Court to stop the construction, but the court dismissed the request, instructing forest officials to investigate the matter. Additionally, the ashram faced scrutiny for constructing a large building and enclosing nine hectares of Community Forest Resource (CFR) land with double fencing.
Regarding the Binega village situation, the Centre indicated in February that the issue falls under the jurisdiction of the Madhya Pradesh government, which is responsible for implementing the FRA.
The affidavit from the Centre detailed approximately eight to nine different safeguards established under the FRA, which include a three-tier verification process by the gram sabha, essential evidence requirements, on-site verification by forest and revenue officials, restrictions on the transferability of titles, and monitoring by a state-level committee.
The Centre explained that the gram sabha and the forest rights committee initiate the process for receiving title claims under the FRA, requiring a quorum of 50% of members for gram sabha proceedings. All resolutions regarding claims are to be determined through discussion and voting, ensuring transparency and collective decision-making.
Furthermore, the Centre noted that Rule 12A (1) of the Act mandates the presence of forest and revenue department officials during on-site verification of claims and evidence. These officials are also incorporated into monitoring committees at various levels, playing statutory roles in the approval or rejection of claims and overseeing compliance.
The ministries highlighted that, under the Act, both rights-holders and the gram sabha have obligations to protect wildlife, forests, and biodiversity, and to prevent actions detrimental to forest ecosystems.
According to the Ministry of Tribal Affairs’ monthly progress report ending February 28, 2026, more than 54 lakh claims have been submitted under the FRA across various states, with over 25.38 lakh titles issued. Approximately 80.56% of all claims have been resolved, while 18.12 lakh claims were denied.
Nikhil Ghanekar, an award-winning journalist with 14 years of experience, serves as an Assistant Editor with the National Bureau [Government] of The Indian Express in New Delhi. He specializes in environmental policy, tracking significant decisions and the operations of the Ministry of Environment, Forest and Climate Change. His coverage also includes the National Green Tribunal and the implications of environmental policies on wildlife conservation, forestry, and climate change.
Nikhil joined The Indian Express in 2024. Originally from Mumbai, he has previously worked for publications including Tehelka, Hindustan Times, DNA Newspaper, News18, and Indiaspend. Over his career, he has reported on a wide range of topics, including sports, current affairs, civic issues, urban environmental news, central government policies, and politics.
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