Case Title:- SUGRA ADIWASI & ORS. vs. PATHRANAND & ORS.
Citation:- Civil Appeal No. 2590/2019
Date:- 23.09.2025
Hon’ble Supreme Court Bench :- JUSTICE P.S NARASIMHA & JUSTICE ATUL S. CHANDURKAR.
The Hon’ble Supreme Court has directed the Union Government to file an affidavit within four weeks clarifying the scope, method, and manner of permitting construction of dwelling houses under the Forest Rights Act, 2006 (“FRA”), in a manner consistent with the Forest (Conservation) Act, 1980 (“FCA”). While the FRA guarantees forest dwellers a ‘pucca house,’ the FCA imposes restrictions on such permanent constructions within forest areas.
- The Hon’ble Court noted a conflict between forest dwellers’ right to housing (FRA) and restrictions on construction in forest areas (FCA). The Hon’ble Court opined that the FCA should not completely prohibit ‘pucca’ houses for forest dwellers, as the law is meant for regulation, not total ban on non-forest activities.
- The Hon’ble Court highlighted Section 3(2) of the FRA, which allows certain facilities for forest dwellers but does not explicitly cover permanent houses. The Hon’ble Court emphasized the need to harmonize FRA and FCA to both protect forests and ensure basic housing rights for forest dwellers.
- The Hon’ble Court held that the Ministry of Environment, Forest and Climate Change and the Ministry of Tribal Affairs must hold detailed consultations on the issue. to find a regulatory framework that allows pucca houses without compromising forest conservation.
- The Hon’ble Court stated that these legislations should supplement and complement each other for the benefit of forest dwellers and forest protection.
