The Ministries of Tribal Affairs and Environment submitted a joint affidavit to the Supreme Court (SC) in March 2026 regarding the construction of houses on forest land under the Pradhan Mantri Awas Yojana-Gramin (PMAY-G).
The affidavit details safeguards within the Forest Rights Act (FRA), 2006, including multi-tier verifications and forest department oversight.
The SC is examining an appeal related to PMAY-G constructions on forest land for the Sahariya tribe in Madhya Pradesh's Shivpuri district.
The Centre stated that once individual rights are recognized under FRA, prior approval under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 is not required.
Detailed Insights:
The ministries emphasized that the FRA, 2006, and Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, should be interpreted harmoniously to promote both social justice and forest conservation.
The SC's examination stems from an appeal against a National Green Tribunal (NGT) order that deemed PMAY-G constructions violative of the Forest Conservation Act.
The Centre's affidavit outlines safeguards under FRA, including a three-tier gram sabha verification process, mandatory evidence requirements, and on-site verification by forest and revenue officials.
Rule 12A(1) of the FRA mandates the presence of forest and revenue department officials during on-site verification of claims, ensuring oversight in decision-making.
The gram sabha and forest rights committee initiate title claim processes under FRA, requiring a 50% quorum and resolutions passed through deliberation and voting.
Key Concepts Involved:
Forest Rights Act (FRA), 2006: An act to recognize and vest the forest rights and occupation of forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers.
Pradhan Mantri Awas Yojana-Gramin (PMAY-G): A scheme by the Indian government to provide affordable housing to rural poor.
Gram Sabha: A village assembly consisting of all adults residing in the village.