Centre in SC: Prior nod not required if individual forest rights recognised, Pg10

Key Highlights:

• The Centre informed the Supreme Court that prior approval is not needed under the Forest (Conservation) Act, 1980, for constructing houses under PMAY-G on forest land, if individual forest rights are recognized under the Forest Rights Act, 2006.
• The submission was made in a joint affidavit by the Ministry of Tribal Affairs and the Ministry of Environment, Forest and Climate Change, following a September 2025 SC directive.
• The case before the SC involves a civil appeal and contempt petition related to PMAY-G constructions for the Sahariya community in Binega village, Shivpuri, Madhya Pradesh.

Detailed Insights:

• Section 3 of FRA includes the right to hold and live on forest land, and the right to habitation after due verification by the Gram Sabha.
• The National Green Tribunal (NGT) previously held the PMAY-G constructions as violative of FCA, leading to the current appeal by the Sahariya community of 63 families.
• The SC directed the ministries to consult on enabling housing construction within forests, balancing the mandates of FCA, 1980, and ensuring convergence with FRA.

Key Concepts Involved:

• Forest Rights Act, 2006 (FRA): Legislation recognizing the rights of forest-dwelling communities to forest resources and land.
• Forest (Conservation) Act, 1980 (FCA): Act regulating the diversion of forest land for non-forest purposes.
• Pradhan Mantri Awas Yojana-Gramin (PMAY-G): Government scheme providing affordable housing in rural areas.
• Gram Sabha: Village assembly, a primary body for local self-governance and decision-making.