SC on Forest Rights: No FCA Nod for PMAY-G Houses
Context:
Recently, the Government of India informed the Supreme Court that prior approval under the Forest (Conservation) Act, 1980 (FCA) is not required for construction of houses under Pradhan Mantri Awas Yojana-Gramin (PMAY-G) on forest land, provided Individual Forest Rights (IFRs) have been duly recognised under the Forest Rights Act, 2006 (FRA). The submission seeks clarity on the interplay between forest conservation laws and welfare schemes for tribal communities.
Background of the Case:
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- The issue arose from construction of PMAY-G houses for a Particularly Vulnerable Tribal Group (PVTG) in Binega village, Shivpuri district, Madhya Pradesh. The National Green Tribunal (NGT) had held that such construction violated provisions of the FCA, as prior Central approval was not obtained for diversion of forest land. The matter reached the Supreme Court through a civil appeal and a contempt petition.
- In its September 23, 2025 order, the Supreme Court observed that although the FRA empowers the State to provide certain facilities to forest dwellers notwithstanding the FCA, such exemptions apply primarily to government activities and do not automatically extend to third-party constructions like permanent (pucca) houses. The Court directed the Centre to evolve a framework ensuring convergence between FRA and FCA so that housing needs are met without undermining forest protection.
- The issue arose from construction of PMAY-G houses for a Particularly Vulnerable Tribal Group (PVTG) in Binega village, Shivpuri district, Madhya Pradesh. The National Green Tribunal (NGT) had held that such construction violated provisions of the FCA, as prior Central approval was not obtained for diversion of forest land. The matter reached the Supreme Court through a civil appeal and a contempt petition.
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Centre’s Submission:
The Ministry of Tribal Affairs and the Ministry of Environment, Forest and Climate Change jointly argued that:
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- IFRs recognised under the FRA include the right to hold and live on forest land, including habitation rights after due verification by the Gram Sabha.
- Once such rights are formally recognised, seeking prior approval under the FCA does not arise for construction of PMAY-G houses.
- Determination and verification of forest rights fall within the domain of the State Government, which is the competent authority under the FRA.
- IFRs recognised under the FRA include the right to hold and live on forest land, including habitation rights after due verification by the Gram Sabha.
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Forest Rights Act (FRA), 2006:
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- The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 was enacted to recognise and vest forest rights in forest-dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in such forests for generations but whose rights were not recorded earlier.
- Under FRA:
- Individual Forest Rights (IFRs) can be recognised for dwelling, habitation, and customary use of forest land.
- The Gram Sabha plays a central role in verification and recommendation of titles.
- FRA aims to correct historical injustice by vesting rights to those who have been dependent on forest land.
- Individual Forest Rights (IFRs) can be recognised for dwelling, habitation, and customary use of forest land.
- The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 was enacted to recognise and vest forest rights in forest-dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in such forests for generations but whose rights were not recorded earlier.
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Forest (Conservation) Act, 1980:
The Forest (Conservation) Act, 1980 regulates use of forest land for non-forestry purposes, and generally requires prior Central Government approval for such diversion. The FCA is intended to protect forest cover and prevent its indiscriminate diversion for development activities.
Conclusion:
The Centre’s stand seeks to harmonise conservation and welfare objectives. If accepted, it may facilitate PMAY-G implementation in tribal areas, strengthen Gram Sabha authority, and rebalance environmental protection with social justice. The Supreme Court’s decision will significantly influence the interpretation of forest rights and conservation laws, shaping future implementation of the FRA and FCA in forest regions.
