E-Paper
Draw road map to reconcile tribal rights with growth: SC tells Centre
NEW DELHI: The Supreme Court has asked the Centre government to present a road map to reconcile rights of tribals in forest areas with development needs.
NEW DELHI: The Supreme Court has asked the Centre government to present a road map to reconcile rights of tribals in forest areas with development needs.
The Himachal Pradesh government had filed a plea against an order of the National Green Tribunal (NGT) staying the Kashang Hydroelectricity Project until all gram sabhas cleared the project. Acting on this, a bench of Chief Justice TS Thakur and Justice DY Chandrachud asked the state counsel: “What happens if such rights are in conflict with development projects? These are common rights. But what happens if the state wants to dig a well on these forest lands? Will one person’s opposition hold up any project?”
The CJI on Monday wondered whether a project can go on after the rights are determined. “Both can coexist. If you can protect, you can build. If it hurts, you have to acquire or compensate,” he told the state government which argued the state had the right to override gram sabhas.
In its appeal the state has claimed that though all four gram sabhas had given a clearance to the project in 2007, one withdrew at the instigation of NGOs.
“Gram sabhas are not educated enough to give their viewpoint,” state counsel JS Atre told the bench. He urged the court to rescue the project, which was of national importance.
Under the Forest Rights Act, 2006, it is mandatory for each state to undertake the exercise to determine the rights of forest dwellers. The NGO, which moved the NGT against the project, told SC that the right of forest dwellers has to be crystallized first.
Atre said the gram sabhas had given their consent on the basis of which the forest clearance was granted to the project.
The CJI, however, did not agree with the state’s views. “Once these rights of forest-dwellers and tribals crystallise, they can be valued. The state can acquire it by a process. It cannot bulldoze its way. The Forest Act comes between you and the tribals.” He then sought the views of the Modi government, through Additional Solicitor General Maninder Singh, on the ways and means to reconcile both. The case will now again be heard on Friday.
