4 min readNew DelhiUpdated: Apr 12, 2026 06:40 PM IST
In an ongoing matter on construction of houses on forest land, including under the Pradhan Mantri Awas Yojana-Gramin (PMAY-G), the Ministries of Tribal Affairs and Environment have submitted a joint affidavit to the Supreme Court last month, detailing the safeguards built into the Forest Rights Act (FRA), 2006, ranging from multi-tier verifications to forest department’s oversight, and also the duties of forest rights holders on protection of habitats, The Indian Express has learned.
The ministries, it was learned, have sought to underline that the FRA, 2006, and Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, are required to be read and interpreted harmoniously, to advance social justice and forest conservation simultaneously.
The apex court is examining an appeal and a contempt petition in relation to construction of houses under PMAY-G on a forest land for a small community from the particularly vulnerable Sahariya tribe, in Binega village of Madhya Pradesh’s Shivpuri.
In September 2025, the SC directed the two ministries to explain how dwelling houses could be built on forest land while respecting the mandate of forest conservation under the Van Adhiniyam.
In February, the Centre, in an affidavit, stated that once individual rights are recognised under FRA, the need for a prior approval under Van Adhiniyam does not arise. To this, a bench of Justices P S Narasimha and Alok Aradhe had sought to know the regulatory measures on the issue of convergence of these two laws.
The community of 63 families has appealed against an NGT order, which held the PMAY-G constructions as violative of the Forest Conservation Act. The contempt petition was filed by one Swami Pathranand of the Paramhans Ashram, the petitioner in the NGT case, on grounds of non-compliance of the NGT’s orders.
Swami Pathranand had alleged that PMAY-G houses were sanctioned on community forest land. He had also moved the Gwalior bench of Madhya Pradesh HC to halt the construction, but the court disposed of the plea while directing forest officials to examine the issue. In fact, the ashram came under cloud for building a large bhawan and double- fencing nine hectares of Community Forest Resource (CFR) land from all sides.
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On the Binega village issue, the Centre had submitted in February that the question fell in the domain of the Madhya Pradesh government since they are the competent authority implementing FRA, it was learned.
Multi-tier process, on-site verification, duties
In the affidavit, the Centre is learned to have detailed about eight to nine different kinds of safeguards under FRA, ranging from a three-tier gram sabha verification process, mandatory evidence requirements, on-site physical verification by forest and revenue officials, non-transferability of titles and oversight by a state-level committee.
It was submitted that the gram sabha and forest rights committee initiate the process of calling for and receiving title claims under FRA, and that a quorum of 50% members is required for gram sabha proceedings. All resolutions pertaining to claims, it said, are to be passed through deliberation and voting, to ensure transparency and collective decision-making.
On the role of the forest department, the Centre is learnt to have submitted that Rule 12A (1) of the Act mandates that forest and revenue department officials must be present during on-site verification of claims and evidence. The officials are also part of the sub-divisional-level, district-level and state-level monitoring committees, having statutory roles in decision-making in vetting, approval, and rejection of claims, as well as monitoring.
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The ministries have also pointed out, it was learned, that under the Act, the rights-holders and gram sabha are bound to protect wildlife, forests and biodiversity and prevent activities adverse to forest ecosystems.
According to the Ministry of Tribal Affairs’ monthly progress report for the period ending February 28, 2026, over 54 lakh claims have been filed under FRA across states, of which over 25.38 lakh titles have been distributed. Around 80.56% of all claims have been disposed of, while 18.12 lakh claims have been rejected.
