Supreme Court Appoints Gavai to Review Tamil Nadu Forest Claims

On 6 November 2026, the Supreme Court appointed former Chief Justice of India Bhushan R. Gavai to head a committee scrutinising forest-rights orders in Tamil Nadu, particularly in the Agasthyamalai landscape. A bench of Justices Vikram Nath and Sandeep Mehta formed the panel with an officer of the Central Empowered Committee and Tamil Nadu’s Principal Chief Conservator of Forests.

Claims process and committee review

The Court directed the state to constitute the remaining Gram Sabhas within 30 days and complete the invitation and adjudication of claims through the statutory three-tier process within five months of their constitution. The committee must review the orders within two months after that deadline, may direct authorities to expedite claims, and will receive monthly progress reports. Its findings are due to the Court in a sealed cover.

The bench criticised the state for failing for years to begin the statutory process, including after a stay was vacated in 2016. It excluded people temporarily resident in forests while cultivating land, and people living outside forest boundaries but cultivating inside, from consideration as Forest-Dwelling Scheduled Tribes or Other Traditional Forest Dwellers on cultivation alone. The state identified 4,594 occupants across 5,072.64 hectares; 2,643 cultivated silk cotton on 3,637.83 hectares. The Court rejected silk cotton as a qualifying minor forest produce, distinguishing commercial cultivation from naturally occurring produce. It also asked the Central Empowered Committee to examine the claim and investigate who financed or facilitated cultivation by outsiders.

The next hearing is scheduled for 1 February 2027, to consider an interim status report.

Important Facts for Exams

• Claim route: Under the Forest Rights Act, the Gram Sabha first recommends whose rights should be recognised; claims are then screened and approved at sub-division and district levels.
• OTFD eligibility: For Other Traditional Forest Dweller status, the Forest Rights Act requires 75 years’ prior forest residence and dependence on forests for bona fide livelihood needs.
• Minor forest produce: The Forest Rights Act recognises ownership and use rights over traditionally collected minor forest produce, including non-timber products of plant origin.
• Title cut-off: Forest Rights Act title rights cover land already cultivated by the family on 13 December 2005, subject to a four-hectare ceiling; they do not grant new land.