The Supreme Court has held that commercial crop cultivation cannot be recognised as a forest right to justify occupation or continued presence within a forest area under the Forest Rights Act, 2006 (FRA).

A bench of Justices Vikram Nath and Sandeep Mehta made the observation while dealing with issues concerning encroachments in the Megamalai forest region of Tamil Nadu, which forms part of the Srivilliputhur-Megamalai Tiger Reserve and the Agasthyamalai landscape.

The Court also constituted a Special Committee headed by former Chief Justice of India BR Gavai to scrutinise and supervise claims filed under the FRA in the region. The committee will be assisted by an officer of the Central Empowered Committee (CEC) and the Principal Chief Conservator of Forests, Tamil Nadu, and will submit its report to the Court in a sealed cover.

The proceedings concerned the cultivation of silk cotton in the Megamalai forest area. The Tamil Nadu Government had argued that silk cotton cultivation was historically encouraged by government authorities and could be treated as traditional minor forest produce under the FRA. It also submitted that the areas in question were not notified as Reserved Forests in their present form when the cultivation began.

Rejecting the State's contention, the bench observed that there was no material to establish that cultivated silk cotton had been recognised as minor forest produce under the FRA or any other forest law.

Referring to Section 3(1)(c) of the FRA, which recognises the right to collect, use and dispose of minor forest produce traditionally collected within or outside village boundaries, the Court distinguished between the traditional collection of naturally occurring forest produce and planned commercial cultivation.

"The concept of planned cultivation of commercial crop is totally contrary to the very concept of a naturally occurring minor forest produce," the bench observed.

It further held that permitting commercial crop cultivation within forest areas would alter the very character of the forest.

"The cultivation of a commercial crop cannot, therefore, be recognised as a forest right so as to justify occupation or continued presence within the forest area," the Court held.

The bench also observed that the State's claim that silk cotton cultivation was not financed or directed by large commercial enterprises required further examination.

The Court clarified that cultivation of silk cotton as a commercial crop could not, by itself, establish a forest right in the absence of material or an official notification recognising it as minor forest produce under the FRA.

As per figures furnished by the Tamil Nadu Government, 4,594 persons were occupying 5,072.64 hectares of forest land, of which 3,637.83 hectares were under silk cotton cultivation.

The State had classified the occupants into three categories: persons permanently residing and cultivating within the forest area, persons having temporary residence in the forest while cultivating the land, and persons residing outside the forest boundary but cultivating land within it.

The bench held that persons falling under the latter two categories could not claim recognition as Forest Dwelling Scheduled Tribes (FDST) or Other Traditional Forest Dwellers (OTFD) merely on the basis of cultivation.

"Persons who cultivate while having only temporary residence in the forest area (Category II), as well as persons residing outside the forest boundary (Category III), cannot, on the basis of such cultivation alone, qualify as FDST or OTFD," the Court observed.

Accordingly, it directed that persons falling under these two categories be excluded from consideration under the FRA.

The Court also reiterated that claimants under the Act must satisfy the statutory requirements, including primary residence and dependence on forest land for their livelihood. In the case of Other Traditional Forest Dwellers, the Act additionally requires proof of occupation of forest land for at least three generations, or 75 years, before December 13, 2005.

Expressing concern over the delay in completing the statutory process under the FRA, the bench directed the State Government to constitute the remaining Gram Sabhas within 30 days and complete the process of adjudicating claims within five months of their constitution.

The State informed the Court that around 40 Gram Sabhas had already been constituted and approximately 1,600 claims had been received.

The Special Committee was directed to complete its scrutiny within two months beyond the outer limit prescribed for adjudication of claims. The State was also asked to submit monthly progress reports.

Further, the Court directed the Central Empowered Committee to examine whether silk cotton could be classified as minor forest produce under the FRA and submit its opinion.

The matter has been listed for February 1, 2027, for consideration of an interim status report.