Case BriefsSupreme Court

Supreme Court: A special bench of Arun Mishra and Ashok Bhushan, JJ has asked the State of Maharashtra not to cut any further trees till the next date of hearing. The Special Bench was constituted to hear the plea against the cutting of trees in Mumbai’s Aarey colony for the city’s metro rail project after a group of law students wrote to Chief Justice Ranjan Gogoi seeking Supreme Court’s intervention in the matter and the cutting of trees to be suspended immediately.

Solicitor General Tushar Mehta, appearing for the State of Maharashtra had submitted before the Court that they are not going to cut any further trees till the next date of hearing. , However, in the circumstances, the Court responded,

“the statement is quite fair.”

SG also submitted that the activists who had been arrested have been released and that in case anybody has not been released so far, he/she be released immediately on furnishing personal bond. On this the Court directed,

“Let the statement made be carried out in pith and substance.”

The Court, hence, directed that the matter be heard by the Forest Bench on 21st October, 2019, as the said Bench is hearing the matter pertaining to the similar issues in T.N. Godhavarman’s case.

The Bombay High Court on Friday had rejected four petitions challenging the Mumbai civic body’s Tree Committee order approving the cutting of trees in the colony to make space for Mumbai Metro’s car shed in the area. Authorities in Mumbai, in a midnight move on Friday, began cutting trees after the Bombay High Court order. 29 people have been arrested for protesting against the move and were sent to judicial custody. Many other were were reportedly detained. The activists say cutting trees at Aarey Colony is illegal.

[In re: Felling of trees in Aarey Forest (Maharashtra), 2019 SCC OnLine SC 1322, 07.10.2019]

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Supreme Court: A special bench of Arun Mishra and Ashok Bhushan, JJ has been constituted to hear the plea against the cutting of trees in Mumbai’s Aarey colony for the city’s metro rail project. The bench will sit tomorrow during the Dussehra break to hear the matter urgently after a group of law students wrote to Chief Justice Ranjan Gogoi seeking the top court’s intervention in the matter and the cutting of trees to be suspended immediately.

The Bombay High Court on Friday had rejected four petitions challenging the Mumbai civic body’s Tree Committee order approving the cutting of trees in the colony to make space for Mumbai Metro’s car shed in the area. Authorities in Mumbai, in a midnight move on Friday, began cutting trees after the Bombay High Court order. 29 people have been arrested for protesting against the move and were sent to judicial custody. Many other were were reportedly detained. The activists say cutting trees at Aarey Colony is illegal.

The Court will assemble tomorrow at 10:00 AM to hear the matter.

(With inputs from NDTV)

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Supreme Court: After the Centre sought stay on the order which directed the forced eviction of more than 1,000,000 tribals and other forest-dwelling households from forestlands across 16 states on February 13, 2019, the Court has put a stay on the said order and has asked the concerned States to submit details of the process adopted to access the claims under the  Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

The matter will next be taken up on July 10, 2019.

(Source: ANI)
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Supreme Court: After the Court ordered the forced eviction of more than 1,000,000 tribals and other forest-dwelling households from forestlands across 16 states on February 13, 2019, it has agreed to hear the plea of the Central Government seeking stay on the order.

The 3-judge bench of Arun Mishra, Navin Sinha and Indira Banerjee, JJ had, on February 13, 2019, directed the Chief Secretaries of all the 16 States to

“ensure that where the rejection orders have been passed, eviction will be carried out on or before the next date of hearing. In case the eviction is not carried out, as aforesaid, the matter would be viewed seriously by this Court.”

The court’s orders came in a case filed by wildlife groups questioning the validity of the Forest Rights Act. The petitioners had also demanded that all those whose claims over traditional forestlands are rejected under the law should be evicted by state governments as a consequence.

The Forest Rights Act, which was passed during the Congress-led United Progressive Alliance’s first tenure, requires the government to hand back traditional forestlands to tribals and other forest-dwellers against laid down criteria. The Act, passed in 2006, has seen opposition from within ranks of forest officials as well as some wildlife groups and naturalists.

Tribal groups contend that their claims have been rejected systematically in some states and need to be reviewed. In several states there have been reports on administrations going particularly slow on even accepting community-level claims.

Case BriefsSupreme Court

Supreme Court: The Supreme Court has ordered the forced eviction of more than 1,000,000 tribals and other forest-dwelling households from forestlands across 16 states after the government failed to defend the validity of the Forest Rights Act. The 3-judge bench of Arun Mishra, Navin Sinha and Indira Banerjee, JJ directed the Chief Secretaries of all the 16 States to

“ensure that where the rejection orders have been passed, eviction will be carried out on or before the next date of hearing. In case the eviction is not carried out, as aforesaid, the matter would be viewed seriously by this Court.”

It also asked the Chief Secretaries to indicate, by way of an affidavit, as to why after the rejection of the claims, which have attained finality, eviction has not been made. The next date of hearing is set for July 24, 2019.

The court’s orders came in a case filed by wildlife groups questioning the validity of the Forest Rights Act. The petitioners had also demanded that all those whose claims over traditional forestlands are rejected under the law should be evicted by state governments as a consequence.

The Forest Rights Act, which was passed during the Congress-led United Progressive Alliance’s first tenure, requires the government to hand back traditional forestlands to tribals and other forest-dwellers against laid down criteria. The Act, passed in 2006, has seen opposition from within ranks of forest officials as well as some wildlife groups and naturalists.

Tribal groups contend that their claims have been rejected systematically in some states and need to be reviewed. In several states there have been reports on administrations going particularly slow on even accepting community-level claims.

[Wildlife First v. Ministry of Forest and Environment, 2019 SCC OnLine SC 238, order dated 13.02.2019]

(With inputs from Business Standard)