SC paves way for FRA in Tamil Nadu by vacating Madras HC interim order

Madras HC had passed an interim order directing that no patta or title under the Act shall be issued without its permission

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Paving the path for the full- fledged implementation of the Forest Rights Act in Tamil Nadu, the Supreme Court has vacated an interim order of the Madras High Court staying the issuance of pattas in the state under the landmark legislation.

The apex court vacated the interim order pertaining to the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA), based on an application filed by the Tribal Affairs Ministry.

Even as FRA was being implemented across the country, Madras High Court passed an interim order on April 30, 2008, under which it directed that no patta or title under the Act shall be issued without its permission.

The Tribal Affairs Ministry filed a petition for the transfer of the writ petition to Supreme Court and also a Special Leave Petition against high court's interim order.

In a statement, the ministry said it had also requested Tamil Nadu government to file an application for vacation of the interim order.

A three-judge Supreme Court bench comprising Justices J Chelameswar, AM Sapre and Amitava Roy heard the matter yesterday.

PS Narasimha, Additional Solicitor General, who appeared for Tribal Affairs Ministry, submitted that when the FRA is being implemented across the country, there is no need for an order which restricts its operation in only one state.

The apex court was inclined to agree with that submissions and, accordingly, passed an order setting aside the interim order of the Madras High Court.

Till date, approximately 44.12 lakh claims have been filed and more than 17.10 lakh titles have been distributed in various states, except Tamil Nadu, where the implementation of FRA was at a standstill.

Although 21,781 claims have been filed in Tamil Nadu and 3,723 titles are ready for distribution, the state government had not been able to distribute the titles due to the stay order.

Now, with the vacation of the interim order, it is anticipated that the filing and processing of claims and recognition of forest rights in Tamil Nadu will gather speed and the forest dwelling Scheduled Tribes and other traditional forest dwellers can look forward to their rights being finally recognised, vested and recorded, the ministry said.