Agasthyamalai Biosphere Reserve (ABR) and Eviction Issues
The Agasthyamalai Biosphere Reserve (ABR), spanning 3,500 sq. km across Tamil Nadu and Kerala, has become the site of significant conflict due to eviction notices issued to households accused of encroaching on forest land.
Supreme Court Directions
- Based on recommendations from the Central Empowered Committee (CEC), the Supreme Court mandated a time-bound eviction plan, rehabilitation, and legal action against violators.
- 118 government servants identified as encroachers face penalties.
- The Court prohibited diversion of forest land for non-forest activities until all encroachments are resolved.
- Immunity was provided to officials involved in eviction activities, barring malfeasance or arbitrary actions.
- The State is tasked with deciding on the use or removal of infrastructure belonging to the Bombay Burmah Trading Corporation, Ltd. (BBTCL).
Forest Rights Act (FRA) 2006
The FRA was enacted to address historical injustices faced by forest dwellers by recognizing their rights to forest lands occupied before December 13, 2005.
- A transparent process for claiming rights was established, involving verification by gram sabhas and committees at various administrative levels.
- The Act prohibits eviction until the claims are fully verified, but this principle has frequently been violated.
- The FRA does not require proof of land occupation for three generations, nor does it ban commercial activities on forest lands.
Survey and Findings by the CEC
In March 2025, the Supreme Court tasked the CEC with surveying the Agasthyamalai landscape to identify non-forestry activities.
- The Srivilliputhur-Megamalai Tiger Reserve saw 4,595 individuals encroaching on 5,071.2 hectares.
- The Kalakad-Mundanthurai Tiger Reserve had land leased to BBTCL, with a significant portion already returned to the Forest Department.
- The Kanniyakumari Forest Division has 427.4 hectares encroached upon by 553 individuals.
- In the Periyar Tiger Reserve, 700 non-tribal inhabitants have resided in tea estates since the early 20th century.
- The Shendurney Wildlife Sanctuary witnessed 1.3 hectares occupied by tribal settlements.
Legal and Administrative Challenges
The Supreme Court's latest orders extend to appeals against previous court decisions concerning the implementation of the FRA in tea estates and the rehabilitation of displaced workers.
- The lease to BBTCL, expiring in 2028, has been contentious, with the Tamil Nadu government declaring the land as part of critical tiger habitat.
- Workers challenged the voluntary retirement scheme and eviction notices but were unsuccessful in obtaining relief from the courts.
- The High Court ruled that tea estate workers don't qualify as traditional forest dwellers under the FRA, continuing historical injustices.
