Supreme Court Rules Commercial Crop Cultivation In Forest Land Ineligible Under Forest Rights Act 2006

The Supreme Court has ruled that commercial crop cultivation within reserve forest areas does not receive protection under the Forest Rights Act (FRA) 2006. The apex court clearly distinguished commercial cultivators and plantation owners from forest-dwelling Scheduled Tribes and Other Traditional Forest Dwellers who have resided in and depended on forests for generations.

A Bench comprising Justices Vikram Nath and Sandeep Mehta delivered this view in an order concerning extensive silk cotton cultivation within the reserve forests of the Agasthyamalai biosphere. In its November 6 order, the court directed the Central Empowered Committee to examine the Tamil Nadu government's stance that silk cotton functions as a minor forest produce. Records indicate that 3,637.83.2 hectares out of 5,072.64.3 hectares of forest land are currently under silk cotton cultivation.

The Bench expressed a prima facie view against the State’s claim regarding the historical cultivation of silk cotton. The court noted that government affidavits point toward the promotion and sponsored cultivation of silk cotton as a commercial crop. The justices stated that the planned cultivation of commercial crops runs entirely counter to the concept of naturally occurring minor forest produce.

According to the Bench, the planned or promoted cultivation of a commercial crop inside forest areas remains completely impermissible, as the FRA 2006 recognizes no such right. The legislation recognizes the right of forest dwellers to collect, use, and dispose of minor forest produce in accordance with Section 3(1)(c). Consequently, the court held that commercial crop cultivation cannot be classified as a forest right to justify occupation or continued presence within forest areas.

Justice Mehta, who authored the order, observed that permitting commercial crops in forest areas would alter the fundamental nature of the forest. The Bench further noted that government affidavits indicated large swathes of forest were destroyed under the pretext of cultivating silk cotton.

"This judicial clarification draws a clear legal line between traditional forest-dwelling communities and commercial enterprises operating on reserve land. For businesses, agribusinesses, and industries reliant on land use near or inside protected zones, regulatory compliance and adherence to environmental statutes are paramount. Judicial scrutiny on commercial crop cultivation within forest boundaries highlights the growing importance of strictly evaluating land titles and operational permissions to mitigate long-term regulatory and legal risks." — Dr. Shishir Gupta, Founder & CEO, StartupLanes