Allahabad HC reaffirms FRA supremacy, striking down rejection of forest rights claims
The Allahabad High Court ruled that provisions in a later law override inconsistent earlier court orders, reaffirming the supremacy of the Forest Rights Act (FRA) 2006. This decision struck down the District Level Committee's (DLC) rejection of forest rights claims by the Tharus of Palia Kalan Tehsil, which was based on a 2000 Supreme Court interim order. The ruling highlights the repeated disregard for the FRA, including eviction orders and denial of grazing rights, despite the Act's clear provisions. The FRA disallows eviction until verification is complete and recognizes grazing rights in all forests, overriding State laws like the Tamil Nadu Forest Act (TNFA) 1882.
Key Points
- The Allahabad High Court reinforced the legal principle that later laws override inconsistent earlier court orders, upholding the Forest Rights Act (FRA) 2006.
- The ruling overturned the DLC's rejection of forest rights claims by the Tharus tribal community, which was based on an outdated Supreme Court order.
- The FRA prohibits eviction of forest dwellers until their claims are verified and recognizes grazing rights in all forest areas.
- The judgment highlights the persistent disregard for the FRA by authorities, including issuing eviction orders under State laws despite the FRA's supremacy.
Exam Facts
- The Forest Rights Act (FRA) 2006 is the central legislation.
- The District Level Committee (DLC) is responsible for processing forest rights claims.
- The ruling concerned the Tharus of Palia Kalan Tehsil in Lakhimpur, Uttar Pradesh.
- The Tamil Nadu Forest Act (TNFA) 1882 was mentioned as a State law overridden by FRA.
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