# Supreme Court Limits Forest Rights Claims in Agasthyamalai Biosphere Court excludes non-resident cultivators from forest protection status to prevent commercial exploitation. - **Source:** [The Hindu – National](https://www.thehindu.com/news/national) - **Published:** 2026-11-06 - **Topic:** [politics](https://brifing.si/c/politics) - **Original article:** - **On Brifing:** https://brifing.si/s/8d44f3cc-1608-465d-8360-e6dc4be24240 ## Exclusion of non-resident cultivators The Supreme Court ruled that individuals residing outside the Agasthyamalai biosphere or maintaining only temporary residence are ineligible for protection under the 2006 Forest Rights Act. This decision specifically targets those cultivating silk cotton, effectively barring 2,767 individuals living outside forest boundaries from claiming traditional forest dweller status for land rights. ## Commercial crop versus forest produce The court challenged the state's classification of silk cotton as a minor forest produce. Justices Vikram Nath and Sandeep Mehta noted that the cultivation appears to be a sponsored commercial activity rather than a natural forest practice. This distinction is vital, as commercial farming fundamentally alters the ecological nature of protected areas. ## Scale of forest encroachment Current data indicates that 3,637.83 hectares of the 5,072.64 hectares of total forest land are currently used for silk cotton cultivation. The court expressed concern that large swathes of the biosphere are being destroyed under the guise of traditional farming, necessitating immediate intervention to halt further degradation of the protected landscape. ## Mandate for gram sabhas The court criticized the Tamil Nadu government for delays in processing claims under the 2006 Act. Only 40 gram sabhas are currently functional. The state has been granted a final 30-day window to establish the remaining bodies, with a strict five-month deadline to conclude the adjudication process for all pending forest rights claims. ## Special oversight committee formed To ensure compliance, the Supreme Court established a special committee chaired by former Chief Justice B.R. Gavai. This body is tasked with supervising the expeditious disposal of claims and scrutinizing orders issued by competent authorities. This move aims to prevent administrative bottlenecks and ensure that the legal process remains transparent and strictly enforced. ## Ecological restoration and eviction This order builds upon a May 2026 judgment requiring a structured, time-bound process for eviction and rehabilitation. The court mandated a division-wise plan to remove encroachments and hold government servants accountable for negligence. Furthermore, all new non-forestry activities within the Agasthyamalai landscape remain prohibited to allow for necessary ecological restoration efforts. ## Infrastructure project scrutiny Beyond cultivation issues, the court directed the Central Empowered Committee to evaluate the National Highway Authority of India’s proposal for the NH-744 highway. This project includes a tunnel section near Puliara–Edamon that requires the diversion of reserved forest land. The committee must assess the environmental impact before any further development can proceed. ## Long-term conservation implications The court’s firm stance signals a shift toward prioritizing biodiversity over commercial agricultural expansion in protected zones. By tightening eligibility for forest rights, the judiciary aims to preserve the integrity of the Agasthyamalai biosphere. Future monitoring by the Central Empowered Committee will remain critical to ensuring that these judicial directives are fully implemented. ## Sources covering this story - https://www.thehindu.com/news/national/agasthyamalai-conservation-case-sc-directs-temporary-and-non-resident-silk-cotton-cultivators-not-eligible-for-protection-under-fra-act/article71675811.ece — --- _Summary written by Brifing from the original reporting. Copyright in the original article belongs to its publisher; read the full piece at the link above._