NEW DELHI — The Supreme Court has held that mere cultivation of forest land does not confer the status of a Forest Dwelling Scheduled Tribe or an Other Traditional Forest Dweller under the Forest Rights Act, 2006, where the claimant does not primarily reside in the forest. A Bench of Justice Vikram Nath and Justice Sandeep Mehta passed the order on November 6 in A. John Kennedy and Others v. State of Tamil Nadu and Others (2026 INSC 1204), according to Verdictum's report of the judgment.

Source: Verdictum, 7 Nov 2026

"Having regard to the requirement under Sections 2(c) and 2(o) of the FRA, 2006 that a claimant must primarily reside in the forest, persons who cultivate while having only temporary residence in the forest area (Category II), as well as persons residing outside the forest boundary (Category III), cannot, on the basis of such cultivation alone, qualify as FDST or OTFD," the Bench observed, as quoted by Verdictum.

Source: Verdictum, 7 Nov 2026

The Court constituted a Special Committee headed by Justice B. R. Gavai, former Chief Justice of India, to scrutinise the orders passed by the competent authorities on claims under the Forest Rights Act and to supervise their disposal. The committee will be assisted by an officer of the Central Empowered Committee (CEC) and by Tamil Nadu's Principal Chief Conservator of Forests and Head of Forest Force, LawChakra reported, adding that the order is reportable and the matter remains part-heard.

Source: LawChakra, 6-7 Nov 2026

The proceedings grow out of the Court's judgment of May 29, 2026, which directed a structured, time-bound process of eviction, rehabilitation and ecological restoration in the Agasthyamalai landscape, including a division-wise eviction plan and a bar on new non-forestry activities or diversion proposals in the landscape until its directions are complied with. On August 19, 2026, the Court directed Tamil Nadu to disclose details of silk cotton cultivation in the reserved forest, pattas granted by the District Collector, action taken against the 118 identified government servants, and the status of Forest Rights Act claims, the judgment text reproduced by AdvocateKhoj shows.

Source: Supreme Court judgment text via AdvocateKhoj, 6 Nov 2026

Finding the State primarily responsible for the delay in processing claims, the Court gave Tamil Nadu 30 days to constitute the remaining Gram Sabhas and five months thereafter to conclude adjudication. It directed that Category II and Category III persons be excluded from Forest Rights Act consideration on the cultivation ground, required monthly progress reports to the Special Committee, fixed the Chairperson's honorarium at four instalments of Rs 25 lakh each, and directed the committee to conclude its scrutiny within two months of the outer limit, Verdictum reported.

Source: Verdictum, 7 Nov 2026

The Court said it was not expressing any opinion at this stage on the merits of the competing claims or on the correctness of the positions in the State's affidavit and the CEC's report. The matter is listed next on February 1, 2027, for an interim status report, according to LawChakra.

Source: LawChakra, 6-7 Nov 2026