Minister of State for Tribal Affairs Durgadas Uikey told the Lok Sabha on Wednesday that the Department of Land Resources (DoLR), under the Ministry of Rural Development, serves as the Centre’s nodal ministry for land-related matters. He clarified that land and its management fall squarely within State jurisdiction, both legislative and administrative, as laid out in Entry 18 of List II (State List) in the Seventh Schedule of the Constitution.
Acquisition and the rehabilitation that goes with it are handled by both Central and State Governments, depending on which Central or State Act applies.
Tracking forest land diversion online
The Ministry of Environment, Forest & Climate Change (MoEF&CC) shared that all proposals for using forests for non-forestry purposes go through the online PARIVESH portal (https://parivesh.nic.in). This portal holds information on forest land proposed for diversion, the category each proposal falls under, details of the user agency involved, where the proposal currently stands, and the number of trees affected by the project.
Legal safeguards for forest dwellers
Under Section 3(2) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, a limited amount of forest can be diverted for specific government-managed development facilities, but only up to one hectare per case, and only with the concerned Gram Sabha’s recommendation. That said, the Ministry of Tribal Affairs (MoTA) doesn’t maintain centralized data on how much tribal land has actually been diverted this way.
Separately, the Ministry of Panchayati Raj (MoPR), which oversees implementation of the Panchayats (Extension to Scheduled Areas) Act, 1996, has clarified that all Panchayat-related matters, including land issues in rural areas, are handled entirely by State Governments. Neither have the States shared case details with MoPR, nor does MoPR keep its own records on this.
Rules governing final approval for diversion
MoEF&CC pointed to Rule 11(7) of the Van (Sanrakshan evam Samvardhan) Rules, 2023, which lays out that a State Government or Union Territory Administration can only issue an order for diversion, lease assignment or de-reservation after the Central Government has given its ‘Final’ approval under sub-section (1) of section 2 of the Adhiniyam.
This also requires full compliance with every other applicable Act and rule, including making sure rights are settled under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. MoTA, for its part, has repeatedly urged State Governments and UT Administrations to make sure no rightful beneficiary loses their forest rights, and specifically to comply with Section 4(5) of the FRA, which bars evicting or removing claimants from forest land they occupy until the recognition and verification process is fully complete.
Who handles compensation and disputes
Land acquisition along with rehabilitation and resettlement (R&R) of project-affected families, including actually implementing these and paying out compensation, is the responsibility of the respective State Government or Project Authority. As a result, MoTA doesn’t centrally track disputes involving land acquisition, rehabilitation, or how Gram Sabha consent provisions are being implemented in mining and other diversion projects.
How diversion proposals get examined
MoEF&CC confirmed that whenever States or UTs submit proposals for diverting forest land, these are examined against the provisions of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, along with its accompanying Rules and Guidelines.
Handling grievances under the Forest Rights Act
Whenever the Ministry receives complaints or representations about FRA violations, these get forwarded to the relevant States or UTs for resolution, since actually implementing the Act is a State/UT responsibility. State Governments have also been advised to make sure Scheduled Tribes’ interests stay properly protected, in line with constitutional provisions and the various laws designed specifically to safeguard them.
Six pending legal cases on tribal land diversion
There are currently six legal matters pending related to diversion of tribal land in Scheduled Areas. Three of these concern mining projects in Odisha and are before the Orissa High Court via Writ Petitions. Two more relate to national highway construction or widening projects in Gujarat, pending before the Gujarat High Court at Ahmedabad, also as Writ Petitions. The sixth concerns a hydro-electric project in the Chamba Division of Himachal Pradesh, and is being heard as a Civil Suit before the Court of the Senior Civil Judge, Chamba, Himachal Pradesh.
Key Takeaway: The government’s clarification highlights the constitutional division of responsibilities over land governance, with land and its management remaining primarily under State jurisdiction while the Centre exercises regulatory oversight in areas such as forest land diversion and tribal rights through designated ministries and statutory provisions. It also underscores that the diversion of forest land is subject to Central approval and compliance with the Forest Rights Act, 2006, while implementation of land acquisition, rehabilitation, compensation, and grievance redressal largely rests with State Governments.
At the same time, the existence of pending court cases concerning tribal land diversion illustrates the continuing legal and administrative challenges in balancing development projects with the protection of forest and tribal rights.
M.C.Q.
Question 1: Under which entry of the Seventh Schedule of the Constitution does land and its management fall?
- A. Entry 17, State List
- B. Entry 18, State List
- C. Entry 42, Concurrent List
- D. Entry 54, Union List
Question 2: Under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, diversion of forest land for specified public utility facilities under Section 3(2) is permitted up to:
- A. 5 hectares with approval of the District Collector
- B. 2 hectares with approval of the State Government
- C. 1 hectare with recommendation of the concerned Gram Sabha
- D. 10 hectares with approval of the Central Government
Read More: The Indian Statistical Institute Bill, 2026: A Big & New Legal Framework
