The Centre's last-ditch effort to save over 11.9 lakh tribals from possible eviction paid off as the Supreme Court on Thursday stayed its own February 13 order — a direction to states to evict those persons whose claims over forest lands were dismissed by July 2019.

While doing so, the Court expressed its anguish over the "deep slumber" that the Centre and states went into since January 27, 2016 when the apex court had asked states to carry out a nationwide exercise of receiving claims from scheduled tribes and other traditional forest dwellers (OTFD) to determine their rights under the Forest Rights Act, 2006. "This order was passed back in January 2016. Our recent order of eviction was just a follow-up...You have remained in deep slumber."

Solicitor General Tushar Mehta, who appeared for Centre, pointed out that the states were at fault as a rejection of claims needed to be reviewed by a state-level review committee. There are several stages of appeal and only then can an eviction order be passed. The state of Maharashtra also joined the Centre to support the application for staying the SC order.

The bench of Justices Arun Mishra, Navin Sinha and MR Shah asked Maharashtra counsel Nishant Katneshwarkar, "Why did you not argue that day when we passed orders? Why did you not point it out to us what the Centre is saying today?" For that, Maharashtra's counsel apologised to court. Mehta told the court that the Centre wants to have a relook and will call a meeting of all state tribal secretaries on the procedure to be followed under the FRA.

"It is a human problem, more than a legal problem," Mehta said. But the court was concerned about protecting forests. "Those who are encroachers must go...We are alive to the situation. Tribals may have customary rights...At the same time, under the guise of ST/OTFD, land is not used by mighty people."

‘NEXT ON JULY 10’

• The bench decided to roll back its earlier order on the condition that states will produce details on the procedure followed in disposing claims.   
• Court also asked states to prepare a chart giving claims of ST, OTFD, and persons who belong to neither