The Supreme Court has directed the Union Government to file an affidavit within four weeks clarifying the scope, method, and manner of permitting construction of dwelling houses under the Forest Rights Act, 2006 (“FRA”), in a manner consistent with the Forest (Conservation) Act, 1980 (“FCA”). While the FRA guarantees forest dwellers a 'pucca house,' the FCA imposes restrictions on such permanent constructions within forest areas.

Opining that the Forest Conservation Act should not prohibit the construction of a pucca house for forest dwellers, the Court asked the Ministry of Environment and Forest and Climate Change and the Ministry of Tribal Affairs to hold detailed consultations.

A bench of Justices PS Narasimha and Atul S Chandurkar heard an appeal where the issue for consideration

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