Tribal Land Rights and Consent in Projects

The Ministry of Tribal Affairs clarified that land and its management fall under exclusive State jurisdiction as per the Constitution (Seventh Schedule‑List II, Entry 18). Diversion of forest land for non‑forestry purposes is processed online through the PARIVESH portal, with details of proposals, user agencies and affected trees publicly available. Under Section 3(2) of the Forest Rights Act, any diversion of forest land is limited to one hectare per case and must be recommended by the Gram Sabha. Land acquisition, rehabilitation and related disputes are handled by State governments or project authorities, and no central database exists at MoTA. Six legal cases concerning tribal land diversion—three in Odisha (mining), two in Gujarat (highways), and one in Himachal Pradesh (hydro‑electric)—are pending before respective courts.