SC issues notice on plea over forest rights near PEKB coal block

The Supreme Court on Monday sought responses from the Union Government, the Chhattisgarh Government and the Rajasthan Rajya Vidyut Utpadan Nigam Ltd (RRVUNL) on a plea seeking enforcement of community forest rights of residents of a village near the Parsa East and Kete Basen (PEKB) coal block.

Community forest rights in Chhattisgarh give local tribal groups and forest dwellers legal power to protect, manage and use their traditional forest lands.

The top court issued notices to the Centre, the State Government, RRVUNL and the District Level Forest Rights Committee (DLC) of Surguja on the plea of the ‘Hasdeo Aranya Bachao Sangharsh Samiti’ (HABSS) and six others challenging the verdict of the Chhattisgarh High Court of April 21.

The High Court had dismissed an appeal filed by the Samiti and others challenging, among other things, the cancellation of community forest rights claimed by villagers of Ghatbarra and subsequent approvals for Phase-II mining in the PEKB coal block.

In its direction on Monday, an apex court bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and V Mohana said that the ongoing mining activities in the PEKB coal block in the State on behalf of the RRVUNL will remain unaffected due to the issuance of the notice on the plea.

Taking note of the submissions of senior advocate CU Singh, appearing for the ‘Samiti’, the CJI said that he was issuing notice to ascertain whether any community forest right existed in the instant case. If the answer is yes, then what remedial measures can be taken to explore enforcement of that right, the CJI said while making clear that the examination of this aspect does not impact the ongoing mining activities undertaken by RRVUNL in its captive coal block.

Earlier, a division bench of the high court had upheld the October 8, 2025 order of a single judge which had dismissed the petition challenging the continuation of mining-related approvals in the PEKB coal block, holding that concluded proceedings cannot be reopened indirectly through a fresh or collateral challenge.

The bench held that the petition amounted to a collateral assault on proceedings that had already been concluded in a series of earlier cases concerning the same acquisition and mining framework.

Relying on the Supreme Court’s rulings, the High Court had said repeated or indirect attempts to reopen concluded issues are barred by the principles of res judicata and finality of litigation.

It had rejected the plea of the ‘Samiti’ and others.

The High Court also took note of the fact that the appellants had not challenged key foundational orders, including the forest clearance orders of 2011 and 2012 and the State Government’s diversion order of March 28, 2012.

It had held that subsequent challenges to consequential actions could not be sustained when the foundational orders had remained unchallenged.

The dispute has a long history.

Ghatbarra, predominantly inhabited by tribal communities, had been granted community forest rights under the Forest Rights Act.

The PEKB coal block was initially allotted to Rajasthan Rajya Vidyut Utpadan Nigam Ltd, with forest diversion proposals subsequently receiving phased approvals.

Phase-I mining has already been completed, while approval for Phase-II was granted in February 2022.

The Samiti had argued that the cancellation of community forest rights and subsequent forest diversion approvals violated mandatory safeguards under the Forest Rights Act, including requirements concerning recognition of forest rights and Gram Sabha consent.

They also contended that ecological and cultural losses from the forest could not simply be compensated monetarily.