Mumbai, July 13, 2026: The Bombay High Court has termed the Maharashtra government's failure to effectively implement the Forest Rights Act for nearly two decades as a result of "sheer callousness" and a "lethargic attitude". It has directed the state to explain the delay and specify when it will enforce the law.
PIL Challenges Delay
A bench of Justices Ajey Gadkari and Kamal Khata made the observations while hearing a public interest litigation filed by NGO Vanashakti, which has sought effective implementation of the Forest Rights Act in the state.
The Act, enacted in 2006, recognises the rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers over forest land and resources. It provides for Individual Forest Rights (IFR) for cultivation and habitation, as well as Community Forest Resource (CFR) rights that allow communities to protect, manage and sustainably use forest resources.
The bench noted that despite the law being in force for nearly two decades, its provisions have still not been effectively implemented in Maharashtra.
"It is an admitted fact on record that, till date, the 2006 Act has not been properly, rather effectively, implemented in the State of Maharashtra," the court observed. It added that the state had been offering "various excuses" instead of complying with the mandatory provisions of the law.
Court Rejects State's Explanation
The judges also pointed out that the PIL has been pending since April 7, 2014, and yet the government had failed to provide any satisfactory explanation for the delay.
"For over 12 years, except giving numerous excuses, no cogent and sufficient reason is given for not implementing the mandatory provisions of the said Act," the bench said.
During the hearing, counsel for the state submitted that the process of identifying and deciding the rights of tribals was still underway.
The court, however, rejected the explanation, observing that determining such rights should not take more than a decade.
"We are unable to accept such a submission... It certainly does not take more than a decade to decide such rights. It is sheer callousness and lethargic attitude on the part of the concerned authorities. Such conduct is unacceptable," the bench said.
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Affidavit Sought From State
The High Court directed the Additional Chief Secretary of the Forest Department to file a detailed affidavit explaining why the Act has not yet been effectively implemented in Maharashtra. It also asked the official to place on record the timeline within which the state proposes to implement the provisions of the law. The matter has been posted for further hearing on August 6.
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