ISSUE:
Whether the possession and use of forest land by Adivasis, declared as reserved forest under Section 20 of the Indian Forest Act, 1927, or notified under Section 4 of the Act, is legally valid and can be regularized in light of their customary rights?
Whether the establishment of a super thermal power plant by NTPC on disputed forest land can be permitted while ensuring compliance with environmental conservation laws and the rights of displaced individuals?
RULE:
Recognition of Customary and Legal Claims: The adjudication of claims by Adivasis or other forest dwellers must follow due legal process, ensuring the verification of rights through competent authorities and providing necessary legal aid to protect their interests.
Harmonization of Development and Conservation: National development projects involving forest land may proceed if legal acquisition processes are adhered to, environmental safeguards are maintained, and the rights of affected individuals are adequately addressed through compensation or rehabilitation.