Manjolai Estate Dispute

The Madurai bench of the Madras High Court is set to conduct the next hearing on multiple petitions filed by and on behalf of workers of the Manjolai estate in Tirunelveli district, Tamil Nadu.

What's Happening at Manjolai Estate?

• Manjolai Estate is situated within the Kalakkad Mundanthurai Tiger Reserve in Tirunelveli, Tamil Nadu.
• Bombay Burmah Trading Corporation Limited (BBTC) operated Manjolai Estate since 1929 on a 99-year lease.
• In May 2024, BBTC announced cessation of operations, due to state notification of the land as 'forest' in 2018 and impending lease expiry in 2028.
• Caught in the crossfire between the BBTC’s decision and the State government’s claim are the workers at the estate. Hundreds of workers, mainly Dalits and landless, accepted a voluntary retirement scheme, vacating their homes.
• Madras High Court Intervention: The Madurai Bench of the Madras High Court heard the petitions and ordered the status quo. The petitions had asked the Court to direct State authorities to cancel the voluntary retirement applications submitted by the tea plantation workers, provide free house-site patta, houses, 4 ha of land, other monetary relief, jobs for family members, and implement the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, or FRA, 2006 — or to have the Tamil Nadu Tea Plantation Corporation Limited, a State government undertaking take over the plantation.

Relationship of the Estate to the Tiger Reserve:

• Establishment: In 1988, the Tamil Nadu government formed the Kalakkad Mundanthurai Tiger Reserve (KMTR) under Project Tiger for administrative and management purposes.
• Legal Status: KMTR gained legal status in 2007 when 89,500 hectares were declared a critical tiger habitat under the Wildlife (Protection) Act (WLPA) 1972. An additional 70,654.20 hectares were designated as a buffer area in 2012. This brought KMTR's total area to 1.60 lakh hectares, which includes the Manjolai estate.
• Forest Rights: The WLPA mandates that residents' forest rights must be recognized upon the notification of a tiger reserve. Residents can only be relocated if they agree to it voluntarily.

How Did the Workers' Issue Arise?

• Forest Rights and Eviction: Inside the Kalakkad Mundanthurai Tiger Reserve (KMTR), the Forest Rights Act (FRA) specifies which forest rights must be recognized, including possession of land up to 4 hectares for housing and farming, community rights (except hunting), and rights to forest resources.
• Legal Obligations: The Tamil Nadu government is required to recognize forest rights of KMTR residents and obtain their consent before any relocation. The government must also provide a resettlement package for displaced individuals and communities, with their consent.
• Disregard of Laws: Tamil Nadu's notification of KMTR ignored provisions of the Wildlife (Protection) Act (WLPA) and FRA, leading to the current dispute.

Options for the State:

• Legal Rights: Forest lands leased to BBTC fall under FRA jurisdiction. Non-tribal workers living in the area for 75 years, dependent on these lands, can claim rights as 'Other Traditional Forest Dwellers'.
• Eviction Protection: Individuals whose claims are rejected cannot be evicted, as per a Supreme Court order.
• Alternative Settlement: The state can allocate a portion of Manjolai estate for settlement of workers, with approvals from the Union Ministry of Environment and Central Empowered Committee. They may also avoid paying net present value or conduct compensatory afforestation for landless beneficiaries.
• Legal Challenge: Some parts of Manjolai estate, forest lands before October 25, 1980, and converted before December 12, 1996, are not governed by Forest Conservation Act 1980. A Supreme Court challenge on this matter is pending, with current exemptions.

Key-issues

• Legal Complexity: The dispute involves intricate legal interpretations of forest laws, lease agreements, and worker rights under multiple national and state legislations.
• Social Impact: The decision to cease operations at Manjolai has significant socio-economic implications for the affected workers, particularly Dalits and landless individuals, highlighting issues of livelihood and resettlement.
• Environmental Concerns: The overlap of forest conservation objectives with socio-economic rights underscores the challenge of balancing conservation goals with community welfare in protected areas.
• Judicial Role: The Madras High Court's intervention reflects the judiciary's crucial role in adjudicating disputes involving environmental conservation, forest rights, and corporate operations within protected areas.

The dispute over Manjolai estate highlights the complex interplay between conservation efforts, legal rights of local communities, and economic interests. The legal proceedings seek to address the rights and resettlement needs of affected workers within the framework of environmental conservation laws and forest governance.