Manjolai Estate worker migrants, can't claim relief under Forest Rights Act: Tamil Nadu govt

CHENNAI: The State submitted before the Madras High Court that the workers of Manjolai Estate cannot be considered traditional forest dwellers because they are migrant workers and cannot claim relief under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

A special bench of Justice N Sathish Kumar and Justice D Bharatha Chakravarthy heard a batch of petitions moved by the Manjolai Estate workers against their eviction from the estate, followed by the expiry of the lease agreement of the tea plantation.

Advocate General (AG) PS Raman submitted that the estate workers cannot be considered traditional forest dwellers as per the Act, which clearly states that any community residing in a forest area for more than three generations from December 2005 can only be considered traditional forest dwellers.

The AG added that the community, otherwise, should have involved in cultivation for their livelihood to bonafide their traditional forest dwelling.

“In this case, the Bombay Burmah Trading Corporation brought in workers from Kerala and Assam. Hence, they are considered as migrant workers and cannot seek relief under the Act,” he said, adding, “However, the State has come forward to grant several concessions for the workers’ rehabilitation.”

At Manimutharu, in the foothills of the Manjolai Estate, 240 houses are available under the Kalaignar Kanavu Illam scheme. The AG submitted that the workers can avail of these houses immediately with a waiver of beneficiary participation amount. Further, 150 houses are under construction at Reddiarpattai Thirunelveli for the workers, he said.

“As many of the workers belong to the Scheduled Castes (SC) and Scheduled Tribes (ST) community, they can avail seed money as capital at low interest to start a business under the Annal Ambedkar Business Champions scheme,” the AG informed the bench.

The State offers a loan of up to Rs 17 lakh for workers belonging to non-scheduled communities for self-employment, and the government is ready to provide skill training, he elaborated, promising that the government is committed to providing rehabilitation to the workers, including their livelihood.

Puthiya Tamilagam party founder K Krishnasamy appeared as the party-in-person for the estate workers. He submitted that despite the government calling itself a Dravidian model government, the submissions made were not in line with social justice.

Krishnasamy vehemently opposed the State’s stance on the issue and submitted that the Manjolai workers have been residing there for more than three generations and cannot be called migrant workers.

He contended that per the Forest Rights Protection Act, if any community has been residing in the forest for 75 years, they should be considered forest dwellers. Hence, Manjolai workers can claim relief under the Act. After all the submissions, the bench directed all the parties to submit written arguments on Monday.

In 1929, the Bombay Burmah Trading Corporation leased out 8,374 acres of land at Manjolai from Singampatti Zamin for a period of 99 years.

As the period would expire in February 2028 and the company has been facing revenue losses, it decided to shut down the estate and issued notice to the 534 families and workers to evict from the estate.

Aggrieved by the eviction notice, the workers urged the State to take over the estate through Tamil Nadu Tea Plantation Corporation Limited to continue the plantation work and also demanded to grant land to the workers for cultivation. As the area was notified as a tiger reserve, the State closed down the workers’ demands.