Context:
The Supreme Court has held that the Centre and States cannot reduce forest cover without providing land for compensatory afforestation. The judgement has been made in the light of legal cases against the 2023 amendment to the Forest (Conservation) Act, 1980.
Key Highlights:
No Reduction of Forest Land without Compensation
- Government cannot divert forest land for linear projects unless equal land is provided for compensatory afforestation.
- Supreme Court Bench of Justices B.R. Gavai and K. Vinod Chandran warned against any efforts to diminish forest cover.
Challenge to 2023 Amendments to the Forest (Conservation) Act
- Petitioners argue
- Section 1A of the amended Act dilutes the definition of forests by limiting it to:
- Declared forests
- Lands recorded as forests in government records post-1980
- Section 1A of the amended Act dilutes the definition of forests by limiting it to:
- Government’s defense
- Amendment does not reduce forest cover and expands ‘government records’ to include lands recognized by local bodies and communities.
Definition of ‘Forest’ and Supreme Court’s Position
Court’s Stand on Forest Definition (1996 TN Godavarman Case)
- Supreme Court reaffirmed the broad, dictionary meaning of ‘forest’ to include:
- All areas which are covered with forests, all types, regardless of status and ownership:
- Undeclared and community forests lands Identified- 1.97 Lakh sq.km
- State/UT Needs Consolidated Records of Forest land.
- Prepare complete record about all forest area land.
- All areas which are covered with forests, all types, regardless of status and ownership:
- Exercise to be completed within one year as per the Environment Ministry’s November 2023 notification.
Implications of the Judgment
- Stronger Protection for Forests
- Any land taken for development must be replaced with compensatory afforestation.
- State Accountability
- States must ensure that all forest-like lands are recorded and cannot escape responsibility through reclassification.
- Infrastructure Project Disruption
- Linear projects such as highways, pipelines, and railways may experience delays and cost overruns on account of land compensation.
