Important Point
The word ‘forest’ used in the Forest Conservation Act, 1980, must be understood according to its dictionary meaning and it covers all statutorily recognised forests, whether designated as reserved, protected or otherwise.

Headnote:(i) Forest Conservation—Forest Conservation Act, 1980—Section 2—Scope of Act—Meaning of word ‘forest’—Word ‘forest’ must be understood according to its dictionary meaning—It covers all statutorily recognised forests, whether designated as reserved, protected or otherwise for purpose of Section 2(i)—Term ‘forest land’, occurring in Section 2, will not only include ‘forest’ as understood in dictionary sense, but also any area recorded as forest in Government record irrespective of ownership. (Para 4)
       (ii) Forest Conservation—Non-forest activity within area of any ‘forest’—Prior approval of Central Government required—Running of saw mills of any kind including veneer or ply-wood mills, and mining of any mineral are non-forest purposes—Every State Government must promptly ensure total cessation of all such activities forthwith—Felling of trees in all forests is to remain suspended except in accordance with Working Plans of State Governments, as approved by Central Government—There shall be a complete ban on movement of cut trees and timber from any of seven North-Eastern States to any other State of country—This ban will not apply to movement of certified timber required for defence or other Government purposes—This ban will also not affect felling in any private plantation. (Para 5)
       (iii) Forest Conservation—Each State Government shall constitute within one month an Expert Committee to identify areas which are ‘forests’—It is to identify areas which were earlier forests but stand degraded, denuded or cleared—Areas covered by plantation trees belonging to Government and those belonging to private persons also to be identified—Each State Government should file a report regarding number of saw mills, veneer and plywoods operating within State with particulars of their real ownership—Licenced and actual capacity of these mills for stock and sawing, their proximity to nearest forest and their source of timber should also be reported—An Expert Committee to assess sustainable capacity of forests quo saw mills and timber based industry. (Para 6)
       (iv) Forest Conservation—Directions issued for States of J & K, Himachal Pradesh, Hill regions of States of Uttar Pradesh and West Bengal, Tamil Nadu—Earlier orders made in these matters shall be read, modified wherever necessary to this extent—This order is to continue, until further orders. (Paras 5 & 6)
       Result : Ordered accordingly. Matter to be listed on 25-2-1977 as part heard for further hearing. Notwithstanding closure of any saw mills or other wood-based industry, workers employed in such units will continue to be paid their full emoluments due and shall not be retrenched or removed from service.

Judgement Key Points

What is the meaning and scope of the word "forest" under the Forest Conservation Act, 1980 as interpreted in this judgment?

What is the required Central Government prior approval process for non-forest activities within forest areas, and what activities are prohibited without such approval?

What are the interim directions issued by the Court regarding felling, movement of timber, and establishment of expert committees across states?

Order

In view of the great significance of the points involved in the matters, relating to the protection and conservation of the forests throughout the country, it was considered necessary that the Central Government as well as the Governments of all the States are heard. Accordingly, notice was issued to all of them. We have heard the learned Attorney General for the Union of India, learned counsel appearing for the States and the parties/applicants and, in addition, the learned Amicus Curiae, Shri H.N. Salve, assisted by Sarvashri U.U. Lalit, Mahender Das and P.K. Manohar. After hearing all the learned counsel, who have rendered very able assistance to the court, we have formed the opinion that the matters require a further indepth hearing to examine all the aspects relating to the National Forest Policy. For this purpose, several points which emerged during the course of the hearing require further study by the learned counsel and, therefore, we defer the continuation of this hearing for some time to enable the learned counsel to further study these points.

2. However, we are of the opinion that certain interim directions are necessary at this stage in respect of some aspects. We have heard the learned Attorney General and the other learned counsel on these aspects.

3. It has emerged at the hearing, that there is a misconception in certain quarters about the true scope of the Forest Conservation Act, 1980 (for short the ‘Act’) and the meaning of the word “forest” used therein. There is also a resulting misconception about the need of prior approval of the Central Government, as required by Section 2 of the Act, in respect of certain activities in the forest area which are more often of a commercial nature. It is necessary to clarify that position.

4. The Forest Conservation Act, 1980 was enacted with a view to check further deforestation which ultimately results in ecological imbalance; and therefore, the provisions made therein for the conservation of forests and for matters connected therewith, must apply to all forests irrespective of the nature of ownership or classification thereof. The word “forest’’ must be understood according to its dictionary meaning. This description covers all statutorily recognised forests, whether designated as reserved, protected or otherwise for the purpose of Section 2(i) of the Forest Conservation Act. The term “forest land”, occurring in Section 2, will not only include “forest” as understood in the dictionary sense, but also any area recorded as forest in the Government record irrespective of the ownership. This is how it has to be understood for the purpose of Section 2 of the Act. The provisions enacted in the Forest Conservation Act, 1980 for the conservation of forests and the matters connected therewith must apply clearly to all forests so understood irrespective of the ownership or classification thereof. This aspect has been made abundantly clear in the decisions of this court in Ambica Quarrry Works and Ors. v. State of Gujarat and Ors.1, Rural Litigation and Entitlement Kendra v. State of U.P.2, and recently in the order in Supreme Court Monitoring Committee v. Mussorie Dehradun Development Authority and Ors.3. The earlier decision of this court in State of Bihar v. Banshi Ram Modi and Ors.4, has, therefore, to be understood in the light of these subsequent decision. We consider it necessary to reiterate this settled position emerging from the decisions of this court to dispel the doubt, if any, in the perception of any State Government or authority. This has become necessary also because of the stand taken on behalf of the State of Rajasthan, even at this late stage, relating to permissions granted for mining in such area which is clearly contrary to the decisions of this court. It is reasonable to assume that any State Government which has failed to appreciate the correct position in law so far, will forthwith correct its stance and take the necessary remedial measures w

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1996 Supreme(SC) 2151

Important Point The word ‘forest’ used in the Forest Conservation Act, 1980, must be understood according to its dictionary meaning and it covers all statutorily recognised forests, whether designated as re­served, protected or otherwise.

What is the meaning and scope of the word "forest" under the Forest Conservation Act, 1980 as interpreted in this judgment?

What is the required Central Government prior approval process for non-forest activities within forest areas, and what activities are prohibited without such approval?

What are the interim directions issued by the Court regarding felling, movement of timber, and establishment of expert committees across states?

Cases Referred (3)

Important Point
The word ‘forest’ used in the Forest Conservation Act, 1980, must be understood according to its dictionary meaning and it covers all statutorily recognised forests, whether designated as reserved, protected or otherwise.