Judgment :-

G.S. Singhvi, J.

1. Whether Section 2 of the Forest (Conservation) Act, 1980 (for short ‘the 1980 Act) is prospective in operation and whether the Government of Kerala could, without obtaining prior approval of the Central Government grant pattas/lease hold rights to the unauthorised occupants/encroachers of forest land are the questions which arise for determination in this appeal filed against the order of the Full Bench of the Kerala High Court.

2. TheIndian society has, for many centuries, been aware and conscious of the necessity of protecting environment and ecology. Sages and Saints of India lived in forests. Their preaching’s contained in Vedas, Upanishadas, Smritis etc. are ample evidence of the societys respect for plants, trees, earth, sky, air, water and every form of life. The main moto of social life is to live in harmony with nature. It was regarded as a sacred duty of every one to protect them. In those days, people worshipped trees, rivers and sea which were treated as belonging to all living creatures. The children

.were educated by elders of the society about the necessity of keeping the environment clean and protecting earth, rivers, sea, forests, tre