SUPREME COURT OF INDIA
B.R.GAVAI, ARAVIND KUMAR, PRASHANT KUMAR MISHRA, JJ.
In Re:
T.N. Godavarman Thirumulpad – Appellant
Versus
Union Of India And Others - Respondents
Writ Petition (Civil) No.202 of 1995
With
Goa Foundation - Appellant
Versus
State Of Goa And Others - Respondents
Civil Appeal No.12234-35 of 2018
Decided on : 24-01-2024
Forest (Conservation) Act, 1980 – Section 2 – National Green Tribunal Act, 2010 – Section 22 – Private Forests – Criteria – Application of criteria cannot be universally standardized across country, as it is contingent upon specific geography and geographical conditions prevalent in each State – Each State possesses its distinctive geographical features, and as a result, criteria may vary from one State to another – Appellant is attempting to take a contrary stand on the issue of criteria for identification of forests, suggesting a change in criteria for identification of deemed forests under private ownership – Appellant cannot be permitted to approbate and reprobate – This Court vide its order dated 12.12.1996 had expressly delegated task of identifying forest areas to Expert Committees to be constituted by State Governments, thereby recognising that there can be no uniform criteria for such identification across the country. (Paras 68 and 69)
Result : Appeals rejected.
JUDGMENT :
Aravind Kumar, J.
1. The present civil appeals arise out of common order dated 30.07.2014 passed by the National Green Tribunal (Western Zone) Bench, Pune1[Hereinafter to be read as “NGT”.] in Application No.14 (THC) of 2013 (WZ) and Application No.16 (THC) of 2013 (WZ) filed by the appellant, whereunder the NGT has disposed of both the applications on the ground that the issue of determination of criteria for the identification of ‘forest’ forms part of the proceedings in TN Godavarman Case2[In Re: TN Godavarman Thirumulpad (Writ Petition No.202 of 1995).] which is presently seized by this Court and hence, granted liberty to the appellant to approach this Court for the remedy. Therefore, the appellant has filed the present civil appeals under Section 22 of the National Green Tribunal Act, 2010, 3[Hereinafter to be referred as “NGT Act, 2010”.] seeking the modification of such criteria.
2. We have heard the arguments of Mr. Sanjay Parikh, Senior Advocate for the Appellant assisted by Ms. Srishti Agnihotri, Ld. Advocate, Mr. Nalin Kohli, Ld. Advocate for State of Goa assisted by Mr. Sanjay Upadhyay, Ld. Advocate, Ms. Suhashini Sen, Ld. Advocate for Union of India and Mr. Mukul Rohatgi, Ld. Senior Advocate for impleading applicant, perused the case-papers.
FACTUAL MATRIX IN BRIEF
3. The challenge in the present appeals revolves around the criteria issued by the Respondent(s) i.e., the State of Goa and Others for the identification of ‘forests’ in the State, hence, it is important to trace the history of adoption of these criteria which are under challenge before us. Accordingly, in the subsequent paragraphs we have traced the brief history of these criteria.
4. Pursuant to the Judgment of the High Court of Bombay in Shivanand Salgaocar v. Tree Officer & Ors., Writ Petition No.162 of 1987 declaring the application of the Forest (Conservation) Act, 19805[Hereinafter to be read as “FCA 1980”.] to all lands, whether government or privately owned, the Conservator of Forests, State of Goa, in 1991 set out the guidelines for identifying ‘forest’ in private properties. Vide letter dated 04.10.1991 the attention of the Ministry of Environment and Forest (MoEF) was sought on the said guidelines with a request to issue suitable guidelines to implement the FCA 1980 on the basis of the aforesaid decision of the Bombay High Court. The guidelines were as follows:
“Criteria for application of Forest (Conservation) Act, 1980 to private forests.
i) Extent of area: Long term viability of a piece of forest land is an important consideration. Obviously, very small patches of forest cannot be viable in the long run from conservation Point of view. Therefore, a minimum extent of area will have to be determined to which the Forest (Cons.) Act, 1980 would be applicable in private and revenue areas not recorded as 'forest'. I propose that this area should be at least 5 hectares. It is not worthy that the Forest (Cons.) Act, 1980 and guidelines made there under do not prescribe any such minimum area for application of the Act.
ii) Proximity and/or contiguity: The proximity of the private forests concerned to a larger forest area and/or its contiguity with the later area should also be an important aspect to consider while examining such areas.
iii) Composition of crop: It is important to prescribe minimum standards in terms of crop composition in order to distinguish forest species from horticultural species. This is particularly relevant in State like Goa where occurrence of large number of cashew, jackfruit and coconut trees in private areas is a common feature. We may perhaps prescribe that at least 75 of the crop should comprise of forest species.
iv) Crown density: It would not be meaningful to apply the Forest (Cons.) Act, 1980 to degraded and open areas under private ownership. Therefore, a minimum crown density of 40% may be adopted as a stan
gpt-4
Private Forests – Criteria – Each State possesses its distinctive geographical features, and as a result, criteria may vary from one State to another.
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In all matters falling with the ambit of the National Green Tribunal, it is only the jurisdiction of the National Green Tribunal which can be invoked; and the petitioners should not be permitted to i....
The court establishes that historical usage and socio-economic context of land use must influence zoning classifications, balancing environmental protection with community needs under the Forest (Con....
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