The court emphasized the necessity of restoring forest ecosystems and removing encroachments to protect biodiversity and combat climate change, while ensuring rehabilitation for displaced workers.

ORDER :

Mehta, J.

1. These petitions raise two important issues for our consideration. The first being the preservation of Reserve Forests, Wildlife Sanctuaries and Tiger Reserves in the State of Tamil Nadu and the other being the claim of the petitioners, being the displaced tea estate workers, claiming rehabilitation pursuant to their eviction from an erstwhile tea estate by the name of Bombay Burma Trading Corporation Limited [for short ‘BBTCL’] located in Singampatti, Tamil Nadu, after the same was declared to be a Reserved Forest, Wildlife Sanctuary and Tiger Reserve under the provisions of the Wild Life (Protection) Act, 1972 [for short ‘Wildlife Act’]. The present petitioners had approached the High Court of Madras by filing various writ petitions, seeking a direction for providing them employment, rehabilitation, and compensation, etc. Another set of writ petitions (Public Interest Litigations), which were analogously heard, raised the important issues of restoration of the degraded forest areas pursuant to their liberation from the cultivations. All the writ petitions were disposed of/closed by the High Court vide a common order dated 3rd December, 2024, giving general directions for the rehabilitation of the erstwhile tea estate workers, leaving the issue of paramount importance, i.e., conservation and restoration of the forest areas inconclusive.

2. Needless to say, that the forests form the lungs of the ecosystem, and any depletion/destruction of forest areas has a direct impact on the entire environment. The world at large is facing the calamities caused by the climate change, and the primary culprit behind this is the depleting forest cover owing to a myriad of issues including rapid urbanization, unchecked industrialization, encroachments, etc.

3. This Court in the continuing mandamus of T.N. Godavarman Thirumalpad v. Union of India and Ors. (2006) 1 SCC 1, has repeatedly issued mandatory directions to the States and other authorities to ensure that the forest cover is maintained/restored and any efforts to encroach thereupon are dealt with by iron hands.

4. India has a forest cover of about 7,15,343 sq. km as per ‘India State of Forest Report 2023’, which is about 21.76% (approx.) of the total landmass of the country. Nepal has 44.74% (approx.), Bhutan has 72% (approx.), and Sri Lanka has 29% (approx.) forest cover. Hence, clearly the forest cover in India is not adequate and needs to be enhanced. A recent report, submitted by the Ministry of Environment and Forests, in proceedings before the National Green Tribunal indicates that almost 13000 sq. kms. area of forests is under encroachment. This Court has time and again taken up this issue and passed mandatory directions to remove the encroachments from the forest areas and to curb any attempt to reduce the forest cover in the country.

5. In this context, we would like to quote the following excerpts from this Court’s judgment in the case of State of Telangana and Others v. Mohd. Abdul Qasim(Dead) Per LRs (2024) 6 SCC 461, authored by Hon. M.M. Sundaresh, J. :-

“29. Forests not only provide for and facilitate the sustenance of life, but they also continue to protect and foster it. They continue to tackle the ever-increasing carbon dioxide emissions produced by humans in the name of development, while striving to sustain all species. Despite the unblemished, selfless and motherly service rendered by forests, man in his folly continues with their destruction, unmindful of the fact that he is inadvertently destroying himself.

30. Consequent to the advent of agriculture, man has destroyed a significant portion of forests at his own peril. Forests serve the Earth in a myriad of ways ranging from regulating carbon emissions, aiding in soil conservation and regulating the water cycle. Water being a life source, its availability for all life forms is heavily dependent upon the aquifers created by forests. Forests also play a pivotal role in controlling pollution, which signifi