Surya Kant, J. - Forests have been an integral part of human existence since ages and have been both revered and feared. They were regarded as Gods abode and a strict prohibition was placed on cutting living trees. In the old text books, we find reference to Forests existing across the length and breadth of our country. The banyan tree which is still worshipped as a holy and sacred tree, occupies a special position in the holy Bhagwat Gita itself. Gautam Budha achieved salvation under a Banyan tree and preached the doctrine of compassion towards all creatures on earth. He said, "Forest is a peculiar organism of unlimited kindness and benevolence, that makes no demands for its sustenance and extends generosity through its products of life activity. It affords protection to all beings offering shade even to the axe man, who destroys it". The great epic Ramayana too describes the existence of forests where Lord Rama spent his exile period. So much was the concern for the forest and trees that a tree has been compared with a human being and it is said :-

(1) As is a mighty tree so, indeed, is a man; his hair are leaves and his skin is its outer bark.

(2) From his skin blood flows forth and sap from the skin (of the tree). Therefore, when a man is wounded blood flows as sap from a tree that is struck.

(3) His flesh is its inner bark, his nerves are like inner fibres. His bones are the wood within and the marrow is made resembling the pith.

(4) A tree when it is felled springs up from its root in a newer form; from what root does man spring forth when he is cut off by death ?

(5) If a tree is pulled up with the root, it will not spring again. From what root does a mortal spring forth when he is cut off by death ?

It is believed that during Mauryan period about 85% of the land of the then India was covered by forests as compared to the present forest cover which is only 19.39%. Depletion of forests is a stark truth despite efforts to expand the reserve forests. Forests are being denuded day-by-day, causing serious challenge to the ecological balance. The preservation of natural resources like forests, suffers within its fold the competing claims of humans on these very resources for their sustenance and livelihood. How to maintain sustainable development and reconcile the "ecological imperatives" with the "economic necessities" is one of the greatest challenges before us. Efforts have been made to look for the solution through environmental laws which are based on two broad legal principles of "eminent domain" and "criminal laws". In view of the perceived shortcomings of the criminal law in dealing with environment related crimes, there is a desperate need for an effective and deterrent law which apart from being free from technicalities, should burden the violators with severe penal consequences with a self-contained speedy mechanism.

The legal principle of "eminent domain", particularly in relation to the natural resources like forests and mines, is not a new phenomenon and appears to have been coined long back in the Maurayan era by none else than the Kautiliya in his Arthshastra. While explaining duties of a King (Chapter II) regarding "disposal of non-agricultural land", Kautiliya says - "And he should establish forests, one each for the products indicated as forest produce, as well as factories for goods made from forest produce, and (settle) foresters, attached to the produce-forests." In Chapter XVII, Kautiliya explains the requirement of appointment of "The Director of Forest Products" to perform the prescribed duties. In Chapter VII, Kautiliya mentioned the resources of "State economy", including the "land" which cannot be used for agriculture because it is unsuited being of inferior quality but to be used either for pastures or forests. He further says, "quite a substantial income may be supposed to go to the State from its forest wealth....."

The concept of "eminent domain" was based upon the premise that the State being so