Ashok Kumar Sharma, Indian Forest Service (Retired) and Others vs Union of India and Another

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Dr Dhananjaya Y Chandrachud, CJ, J B Pardiwala, J, Manoj Misra, J
Ashok Kumar Sharma, Indian Forest Service (Retired) and Others – Appellant
Versus
Union of India and Another – Respondent

Advocates:
For the Appellants/Petitioners: Mr. Prashanto Chandra Sen, Mr. Kaushik Choudhury, Ms. Shibani Ghosh, Mr. Jyotirmoy Chatterjee, Ms. Khyati Jain, Ms. Akshata Chhabra, Mr. Yogesh Malik, Mr. Saksham Garg
For the Respondents: Ms. Aishwarya Bhati, Mr. Gurmeet Singh Makker, Ms. Ruchi Kohli, Ms. Bani Dixit, Mr. Rajat Nair, Mr. Sridhar Pottaraju, Mr. Kanu Agarwal, Dr. N. Visakamurthy

Table of Content
1. amendments narrow forest protections. (Para 1 , 3)
2. broad definitions of 'forest' must be retained. (Para 2)

ORDER

1 In T N Godavarman Thirumulpad vs Union of India ¹, this Court while noting that the Forest Conservation Act 1980 was enacted to curb the deforestation which results in an ecological imbalance, indicated that the 1 (1997) 2 SCC 267 Digitally signed by CHETAN KUMAR Date: 2024.02.28 16:20:58 IST Reason:

Signature Not Verified provisions incorporated to conserve forests and for other connected matters “must apply to all forests irrespective of the nature of ownership or classification”. Apart from the above principle, the Court spelt out in paragraph 4 of the order, the meaning which must be attributed to the expression ‘forest’. For convenience of reference, it would be appropriate to disaggregate the contents of paragraph 4 so as to indicate the components of the expression ‘forest’ as explained in the order of this Court:

T N Godavarman

(supra)

Secondly, the description of the expression ‘for

Click Here to Read the rest of this document

Dr Dhananjaya Y Chandrachud, CJ, J B Pardiwala, J, Manoj Misra, JAshok Kumar Sharma, Indian Forest Service (Retired) and Others – AppellantVersusUnion of India and Another – Respondent

Cases Referred (1)

Dr Dhananjaya Y Chandrachud, CJ, J B Pardiwala, J, Manoj Misra, J
Ashok Kumar Sharma, Indian Forest Service (Retired) and Others – Appellant
Versus
Union of India and Another – Respondent