Eviction from Forest Land & Rights
The petitioners challenged their eviction from forest land, asserting protection under the Forest Rights Act and related statutes. The court emphasized the importance of restricting non-forest activities to preserve ecological balance and referenced previous judgments such as Chief Conservator of Forest vs. (02500069884).
Definition of Non-Forest Purpose
Multiple sources clarify that non-forest purpose involves breaking up or clearing forest land for activities like agriculture, mining, or development. The Forest (Conservation) Act, 1980, restricts dereservation and non-forest use of forest land without prior approval from the central government (INDNGT00000014670, 03280, 07823, 13246). This definition is crucial in cases involving land use changes, including the Godhaverman case.
Legal Framework & Restrictions
The Act prohibits de-reservation of forests or their use for non-forest purposes without government approval, aiming to protect forest ecosystems, carbon sequestration, and biodiversity (02500029133, 02500075236). The Forest Act, 1927, and the Wild Life Protection Act, 1972, also provide protective measures.
Case Specifics & Environmental Concerns
In the Godhaverman case, the land involved was near a forest, with the lease located approximately 2500 meters from the forest boundary (INDNGT00000027934, 27984). The case highlighted environmental risks from activities like illegal mining, which threaten forest areas and water resources, including groundwater levels and nearby dams.
Judicial Observations & Guidelines
Courts have underscored the need for detailed guidelines for tree felling and land use, especially on non-forest lands used for plantations or development. The importance of demarcating danger zones and ensuring activities do not harm forest ecosystems is emphasized (01702009786, 13246).
The Godhaverman case underscores the legal protections accorded to forest land under Indian law, especially concerning non-forest activities like mining and land clearing. The courts consistently reinforce that such activities require prior approval to prevent ecological damage. The case illustrates the delicate balance between development and conservation, emphasizing strict adherence to statutory provisions to safeguard forests and their ecological functions.
References:
- 02500069884, 02500029133, 02500075236, 01702009786, INDNGT00000014670, INDNGT00000003280, INDNGT00000007823, INDNGT00000013246, INDNGT00000027934, 27984
Fact of the Case: The petitioners challenged their eviction from forest land and claimed protection under the Forest ... Eviction - Forest Rights - Indian Forest Act, 1927, Section 61-B(2), Wild Life (Protection) Act, 1972, Section 34-A - The court ... It also emphasized the need to restrict non-forest activities in forest areas to maintain ecological balance. ... He further cited another case i.e. Chief Conservator of Forest Vs.....
Section 2 (15.3.1989)] - For the purpose of this section, "non-forest purpose" means the breaking up or clearing of any forest land or portion thereof for- Forest (Conservation) Act, 1980 restricts the dereservation of forests or use of forest land for non-forest purpose except with prior approval of Government of India, MoEF for such non-forest use. ... (C) No.202/1995 T.N.Godhavarman Versus Union of India & Ors. which is extract....
run the shop, which was not related in any manner to the forest activities nor they depend upon any relative activity of forest—Non-forest ... land and restriction on the different reservation of forests or use of forest land or non-forest use has been imposed—Petitioners ... Forest Act, 1927—Section 61-B(2)—Wild Life (Protection) Act, 1972—Section 34-A—Scheduled Tribes and Other Traditional Forest Dwellers ... He further cited another case....
Section 2 (15.3.1989)] - For the purpose of this section, "non-forest purpose" means the breaking up or clearing of any forest land or portion thereof for- Forest (Conservation) Act , 1980 restricts the dereservation of forests or use of forest land for non-forest purpose except with prior approval of Government of India, MoEF for such non-forest use. ... (C) No.202/1995 T.N.Godhavarman Versus Union of India & Ors. which is extrac....
Section 2 (15.3.1989)] - For the purpose of this section, "non-forest purpose" means the breaking up or clearing of any forest land or portion thereof for- Forest (Conservation) Act, 1980 restricts the dereservation of forests or use of forest land for non-forest purpose except with prior approval of Government of India, MoEF for such non-forest use. ... (C) No.202/1995 T.N.Godhavarman Versus Union of India & Ors. which is extract....
(Indian) Forest Act, 1927—Sections 51-A, 2(6), 2(7)—Forest Conservation Act, 1980—Section 2—U.P. ... Loss of forest also means that the vital role the forest plays in carbon storage and carbon sequestration was no longer possible. ... Forest Corporation is in a particular shape and size, which is measured in cubic metres. If wood was sold by the U.P. Forest Corporation to the petitioners, the State could have made out a case justifying their costing.....
, be treated as Forest. ... of "forest land" — Only such areas which are identified as "forest land" by the District Level Committees constituted by State Government ... ... (b) Forest Conservation Act, 1980, Sec. 2 — Scope and meaning ... Godaverman supra wherein, it was observed that “for felling of trees from non-forest area including in respect of plantation on non-forest area, detailed guidelines/rules shall be framed by the concerned State Govt. which shall co....
(Paras 19-25) ... ... Facts of the case: ... The Applicant alleged illegal mining causing damage ... That the District Forest Officer, Jhunjhunu has submitted that Lease M.L. No. 20/04, village: Modi (Gorir), Tehsil: Khetri, Jhunjhunu is situated 2500 meter away from nearest forest area. ... The danger zone shall be distinctly demarcated (by means of red flags or other suitable means) at least 30 minutes before firing of holes. ... The said mining area on hill is the only one green forest#H....
(Paras 12, 22, 23) ... ... Facts of the case: ... The applicant contended that ... That the District Forest Officer, Jhunjhunu has submitted that Lease M.L. No. 20/04, village: Modi (Gorir), Tehsil: Khetri, Jhunjhunu is situated 2500 meter away from nearest forest area. ... The said mining area on hill is the only one green forest and gouchar land in the village which is getting damaged due to heavy blasting and dust fall. There is danger to the nearby Modi Ilakhar Dam and lowering of groundwater table due to severe v....
[Substituted by the Forest (Conservation) Amendment Act (69 of 1988), Section 2 (15.3.1989)] - For the purpose of this section, "non-forest purpose" means the breaking up or clearing of any forest land or portion thereof for- (a) the cultivation of tea, coffee, spices, rubber, ... Section 2 of the Forest (Conservation) Act 1980 reads as under :- “2. Restriction on the de-reservation of forests or use of forest land for non-forest purpose. ... This m....
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