Supreme Court Upholds Broad Definition of 'Forest', Includes 1.97 Lakh Sq Km of Undecided Lands - 2024-02-19

Supreme Court Upholds Broad Definition of 'Forest', Includes 1.97 Lakh Sq Km of Undecided Lands

New Delhi: The Supreme Court on Monday, in a significant order, directed that the expression ‘forest’ will continue to have a “broad and all-encompassing” meaning for the time being, and include 1.97 lakh square km of undeclared forest lands.

The court, however, directed the government for clarity’s sake to revert to the “dictionary meaning” of ‘forest’ as upheld in a 1996 Supreme Court decision in the TN Godavarman Thirumulpad case.

A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud passed the order on petitions challenging the amendments introduced in 2023 to the Forest (Conservation) Act, 1980.

The 1980 statute was enacted to check further deforestation leading to ecological imbalance.

The petitions had argued that Section 1A introduced through the amended Act had “circumscribed or substantially diluted” the definition of forest to two categories - declared forests and lands recorded as forests in ‘government records’ after 1980.

The Centre, however, denied any attempt to trim the extent of forest coverage. It pointed to the ‘explanation’ to Section 1A, which expanded the term ‘government records’ contained in the provision to include lands recognised as forest by any State or Union Territory authority, local body, council or recognised communities.

However, the court directed the government for clarity’s sake to revert to the “dictionary meaning” of ‘forest’ as upheld in a 1996 Supreme Court decision in the TN Godavarman Thirumulpad case. The term ‘forest’ had been given a broad meaning by the court then to preserve these green expanses, irrespective of their nature, classification or ownership.

“The adoption of this dictionary meaning to forests was made to align with the intent of the Forest Conservation Act, 1980. It is clarified that the expression ’forest’ will cover but not be confined to lands recorded as forests in the government records,” the court noted.

The Bench noted that the “all-encompassing” dictionary meaning upheld by the Supreme Court in the Godavarman Thirumulpad case over 25 years ago would continue to hold field till the States and Union Territories prepare a “consolidated record” of all the lands recorded as ‘forest’ in government records, including forest-like areas, unclassed and community forest lands.

The court said the exercise to prepare such a consolidated record was part of Rule 16 of a notification issued by the Environment Ministry on November 29, 2023, and would take a year.

“We clarify that pending the completion of this exercise by the States and Union Territories under Rule 16, the principles in TN Godavarman Thirumulpad must continue to be observed,” the court ordered.

The Bench ordered the Environment Ministry to issue a circular in this regard to the States and Union Territories.

The court directed the Union government to require States and Union Territories, within two weeks, to forward the “comprehensive records” of forest lands their respective expert committees had identified in pursuance of the apex court’s orders in the Godavarman Thirumulpad case.

The States and UTs have to forward the records by March 31, 2024. The Environment Ministry has to publish these records on its website by April 15, 2024.

The Bench further directed that the establishment of “zoos or safaris” by any government or authority should not be consented to without the final approval of the apex court. The court listed the case again in July 2024.