NEW DELHI: In a blow to the Union government's effort to divert forest land for non-forestry purposes, the Supreme Court has reinstated some earlier provisions meant to conserve deemed forest which was formally not recorded as forest in the state forest department’s records. The court has also directed not to allow the setting up of zoos or safaris on forest land.
Last year, the government passed contentious amendments to the Forest (Conservation) Amendment (FCA) Act 2023 which diluted many conservation provisions despite protests from every stakeholder including members of the Joint Parliamentary Committee.
After this amendment, many retired Indian forest officials, environmentalists and activists approached the Supreme Court against the amendment, demanding an interim stay of the guidelines and the rules issued by the Ministry of Environment, Forest and Climate Change (MoEFCC).
Also, the petitioners argued that the amendment as it would change the governance of the forest and spell disaster for the country’s forest resources together with the livelihood of millions of people dependent on those resources.
On November 30, last year, the MoEFCC assured the court that no precipitative action would be taken so as to dilute the dictionary meaning of forest as observed in the Supreme Court judgement in TN GodavarmanThirumalpad case in 1996.
In fact, the government had violated the assurances given to the court. Rules and guidelines of the Act had been notified one day before that order.
The said amendment diluted one of the major provisions which protect deemed forest under the Supreme Court judgement in the TN Godavarman Thirumalpad case where a large chunk of forest land is recorded as a forest without formal notification. These forests are considered to be forests but not in the record of the forest department.
Today in its interim order, the Court asked the state and union governments to not act contrary to the definition of 'forest' laid down in the 1996 judgment in the GodavarmanThirumalpad case while the process of identifying land recorded as forests in Govt records is going on as per the 2023 amendment to Forest (Conservation) Act.
Further, the court has also asked the government of India to provide a comprehensive record of land which has been identified as forests by the expert committees constituted as per the TN Godavarman judgment.
It is worth mentioning that the State government had constituted an empowered committee to identify and document land in 1991. Some state governments had one while some did not complete the documentation.
Moreover, in its interim order, the court also ordered the prohibition of zoos or safaris in forest land.
The Court ordered that any proposal for the establishment of zoos/safaris as referred to the Wildlife Protection Act owned by Govt or any authority in forest areas other than protected areas shall not be finally approved save and except with the prior permission of the Supreme Court.
