Context: The Supreme Court, 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.
Definition of forest
Under Forest Conservation Amendment Act 2023
- The following land shall be covered under the provisions of this Act, namely: —
- the land that has been declared or notified as a forest in accordance with the provisions of the Indian Forest Act, 1927 or under any other law for the time being in force.
- the land that is not covered under clause (a), but has been recorded in Government record as forest, as on or after the 25th of October 1980:
- Provided that the provisions of this clause shall not apply to such land, which has been changed from forest use to use for non-forest purpose on or before the 12th of December 1996 in pursuance of an order, issued by any authority authorized by a State Government or a Union territory Administration in that behalf.
- Explanation. —For the purposes of this sub-section, the expression
- "Government record" means record held by Revenue Department or Forest Department of the State Government or Union territory Administration, or any authority, local body, community, or council recognized by the State Government or Union territory Administration.
The following categories of land shall not be covered under the provisions of this Act, namely: —
- such forest land situated alongside a rail line, or a public road maintained by the Government, which provides access to a habitation, or to a rail, and roadside amenity up to a maximum size of 0.10 hectare in each case.
- such tree, tree plantation or reafforestation raised on lands that are not specified in clause (a) or clause (b) of sub-section (1); and
- such forest land, —
- as is situated within a distance of one hundred kilometers along international borders or Line of Control or Line of Actual Control, as the case may be, proposed to be used for construction of strategic linear project of national importance and concerning national security; or
- up to ten hectares, proposed to be used for construction of security related infrastructure; or
- as is proposed to be used for construction of defense related project or a camp for paramilitary forces or public utility projects, as may be specified by the Central Government, the extent of which does not exceed five hectares in a Left-Wing Extremism affected area as may be notified by the Central Government.
- The exemption provided under sub-section (2) shall be subject to such terms and conditions, including the conditions of planting trees to compensate felling of trees undertaken on the lands, as the Central Government may, by guidelines, specify.’
Godavarman case
- The Supreme Court judgment in TN. Godavarman Thirumulpad v Union of India (1996) case expanded the scope of such protection.
- Under it, areas conforming to the ‘dictionary’ meaning of forests were protected even if it is not notified by government or in historical records.
Recent judgement
- 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, local body, council, or recognised communities.
- However, the court directed the government to revert to the “dictionary meaning” of ‘forest’ as upheld by it in a 1996 decision in the T.N. Godavarman Thirumulpad case.
- The Bench said that the same dictionary meaning 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.