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Informist, Monday, Feb. 3, 2025

 

NEW DELHI – The Supreme Court, which was hearing petitions challenging the amendments to the Forest (Conservation) Act, 1980, said on Monday that until further orders, the Centre and state governments should not take any steps which will lead to reduction of area covered by forests, unless a compensatory land is provided by them. "We will not permit anything which leads to reduction of forest area," the court said.

 

The petitions were filed by a group of retired Indian Forest Service officials and former bureaucrats, and the non-government organisation Vanashakti. They objected to the amendments made to the forest conservation law, saying that the expansive definition of forest given by the Supreme Court in its Godavarman Thirumalpad versus Union of India judgement in 1996 has been narrowed down. As per the 1996 judgement, the forest has to be understood in terms of its dictionary meaning. However, the government has said, "All forests, including unclassed forests, recorded in record of government, forest department, local bodies, or authorities will also attract provisions of the Act..."

 

The petitioners also questioned the inclusion of zoos and safaris under non-forestry activities. They also contested other exemptions like setting up of security infrastructure and projects of strategic importance near border areas in forest land. The amendments exempt land within 100 km of the country's international borders from the purview of forest conservation laws and permit the setting up of zoos, safaris and eco-tourism facilities in forest areas. They also made it mandatory for state governments to seek the approval of the Centre before assigning any forest land to a private entity.  

 

On Feb. 19, 2024, the apex court had said that its prior permission will be needed for setting up any zoo or safari in a forest. The court had further directed states and Union Territories to act as per the definition of "forest" as laid down in its earlier order, while the process of identifying land records in government records was on as per the amendments.  End

 

Reported by Surya Tripathi

Edited by Tanima Banerjee

 

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