Source: HINDU

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Context

Forests are protected under multiple constitutional, statutory and judicial safeguards due to their ecological significance.

Despite these protections misuse of forest lands through illegal allotments for non-forestry purposes has been rampant.

In a landmark judgment the Supreme Court took suo motu cognizance of such misuse and issued nation-wide directions for reclaiming such lands.

Background of the Case

11.89 hectares of reserved forest in Pune was involved in the case.

Allotted for agricultural purposes in 1998. Sold to a builder in 1999. Received Environmental Clearance in 2007 now quashed by the SC.

The land was under the Revenue Department despite being notified as forest land highlighting inter-departmental conflict and manipulation.

Supreme Court Directives

National-Level Compliance

All Chief Secretaries and UT Administrators must:

Constitute Special Investigation Teams.

Examine if forest lands in possession of Revenue Departments have been illegally allotted to private parties.

Reclamation of Forest Lands

Forest lands illegally allotted must be taken back and handed over to the Forest Department. If repossession is not feasible in public interest monetary compensation must be recovered and used for afforestation.

Timeline

The entire process of investigation and transfer must be completed within one year from the date of the order.

Future Use

Such lands should only be used for afforestation not commercial or non-forestry purposes.

Legal and Constitutional Context

Forest (Conservation) Act 1980

Prohibits de-reservation or use of forest land for non-forest purposes without prior approval of the Central Government.

T.N. Godavarman Thirumulpad v. Union of India (1996)

Landmark SC judgment: All ongoing non-forest activities on forest lands without Central Government’s approval must cease immediately. Present case violates this principle as allotment and clearance happened post-1996. 

Article 48A and Article 51A(g) – Constitution of India

Directive Principles and Fundamental Duties mandate protection and improvement of forests and environment. 

Concerns Highlighted by the Court

Nexus between politicians, bureaucrats and builders is converting green cover into real estate. 

Revenue Departments ignoring objections by Forest Departments, undermining environmental safeguards. 

Lack of compliance with prior SC rulings (e.g., 1996 judgment). 

Role of Central Empowered Committee

CEC Report submitted through amicus curiae K. Parameshwar:

Revealed multiple instances of forest land allotments for non-forestry purposes.

Served as crucial evidence prompting nationwide inquiry.

Way Forward

Strengthen Institutional Mechanisms

Merge forest land records with digital land registry systems.

Empower Forest Departments with enforcement and policing authority over reserved lands.

Ensure Inter-Departmental Coordination

Define clear jurisdiction between Revenue and Forest Departments to avoid overlaps.

Promote Transparency

Publish periodic reports on forest land status especially those reclaimed.

Legislative Reinforcement

Review and amend relevant state laws to align with SC directions and the Forest (Conservation) Act, 1980.

Legal Classification of Forests in India (Based on Management and Ownership)

Reserved Forests

Most protected category under Indian Forest Act, 1927.

Declared by State Government over any forest land or wasteland.

Activities like grazing, hunting and logging are prohibited unless explicitly permitted by a Forest Officer.

Ownership: Government.

Example: Parts of the Western Ghats and core areas of tiger reserves.

Protected Forests

Less protected than reserved forests.

Declared by State Government over any land other than reserved forests where government has proprietary rights.

Government controls access and can regulate cutting of trees, collection of timber, fruits, etc.

Objective: Revenue generation and partial conservation.

Example: Mixed-use forests around human settlements.

Village Forests

Reserved forests assigned to village communities under the Indian Forest Act.

Declared by State Government.

Management is by village communities often under Joint Forest Management.

Use: For meeting local needs—fodder, fuelwood, small timber.

Example: Community-managed forests in Odisha, Madhya Pradesh, etc. 

Ecological Classification of Forests in India (Based on Climate & Rainfall)

Sources:

HINDU