New Delhi, Feb 3 (PTI) – The Supreme Court on Monday issued an interim order restraining the Centre and state governments from taking any steps that would lead to a reduction of forest areas, pending further directives.
A bench comprising Justices B R Gavai and K Vinod Chandran was hearing multiple petitions challenging the amendments made to the Forest Conservation Act, 2023. The bench made it clear that no action diminishing forest land would be permitted unless compensatory land was provided by the Centre and respective state governments.
"We will not permit anything which leads to a reduction of forest area. Until further orders, no steps shall be taken by the Union of India and any state that would reduce forest land unless compensatory land is provided," the bench stated firmly.
Centre to Submit Response in Three Weeks
Appearing for the Centre, Additional Solicitor General Aishwarya Bhati assured the court that a response to the applications filed in the matter would be submitted within three weeks. She also confirmed that a status report would be placed before the court ahead of the next scheduled hearing on March 4.One of the advocates involved in the case argued that all necessary pleadings had been completed and that the petitions primarily contested the amendments to the Forest Conservation Act, 2023.
Concerns Over Exclusion of Nearly 1.99 Lakh Sq Km of Forest Land
The Supreme Court had earlier noted concerns about the definition of "forest" under the amended law. It observed that the new law left out nearly 1.99 lakh square kilometers of forest land, thereby making it available for non-forest purposes.In response, the bench ruled that any new proposals for zoos or safaris on forest land would now require direct approval from the Supreme Court. Furthermore, the state governments and union territories were directed to submit details of forest land under their jurisdiction to the Centre by March 31, 2024. The Ministry of Environment, Forest and Climate Change (MoEFCC) was ordered to upload details of forest-like areas, unclassified forest lands, and community forest lands on its website by April 15, 2024.
Court Reaffirms 1996 Definition of "Forest"
The court also reinforced the 1996 ruling in TN Godavarman Thirumulpad v. Union of India, directing states and union territories to adhere to the definition of "forest" established in that judgment.Petitioners in the case argued that the wide definition of forests in the 1996 ruling had been significantly narrowed under Section 1A of the amended law. As per the new amendment, land would qualify as a forest only if it was either notified as a forest or recorded as a forest in government documents.
The Centre defended the amendments, stating that they were enacted in accordance with Supreme Court directives. The Forest (Conservation) Amendment Bill, 2023, was introduced on March 27, 2023, but the petitioners have challenged its constitutionality, demanding that it be struck down as null and void.
The matter is now scheduled for further hearing on March 4, 2024.
