In a landmark order, the Supreme Court has directed that neither the Central government nor State governments shall take any steps leading to a reduction of forest land unless compensatory land is provided for afforestation. The ruling came on February 3 while the Court was hearing a batch of petitions challenging the constitutional validity of the Forest Conservation Amendment Act, 2023.
A Bench comprising Justice BR Gavai and Justice K Vinod Chandran made it clear that:
“Until further orders, no steps will be taken by the Union of India or any of the States, which will lead to reduction of the forest land unless a compensatory land is provided either by the State Government or the Union of India for the purpose of afforestation.”
The petitions argued that the Forest (Conservation) Amendment Act, 2023, weakens forest protection by restricting the definition of “forest” as established in the 1996 judgment T N Godavarman v. Union of India, where the apex court had ruled that even the dictionary meaning of ‘forest’ must be included in legal interpretations. The petitioners contended that the amendment excludes large tracts of forest land that were previously protected.
Key Concerns Raised
- The amendment allows forest land to be diverted for linear projects, public utility projects, and security projects.
- Forests within 100 km of India’s borders have been exempted from protection.
- The amendment enables the use of unclassed forests for compensatory afforestation, which critics argue violates the National Forest Policy, 1988.
- The Van (Samrakshan Evam Samvardhan) Rules, 2023, enacted after the amendment, allow state forest departments to approve land diversion applications, making junior officers vulnerable to political and bureaucratic pressure.
Government’s Response
Additional Solicitor General Aishwarya Bhati, representing the Central government, defended the amendment, stating that its purpose was not to dilute forest protection but to implement the T N Godavarman ruling. She assured the Court that a status report will be submitted before the next hearing on March 4.
What’s Next?
With the Supreme Court’s interim direction, any reduction in forest land is now subject to compensatory afforestation, preventing potential misuse of the amendment. The case is set for further hearings, where the Court will decide on the constitutionality of the amendment and its impact on India’s forest conservation framework.
Case: Ashok Kumar Sharma, Indian Forest Service (Retd) & Ors. Vs Union Of India & Anr – Available on LAWFYI.IO
