Supreme Court Explains Meaning Of Forests; Holds Non-Forest Activities Cannot Be Permitted Without Prior Approval From Central Govt
Case: Narinder Singh vs Divesh Bhutani
Coram: Justices AM Khanwilkar, Abhay S. Oka and CT Ravikumar
Case No.: CA 10294 OF 2013
Court Observation: “The State Government or any other authority can always permit the use of any forest land or any portion thereof for non-forest purposes only with the prior approval of the Central Government. In a sense, this enactment provides for permissive use of forest land for non-forest activities with the prior approval of the Central Government. Therefore, the owner of a private land which is a forest within the meaning of Section can convert its use for non-forest purposes only after obtaining requisite permission of the State Government or concerned competent authority. However, the State Government or the competent authority, as the case may be, cannot permit such use for non-forest activities without obtaining prior approval from the Central Government. This provision has been made to check further depletion of already depleted green cover and to ensure that only such non forest activities are permitted by the Central Government which will not cause ecological imbalance leading to environmental degradation. Considering the scheme of the 1980 Forest Act, the title holder of a private land which is a forest within the meaning of Section 2 is not divested of his right, title or interest in the land. But there is an embargo on using his forest land for any non-forest activity.”
“This provision enables the Central Government to regulate non forest use of forest lands. While exercising the power to approve non-forest use, the Central Government is under a mandate to keep in mind the principles of sustainable development as evolved by this Court including in its decision in the case of Rajeev Suri . The embargo imposed by Section 2 ensures that the development and use of a forest land for non-forest use is governed by the principle of sustainable development. In a sense, Section 2 promotes the development work on forest land only to the extent it can be sustained while alleviating environmental concerns. The power given to the Central Government under Section 2 must be exercised by adopting scientific and consistent yardsticks for applying the principles of sustainable development”
When we consider the meaning of a forest or forest land within the meaning of Clauses (ii) to (iv) of Section 2, it has to be a large or extensive tract of land having a dense growth of trees, thickets, mangroves etc. A small isolated plot of land will not come within the ambit of Clauses (ii) to (iv) of Section 2 merely because there are some trees or thickets thereon, as opposed to extensive tract of land covered with dense growth of trees and underbrush or plants resembling a forest in profusion or lushness.
Thus, it appears to us that various restrictions, regulations and prohibitions in different clauses in Section 4 of PLPA can be invoked necessarily in respect of forest lands. Whereas, Section 3 of PLPA contemplates the issuance of a general notification in respect of any area subject to erosion or likely to become liable to erosion when it appears to the State Government that it is desirable to provide for the conservation of sub-soil water or the prevention of erosion. As noted earlier, one of the objectives of PLPA is to prevent erosion of land which may be caused due to 59 deforestation. When the State Government is satisfied that as a result of deforestation or impending deforestation, erosion of a particular area out of the area notified under Section 3 is likely to take place, the State Government may exercise the power under Section 4 by issuing a special order. The reason is that the measures provided in Section 4 are intended to prevent deforestation of a forest area. Section 3 of PLPA contemplates the issuance of a notification in respect of a larger area when it is desirable to provide for the conservation of sub-soil water or prevention of erosion. When the State Government is satisfied that deforestation of a forest area forming part of a larger area notified under Section 3 is likely to lead to erosion of soil, the power under Section 4 can be exercised. Therefore, it follows that the specific land in respect of which a special order under section 4 of PLPA has been issued will have all the trappings of a forest governed by clauses (ii) to (iv) of Section 2 of the 1980 Forest Act. Therefore, in respect of the lands covered by special orders under Section 4 of PLPA, the State Government or authorities of the State can permit diversion to non-forest use only after prior approval of the Central Government is granted in accordance with Section 2 of the 1980 Forest Act.
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Keywords
Supreme Court Explains Meaning Of Forests, Supreme Court Explains Meaning Of Forests & Non-Forest Activities
