States/UTs to act as per the definition of “forest” as laid down in the TN Godavarman Thirumulpad (1996) Judgment: Supreme Court (SC) | Current Affairs | Vision IAS
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    States/UTs to act as per the definition of “forest” as laid down in the TN Godavarman Thirumulpad (1996) Judgment: Supreme Court (SC)

    Posted 20 Feb 2024

    2 min read

    • SC passed an interim order while hearing writ petitions challenging the Forest Conservation (Amendment) (FCA) Act 2023
      • This Act amended the Forest (Conservation) Act 1980.
        • FCA Act, 1980 put several restrictions on the de-reservation of forests or use of forest land for non-forest purposes. 

     

    • Key Highlights of Direction 
      • Follow the dictionary meaning of ‘forest’ as given in TN Godavarman Thirumulpad (1996) Judgment. FCA Act 2023 placed non-recorded forests out of the purview of the FCA Act, 1980, leaving large areas of forests unprotected.
        • It covered land declared/notified as a forest under the Indian Forest Act, 1927 or other laws.
        • Land recorded in Government records (records held by Revenue Department/Forest Department of the State/UT Governments etc.) as forest, as on or after 1980.
        • Also it exempted certain types of land from the purview of the Act such as Forest land up to 10 hectares. 
      • Establishment of “zoos or safaris” by any government or authority should not be consented to without the final approval of the apex court.
        • FCA Act 2023 excluded zoos or safaris from the definition of non-forest purposes, along with eco-tourism facilities, silvicultural operations etc. 

     

    T.N. Godavarman Thirumulpad vs Union of India Case (1996) 

    • Till 1996, concerned authorities used to apply the provisions of the Act only to the forests notified under the Indian Forest Act of 1927. 
    • As per Judgement “forest” covered include:
      • All areas recorded as “forest” in any government (Union and State) record. 
      • All areas that conformed to the “dictionary” meaning of forest.
      • Areas are identified as “forests” by expert committees formed on SC's direction. 
    • Tags :
    • Forest Definition
    • Godavarman Judgment
    • FCA Act 2023
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