Supreme Court Directive on Forest Land Identification
The Supreme Court of India has issued a warning to Chief Secretaries and Administrators of Union Territories for non-compliance in constituting expert committees for forest identification. This follows the December 1996 judgment and subsequent orders. States have one month to form these committees and six months to consolidate forest land records.
Background
- The directive comes after an Additional Solicitor General reported non-compliance by several states with the Supreme Court's prior rulings.
- The 1996 judgment, T.N. Godavarman Thirumulpad vs Union of India, expanded the definition of "forest" to include areas recognized statutorily, regardless of classification.
Van (Sanrakshan Evam Samvardhan) Adhiniyam Rules, 2023
- Rule 16 requires consolidation of forest-like areas, community forest lands, and unclassed lands under conservation law.
Amendments to the Forest Act, 2023
Petitioners argue that these amendments narrow the definition of "forest" to areas notified as forests by law or recorded as forests post-October 1980. This could exclude approximately 1.97 lakh sq.km. of forest from conservation efforts, potentially causing ecological imbalance.
Expert Committees' Role
- Mandated to identify forests, irrespective of notification status or ownership, including degraded or cleared lands and plantations.
- Committees must report findings to the Union government, which will then present the report to the Supreme Court.
Concerns and Clarifications
- Concerns about potential misuse of lands for linear projects despite orders requiring compensatory afforestation was also highlighted.
- The court stated it could not issue orders based on assumptions.
