SC halts reduction of forest land, restrains centre & states from diverting green cover

Supreme Court issues interim order preventing any reduction in forest areas without compensatory land; hearing on amended Forest Conservation Law set for March 4.

The Supreme Court of India on Monday directed the Centre and states to refrain from taking any steps that would reduce forest areas under the amended Forest Conservation Law, 2023, unless compensatory land is provided.

A bench comprising Justices B R Gavai and K Vinod Chandran issued the order while hearing a batch of petitions challenging amendments to the 2023 law, which allegedly excludes nearly 1.99 lakh square kilometers of forest land from the definition of "forest".

Supreme Court’s Directive on Forest Land Protection

"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 or any state that will result in a decrease of forest land unless compensatory land is provided," the bench ruled.

Centre to Submit Response, Hearing Set for March 4

Additional Solicitor General Aishwarya Bhati, appearing for the Central government, assured the court that a response to the applications will be filed within three weeks. A status report will also be submitted before the next hearing on March 4.

One of the petitioners' advocates argued that the pleadings were complete and that the issue revolves around the constitutional validity of the amendments.

Impact of the Amended Forest Conservation Law, 2023

The Forest (Conservation) Amendment Act, 2023 has been under scrutiny since its passage, as it alters the definition of forest lands. Under the new provisions, land must be either:

Notified as a forest

Specifically recorded as forest land in government records

This change is alleged to have narrowed the broad definition of forests established in the 1996 Supreme Court judgment in TN Godavarman Thirumulpad v. Union of India.

SC Mandates Clearance for New Zoos & Safaris in Forest Areas

The Supreme Court also ruled that any new proposals for opening zoos or setting up "safaris" on forest land must receive prior approval from the court.

Additionally, the state governments and union territories have been directed to submit detailed records of forest lands within their jurisdictions to the Centre by March 31, 2024. The Ministry of Environment, Forest & Climate Change must publish this data online by April 15, 2024.

Legal Battle Over Forest Conservation Amendments

The petitioners have challenged the constitutionality of the amended law, seeking to have it struck down as null and void. They argue that the amendment contradicts previous Supreme Court rulings and could lead to large-scale deforestation.

The Centre maintains that the amendments were made in compliance with the top court’s earlier directions, but environmentalists and activists warn of potential ecological consequences.

As the case progresses, the Supreme Court’s decision could have a significant impact on India’s forest conservation policies.