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.

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.

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