Supreme Court Explains Meaning Of "Forests"; Holds Non-Forest Activities Cannot Be Permitted Without Prior Approval From Central Govt

The Supreme Court held that prior permission of the Central Government is required to allow any change of user of forest or deemed forest land.The bench comprising Justices AM Khanwilkar, Abhay S. Oka and CT Ravikumar held that the lands covered by the special orders issued under Section 4 of Punjab Land Preservation Act,1900, have all the trappings of forest lands within the meaning of Section 2 of the Forest (Conservation) Act, 1980.Therefore, the State Government or competent authority cannot permit its use for non-forest activities without the prior approval of the Central Government with effect from 25th October 1980, the bench held. The court thus directed all the concerned authorities to take action to remove the remaining illegal structures standing on land covered by the special orders and used for non-forest activities on the said lands erected after 25th October 1980, without prior approval of the Central Government, and further to restore status quo ante including to undertake reforestation/afforestation programmes in right earnest.BackgroundThe court was considering certain writ petitions and appeals filed by owners of owners of marriage halls and restaurants and residents of the land covered under special orders issued under Section 4 PLPA Act. The appeals challenged an order passed by National Green Tribunal restraining the carrying on of any non-forest activities in the lands at village Anangpur (in State of Haryana) covered by the order dated 18th August 1992 issued under Section 4 of Punjab Land Preservation Act,1900. The Tribunal had held that those lands are forest lands within the meaning of the Forest (Conservation) Act, 1980. The Appellants are owners of marriage halls and restaurants on the said land. Also, some persons who claim to be the holders of the lands in Villages Anangpur, Ankhir and Mewla Maharajpur in Tehsil Ballabhgarh, District Faribadad in the State of Haryana, filed writ petitions challenging a public notices issued by the Municipal Corporation of Faridabad to remove illegally constructed farm houses/banquet halls/ structures on forest lands.IssueTherefore, the common issue raised by Appellants and writ petitioners in these appeals/writ petition, was whether a land covered under a special order issued by the Government of Haryana under Section 4 of the Punjab Land Preservation Act, 1900 ('PLPA') is a 'forest land' within the meaning of the (the 1980 Forest Act')?State Govt/Competent Authority cannot permit such use for non-forest activities without obtaining prior approval from the Central Govt.To consider this issue, the bench first noted the concept of forest under the 1927 Forest Act and that under the 1980 Forest Act. The bench also noticed the 1980 Act does not provide for an absolute prohibition on the use of any forest land or a part thereof for any non-forest purposes."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."Central Government to regulate non forest use of forest landsThe court observed that the object of the embargo on permitting non-forest use of forest land without prior permission of the Central Government is not to completely prevent the conduct of non-forest activities . It said"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...

Supreme Court Explains Meaning Of "Forests"; Holds Non-Forest Activities Cannot Be Permitted Without Prior Approval From Central Govt

Ashok KM

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