Forest Land Cannot Be Leased Or Used For Agriculture Without Centre's Prior Approval Under Forest Conservation Act: Supreme Court

The Supreme Court on Thursday held that forest land cannot be leased or used for agricultural purposes without the prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980, and that any such lease granted in violation of the law is illegal and cannot be continued.“This Court in a catena of decisions has passed numerous mandatory directions prohibiting de reservation of forest. Granting permission to cultivate the forest land would essentially require clearing of forest and such a course of action is in the teeth of Section 2 of the Forest (Conservation) Act, 1980 which precludes de-reservation or use of forest land for non-forestry purposes without prior approval of the Central Government… Thus, no permission could have been granted to perpetuate the illegality committed while granting the lease of the forest land to the respondent-Cooperative Society”, the Court observed.On this basis, a bench of Justice Vikram Nath and Justice Sandeep Mehta set aside a Karnataka High Court order which had allowed a cooperative society to seek continuation of a lease over forest land by way of a representation.The Court held that the very grant of lease for agricultural purposes over forest land was illegal and contrary to the Act of 1980 and directed the State Forest Department to restore the land by planting indigenous trees and plants within twelve months.“We are of the firm opinion that the very grant of lease to the respondent-Cooperative Society for agricultural purposes was uncalled for because it led to devastation and deforestation of huge forest area admeasuring nearly 134 acres. The respondent Cooperative Society, having enjoyed cultivatory possession over the forest area for a period of more than 10 years, was not entitled for any further extension of the lease which was in the first place illegally granted. As per the extant statutes, forest lands could not be allowed to be used for non-forestry purposes which would include agriculture”, the Court stated.The Court allowed a civil appeal filed by the State of Karnataka challenging a 2009 judgment of the Karnataka High Court. The High Court had affirmed a Single Judge's 2008 order which granted liberty to Gandhi Jeevan Collective Farming Co-operative Society Limited to submit a representation to the Deputy Conservator of Forests under the relevant rules, with a further direction that the State forward the representation to the Ministry of Environment and Forests, Union of India, for consideration.The dispute related to 134 acres and 6 guntas of land situated in Benachi and Tumarikoppa villages of Kalaghatagi Taluk in Dharwad District. The State Government had granted the land to the respondent cooperative society on a ten-year lease starting from June 30, 1976, for agricultural purposes. During the lease period, the members of the society cleared trees and cultivated the land. After expiry of the lease, the State refused to extend it and terminated the lease by an order dated March 13, 1985.The termination was challenged by the society through writ petitions filed in 1985 and 1987, which were dismissed by the High Court. The society then filed a civil suit seeking protection of possession. Though the trial court partly decreed the suit by restraining the Forest Department from disturbing possession except in accordance with law, the State's appeal and second appeal were dismissed, with the Court observing that the State ought to have taken steps for eviction in accordance with law.Following this, the Forest Department initiated eviction proceedings under the Karnataka Forest Act and the Karnataka Forest Manual. An eviction order was passed on June 22, 2004. The society's appeal before the Conservator of Forests was rejected on December 12, 2006. The Forest Department took possession of the land on January 23, 2007.Before the Supreme Court, the State contended that the land was forest land under the ownership and possession of the Forest Department and was no longer under cultivation. The State relied on the Supreme Court's 1996 order in T.N. Godavarman Thirumulpad v. Union of India and the 2000 order in Centre for Environmental Law, WWF-I v. Union of India, which prohibit de-reservation of forests or use of forest land for non-forest purposes without prior approval of the Central Government.Accepting the State's submissions, the Court held that the grant of lease itself was “uncalled for” as it resulted in deforestation of a large forest area. The Court held that no permission could be granted to perpetuate the illegality committed at the stage of granting the lease.The Court further noted that since the Forest Department had already taken possession of the land in January 2007, the High Court's direction allowing the society to seek continuation of the lease through a representation was unsustainable in law.The Supreme Court directed the Forest Department of Karnataka to restore the forest over the 134 acres by planting...

Forest Land Cannot Be Leased Or Used For Agriculture Without Centre's Prior Approval Under Forest Conservation Act: Supreme Court

Amisha Shrivastava

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