Supreme Court Upholds Expansive Definition of Forests
Image Source: BW Legal World
In a groundbreaking decision, the Supreme Court reaffirmed the broad and inclusive interpretation of the term ‘forest’, extending its coverage to encompass 1.97 lakh square km of previously undeclared forest lands. This ruling stems from petitions challenging the amendments to the Forest Conservation Act of 2023, which were perceived to restrict the definition of forests to only declared areas and lands recorded as forests in government records post-1980.
Despite arguments from petitioners asserting a dilution of forest classification, the Court emphasized the need for clarity by reverting to the “dictionary meaning” of forests as established in a landmark 1996 case. This interpretation, upheld by the Court over 25 years ago, emphasizes the preservation of green expanses regardless of their nature, classification, or ownership status.
Furthermore, the Court directed the initiation of a comprehensive record compilation exercise by States and union territories to identify all forest lands, including forest-like areas, unclassed lands, and community forest lands. This process, mandated under Rule 16 of a notification issued by the Environment Ministry, is expected to take a year to complete.
Until the compilation is finalized, the principles outlined in the Godavarman Thirumulpad case will continue to guide forest classification. To facilitate this, the Environment Ministry has been instructed to issue a circular to States and union territories, requiring them to submit comprehensive records of identified forest lands by March 31, 2024. These records will subsequently be published on the ministry’s website by April 15, 2024.
In addition, the Court imposed restrictions on the establishment of zoos or safaris, stipulating that their development must receive final approval from the apex court. This underscores the judiciary’s commitment to ensuring ecological preservation and sustainable forest management.
With the case scheduled for further review in July 2024, stakeholders eagerly await the continued evolution of forest conservation policies in line with environmental protection and preservation efforts.
Team Profile
- News Writer
- Rays Roy, hailing originally from Wayanad, Kerala, now resides in Hyderabad. Having completed intermediate studies at Little Flower Junior College, Rays is currently a first-year student pursuing a BA in Digital Communication at The English and Foreign Languages University in Tarnaka.
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