SC bars reduction of forest land unless compensatory land given
What's the story
The Supreme Court has directed the Union and state governments not to reduce forest land unless an equal amount of compensatory land is provided.
The ruling was delivered by a bench of Justices BR Gavai and K Vinod Chandran.
The court said, "We will not permit anything which leads to reduction of forest area."
It restrained until further orders the Centre and the states from taking any step that would reduce forest areas.
Legal disputes
SC ruling amid challenges to Forest Conservation Act amendments
The Supreme Court's decision comes amid legal challenges against the 2023 amendments to the Forest Conservation Act (FCA).
The petitioners claimed that the change in the law would "radically undermine India's decades-old forest governance regime," and also contradict the Supreme Court's ruling by narrowing the definition of forest land that would be included.
Controversial changes
New rules allow clearing trees for compensatory afforestation
Senior Advocate Gopal Sankaranarayanan also raised concerns over new rules allowing trees on forest lands to be cleared for compensatory afforestation.
The court has now ruled that any use of forest land for urgent needs must be compensated with alternative land for reforestation.
Additional Solicitor General Aishwarya Bhati, representing the Centre, said she would file a response within three weeks and further hearings have been scheduled for March 4.
Rule exemptions
SC addresses concerns over new rules granting exemptions
Sankaranarayanan raised three contentions: (i) trees on forest lands are being cleared to give away land for compensatory afforestation (ii) ex post facto approval is not permissible (iii) linear projects have been granted complete exemption under the FCA, which is not permissible.
In response, Justice Gavai asked if forest land was being utilized for compensatory afforestation without proper identification of forests.
The court reiterated that any proposal involving forest lands, like zoos or safaris, needs its approval.
Compliance issues
SC directed states to identify and report forest lands
In February 2024, the Supreme Court directed states and Union Territories to identify and report forest lands as per a 1996 judgment.
However, compliance has been inconsistent with some states not completing the task.
The Ministry of Environment, Forest and Climate Change was directed to digitize and publish these records by April 2024 but is yet to do so.