Himachal Pradesh Government to Seek Supreme Court Amendment for Disaster Relief

Government's Initiative for Land Accessibility

Sunil Chadha
Shimla: The government of Himachal Pradesh is preparing to approach the Supreme Court to request changes to the Forest Conservation Act (FCA) of 1980. This move aims to secure land for housing and development for families affected by disasters.

Revenue Minister Jagat Singh Negi announced that a petition will be submitted to the Supreme Court within the next fortnight. Additionally, the state will join the Godavarman case, a pivotal legal matter that has greatly impacted forest laws and their application in India.

Negi elaborated that a notification from 1952 classified a significant area of land in Himachal Pradesh as 'forest,' despite much of it lacking tree cover. Consequently, this land is subject to FCA regulations, which complicates its use for rehabilitation, agriculture, or development projects.

He pointed out that despite numerous appeals, this issue has remained unresolved for many years. 'The 1952 notification has become an obstacle. Numerous families in Himachal are still without land rights. If the central government is genuinely concerned about this matter, it should promptly enact an ordinance,' he remarked.

Negi further indicated that over 3,000 villages in Himachal Pradesh are directly impacted by these legal challenges. 'Without amendments, efforts for rehabilitation following natural disasters, as well as the construction of roads, schools, and hospitals, will continue to encounter significant barriers,' he cautioned.

The Godavarman case, which began in 1995 by TN Godavarman Thirumulpad in the Supreme Court, broadly defined 'forest' to encompass not only designated forests but also lands recorded as forest in official documents.

This expanded definition, while intended for conservation, has resulted in tensions between environmental protection and developmental requirements. The Himachal Pradesh government asserts that while conservation is crucial, the focus must shift towards the welfare of communities in disaster-prone areas.

'Someone must take accountability. We need dialogue and decisive measures—this is about the survival and justice for the people of Himachal,' Negi emphasized.