Supreme Court to Review Forest Definition Amid Controversy Over 2023 Amendment

Supreme Court's Focus on Forest Definition

New Delhi: On Wednesday, the Supreme Court announced that it will limit its examination to the constitutional validity of the forest definition as outlined in the Forest (Conservation) Amendment Act of 2023. The court clarified that disputes concerning specific land parcels will be addressed by high courts.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana made these comments while reviewing a petition from retired forest officer Ashok Sharma, who is contesting the 2023 law's definition of forests, arguing that it undermines the definition established by the Supreme Court in 1996.

The bench emphasized its adherence to the 1996 definition from the TN Godavarman case, acknowledging Parliament's authority to define forests while also scrutinizing any potential contradictions.

Petitioners argued that the TN Godavarman ruling mandates a dictionary-based understanding of forests, whereas section 1A of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 narrows this definition, excluding certain forest categories from the Forest (Conservation) Act, 1980.

They further claimed that the Centre, along with state and Union territories, would utilize lands that qualify as forests but are not officially recognized as such—like degraded or private forests—for compensatory afforestation, leading to a reduction in forest cover.

The bench instructed states and Union territories that have yet to form an expert panel to do so, aiming to compile a comprehensive record of lands, including forest-like areas and community forests.

It highlighted the necessity of completing the exercise mandated by Rule 16 (1) of the Van (Sanrakshan Evam Samvardhan) Rules, 2023.

This rule requires all states and Union territories to create a consolidated record of lands, including forest-like areas identified by an expert committee, unclassified forest lands, and community forest lands that fall under the 2023 forest conservation law.

The bench also referred a case involving 59 acres of land in Tamil Nadu, which petitioners assert was bought for agricultural and plantation purposes but remains classified as private forest under a 1922 notification, to the Madras High Court.

It stated that similar disputes regarding individual land parcels would be resolved by High Courts, which will consider historical usage, geographical context, and other pertinent factors.

Additionally, the Supreme Court addressed separate requests from the Maharashtra government regarding the establishment of a zoo in Chandrapur, directing that objections from petitioners be submitted to the Central Empowered Committee (CEC).

In February 2024, the Supreme Court acknowledged concerns that the 2023 amendment's definition of forests excluded approximately 1.99 lakh square kilometers of forest land from the forest category, making it available for alternative uses.

The court mandated that state governments and Union territories submit details of forest land within their jurisdictions to the Centre by March 31, 2024.

It also instructed the Ministry of Environment, Forest and Climate Change to publish all information regarding forest-like areas, unclassified forest land, and community forest land provided by the states and Union territories on its website by April 15, 2024.

On November 30, 2023, the Centre assured the court that there was no intention to dilute the definition of forests as established in the TN Godavarman case ruling from 1996.