Brief Context
Context The Supreme Court of India has directed all States and Union Territories to investigate and reclaim forest lands that were illegally allotted for non-forest purposes, citing severe legal and ecological violations. Legal Environmental Issues Highlighted Violation of the 1996 Supreme Court Order: The SC had directed in T.N. Godavarman Thirumulpad vs.
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Syllabus: GS2/ Governance, GS3/ Environment
Context
- The Supreme Court of India has directed all States and Union Territories to investigate and reclaim forest lands that were illegally allotted for non-forest purposes, citing severe legal and ecological violations.
Background
- The directions came while declaring illegal the allotment of 11.89 hectares of reserved forest land in Kondhwa Budruk, Pune (Maharashtra), Originally allotted for agriculture in 1998.
- It was sold to a private builder in 1999.
- The Chief Justice of India called this a classic example of political- bureaucratic-builder nexus leading to misuse of valuable forest resources.
Supreme Court ruling
- Formation of Special Investigation Teams (SITs) by Chief Secretaries/ Administrators to examine forest lands under revenue departments’ control.
- Recovery of forest lands from private individuals/entities and transfer to respective forest departments.
- If reclaiming land is not feasible due to public interest, then cost recovery from beneficiaries, with the amount to be used for forest development.
- The entire exercise must be completed within one year.
Legal & Environmental Issues Highlighted
- Violation of the 1996 Supreme Court Order: The SC had directed in T.N. Godavarman Thirumulpad vs. Union of India (1996) that all non-forest activities on forest land must stop unless approved by the Central Government.
- Loss of Green Cover: The continued possession of forest lands by revenue departments has led to non-forestry usage, reducing India’s forest cover and biodiversity.
| Constitutional Safeguards – Directive Principles of State Policy (DPSP): Article 48A of the Constitution directs the State to protect and improve the environment and to safeguard the forests and wildlife of the country. – Fundamental Duties: Article 51A(g) enjoins citizens to “protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.” |
Way Ahead
- Forest Mapping: Leverage GIS and remote sensing to clearly demarcate forest boundaries and monitor illegal use.
- Create State-level Forest Land Governance Cells with representatives from forest, revenue, and legal departments.
- Community Involvement: Involve Joint Forest Management Committees (JFMCs) and tribal communities to report misuse or illegal occupation.
- Strengthen Environmental Impact Assessment (EIA) norms and ensure public participation in forest land diversion cases.
Source: TH