Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Environmental laws – Forests |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Forest Act, 1927 (16 of 1927) National Green Tribunal Act, 2010 (19 of 2010) Scheduled Tribes and Other Traditional Forest Dwellers (recognition of Forest Rights) Act, 2006 (2 of 2007) Forest Conservation Act, 1980 (69 of 1980) Goa, Daman and Diu Preservation of Trees Act, 1984 (6 of 1984) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Issue for Consideration : Matter pertains to criteria issued for the identification of private‘forest’ land in the State of Goa.Environmental laws – Forests – Criteria issued by the State of Goa for the identification of private ‘forest’ land in the State of Goa – Challenge to, by the appellant seeking change in the criteria:Held: Existing criteria for identification of private forests in the Stateof Goa are adequate and valid, thus, requires no alteration – Criteriaof the canopy density of 0.4 and minimum area of 5 ha if reducedto 0.1 and 1 ha as contended by the appellant, would result in theplantations of coconut, orchards, bamboo, palm, supari, cashew,etc., grown by farmers on their private lands into the category of‘private forest’ – Even for a minor development on the concernedland, the permission of the Government under the FCA 1980, forthe landholders, would become indispensable – Also none of theStates have adopted the 0.1 density criteria – Furthermore, on theone hand, the appellant is challenging the criteria adopted by theSawant and Karapurkar Committees for the identification of interalia private forests and on the other hand has relied on the samecriteria, the the appellant cannot be permitted to approbate andreprobate – Also the appellant having not challenged the criteriaas prescribed by the Expert Committee and published in the publicnotice is estopped from raising the said issue at this stage – Processof physical demarcation of such forests in State of Goa seemsto have attained finality by virtue of the Reports and the State ofGoa has issued a gazette notification notifying 46.11 sq. km. asprivate forest – Furthermore, the application of criteria cannot beuniversally standardized across the country, as it is contingentupon the specific geographical conditions prevalent in each State,and as a result, the criteria may vary from one State to another– Thus, the task of identifying forest areas expressly delegatedto Expert Committees to be constituted by State Governments,thereby recognising that there can be no uniform criteria for suchidentification across the country. [Paras 63, 67-69]Environmental laws – Forests – ‘Forest Cover’ and ‘RecordedForest Area’ – Distinction between:Held: ‘Forest Cover’ encompasses all lands exceeding 1 (one)hectare in size with a tree canopy exceeding 10%, regardless of landuse, ownership, and legal status – This category may encompassvarious features like orchards, bamboo groves, palm plantations,etc., and is evaluated through remote sensing techniques – Term‘Recorded Forest Area’ or ‘Forest Area’ refers to all geographicareas officially designated as ‘Forests’ in government records –Recorded forest areas primarily include Reserved Forests andProtected Forests which are notified under the provisions of theForest Act, 1927, or equivalent State Acts – Recorded forest areamay also cover regions recorded as forests in revenue records orestablished as such under any State Act or local laws. [Para 66] |
Judge | Hon'ble Mr. Justice Aravind Kumar |
Neutral Citation | 2024 INSC 59 |
Petitioner | In Re: T. N. Godavarman Thirumulpad |
Respondent | Union Of India And Others |
SCR | [2024] 1 S.C.R. 704 |
Judgement Date | 2024-01-24 |
Case Number | 202 |
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