Editor's Pick | SC tells Centre to follow ‘forest’ definition as per 1996 judgment

In a significant order, the Supreme Court on Monday directed that the expression ‘forest’ will continue to have a “broad and all-encompassing” meaning for the time being, and include 1.97 lakh square km of undeclared forest lands. A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud passed the order on petitions challenging the amendments introduced in 2023 to the Forest (Conservation) Act, 1980. The 1980 statute was enacted to check further deforestation leading to ecological imbalance. Here The Hindu explains the new amendments in detail. The petitions had argued that Section 1A introduced through the amended Act had “circumscribed or substantially diluted” the definition of forest to two categories — declared forests and lands recorded as forests in ‘government records’ after 1980. The Centre, however, denied any attempt to trim the extent of forest coverage. It pointed to the ‘explanation’ to Section 1A, which expanded the term ‘government records’ contained in the provision to include lands recognised as forest by any State or UT, local body, council or recognised communities. However, the court directed the government to revert to the “dictionary meaning” of ‘forest’ as upheld by it in a 1996 decision in the T.N. Godavarman Thirumulpad case. The term ‘forest’ had been given a broad meaning by the court then to preserve these green expanses, irrespective of their nature, classification or ownership. “The adoption of this dictionary meaning to forests was made to align with the intent of the Forest Conservation Act, 1980. It is clarified that the expression ‘forest’ will cover but not be confined to lands recorded as forests in the government records,” the court noted. The Bench added that the “all-encompassing” dictionary meaning upheld by the SC in the Godavarman Thirumulpad case over 25 years ago would continue to hold field till the States and UTs prepare a “consolidated record” of all the lands recorded as ‘forest’ in government records, including forest-like areas, unclassed and community forest lands. The court directed the Union government to require States and UTs, within two weeks, to forward the “comprehensive records” of forest lands their respective expert committees had identified in pursuance of the top court’s orders in the Godavarman Thirumulpad case. The States and Union Territories have to forward the records by March 31 and the Environment Ministry has to publish these records on its website by April 15. The Bench further directed that the establishment of “zoos or safaris” by any government or authority should not be consented to without the final approval of the top court. The court has listed the case again in July 2024. The Hindu’s Editorials Combat mode: On the BJP and the general election 2024 campaign Red Sea blues: On India’s goods exports The Hindu’s Daily News Quiz Yashasvi Jaiswal became the third Indian to hit double centuries in consecutive Tests. One is Virat Kohli, who is the other? Vinod Kambli Dilip Sardesai Sunil Gavaskar Virender Sehwag To know the answer and to play the full quiz, click here. [logo] Editor's Pick 20 February 2024 [The Hindu logo] In the Editor's Pick newsletter, The Hindu explains why a story was important enough to be carried on the front page of today's edition of our newspaper. [Arrow]Open in browser [Mail icon]More newsletters SC tells Centre to follow ‘forest’ definition as per 1996 judgment In a significant order, the Supreme Court on Monday directed that the expression [‘forest’ will continue to have a “broad and all-encompassing”]( meaning for the time being, and include 1.97 lakh square km of undeclared forest lands. A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud passed the order on petitions challenging the [amendments introduced in 2023 to the Forest (Conservation) Act, 1980]( The 1980 statute was enacted to check further deforestation leading to ecological imbalance. [Here The Hindu explains the new amendments in detail](. The petitions had argued that Section 1A [introduced through the amended Act]( had “circumscribed or substantially diluted” the definition of forest to two categories — declared forests and lands recorded as forests in ‘government records’ after 1980. The Centre, however, denied any attempt to trim the extent of forest coverage. It pointed to the ‘explanation’ to Section 1A, which expanded the term ‘government records’ contained in the provision to include lands recognised as forest by any State or UT, local body, council or recognised communities. However, the court directed the government to revert to the “dictionary meaning” of ‘forest’ as upheld by it in a [1996 decision in the T.N. Godavarman Thirumulpad case](. The term ‘forest’ had been given a broad meaning by the court then to preserve these green expanses, irrespective of their nature, classification or ownership. “The adoption of this dictionary meaning to forests was made to align with the intent of the Forest Conservation Act, 1980. It is clarified that the expression ‘forest’ will cover but not be confined to lands recorded as forests in the government records,” the court noted. The Bench added that the “all-encompassing” dictionary meaning upheld by the SC in the Godavarman Thirumulpad case over 25 years ago would continue to hold field till the States and UTs prepare a “consolidated record” of all the lands recorded as ‘forest’ in government records, including forest-like areas, unclassed and community forest lands. The court directed the Union government to require States and UTs, within two weeks, to forward the “comprehensive records” of forest lands their respective expert committees had identified in pursuance of the top court’s orders in the Godavarman Thirumulpad case. The States and Union Territories have to forward the records by March 31 and the Environment Ministry has to publish these records on its website by April 15. The Bench further directed that the [establishment of “zoos or safaris” by any government or authority should not be consented]( to without the final approval of the top court. The court has listed the case again in July 2024. The Hindu’s Editorials [Arrow][Combat mode: On the BJP and the general election 2024 campaign]( [Arrow][Red Sea blues: On India’s goods exports]( The Hindu’s Daily News Quiz Yashasvi Jaiswal became the third Indian to hit double centuries in consecutive Tests. 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