Proposed FCA changes to offset SC’s forest order | India News
NEW DELHI: The amendments proposed in the Forest (Conservation) Amendment Bill, which was introduced in Parliament on Wednesday, will negate the impact of a landmark Supreme Court order of 1996 – known as the Godavarman judgment – that has since been the touchstone of forest conservation in the country.
The order had clarified that the Forest Conservation Act (FCA) is applicable to all land parcels that qualify to be forest as per “dictionary” meaning (deemed forest) thereby filling an important policy gap on how to treat existing forests predominantly of natural origin that are not notified or recorded officially. The judgment has been the basis of hundreds of court orders across the country to extend a protective shield to large tract of “deemed forest” or natural forests, including Aravalis in the NCR, over the past 27 years.
Proposed changes may open Aravalis to non-forest activities
Government sources and environment analysts said if the proposed amendments in the Forest (Conservation) Amendment Bill are passed, which seeks to reduce the applicability of the conservation law, over one-third of Aravalis in Gurgaon and Faridabad will be opened for non-forest activities. Till now this is not possible because of several court orders that have upheld the conservation of the “deemed forests” such as Mangar sacred grove in Faridabad, reports Dipak Dash.
The FCA specifies the mandatory provisions of taking prior approval of the central government for diversion of forest land for non-forest use and this has been a deterrent to rampant diversion of such land parcels for other purposes.
The bill has proposed that the conservation law would be applicable for land parcels that have been “notified” as forest as per the Indian Forest Act of 1927 and for areas that are recorded as forest in government records as on or after October 25, 1980, the day FCA came into force. It also proposes that the law won’t be applicable for areas which have been changed from forest use for non-forest purpose by any government authority authorised by any state or UT government before December 12, 1996, the day of SC judgment in Union of India Vs T N Godavarman.
The order had clarified that the Forest Conservation Act (FCA) is applicable to all land parcels that qualify to be forest as per “dictionary” meaning (deemed forest) thereby filling an important policy gap on how to treat existing forests predominantly of natural origin that are not notified or recorded officially. The judgment has been the basis of hundreds of court orders across the country to extend a protective shield to large tract of “deemed forest” or natural forests, including Aravalis in the NCR, over the past 27 years.
Proposed changes may open Aravalis to non-forest activities
Government sources and environment analysts said if the proposed amendments in the Forest (Conservation) Amendment Bill are passed, which seeks to reduce the applicability of the conservation law, over one-third of Aravalis in Gurgaon and Faridabad will be opened for non-forest activities. Till now this is not possible because of several court orders that have upheld the conservation of the “deemed forests” such as Mangar sacred grove in Faridabad, reports Dipak Dash.
The FCA specifies the mandatory provisions of taking prior approval of the central government for diversion of forest land for non-forest use and this has been a deterrent to rampant diversion of such land parcels for other purposes.
The bill has proposed that the conservation law would be applicable for land parcels that have been “notified” as forest as per the Indian Forest Act of 1927 and for areas that are recorded as forest in government records as on or after October 25, 1980, the day FCA came into force. It also proposes that the law won’t be applicable for areas which have been changed from forest use for non-forest purpose by any government authority authorised by any state or UT government before December 12, 1996, the day of SC judgment in Union of India Vs T N Godavarman.
