The bench stated “We will not permit anything which leads to reduction of forest area. We further order that until further orders, no steps will be taken by the Union of India and any state which will lead to reduction of forest land unless compensatory land is provided by the Centre and the states…,”
New Delhi, 3rd February 2025: The Supreme Court of India has ordered the Central and State governments not to take any action that would decrease forest areas. This decision will remain in place until further notice.
A bench of Justices B R Gavai and K Vinod Chandran was hearing multiple petitions challenging the changes made to the Forest (Conservation) Act, 2023.
The court made it clear:
“We will not permit anything which leads to reduction of forest area. We further order that until further orders, no steps will be taken by the Union of India and any state which will lead to reduction of forest land unless compensatory land is provided by the Centre and the states…,”
the bench stated.
Additional Solicitor General Aishwarya Bhati, representing the Central government, assured the court that she would submit a response within three weeks.
A status report will also be presented before the court before the next hearing.
An advocate appearing in the case mentioned that all required documents and arguments had been submitted. The main issue raised in the case is the change in the definition of “forest” under the 2023 amendment.
In February last year, the Supreme Court observed that the new definition of “forest” under the amended law had left out nearly 1.99 lakh square kilometers of land that was earlier considered as forest. This change made a large portion of land available for non-forest activities.
The court also ruled that any new proposal to open a zoo or start a safari on forest land would require its approval.
It directed state governments and union territories (UTs) to provide details of forest land within their jurisdiction to the Central government by March 31, 2024.
Additionally, the Ministry of Environment, Forest and Climate Change must publish the details of “forest-like areas, unclassified forest land, and community forest land” on its website by April 15, 2024.
The Supreme Court issued an interim order stating:
“… we issue an interim order to the effect that any proposal for the establishment of zoos and safaris referred to in the Wildlife Protection Act 1972, enacted by the government or any authority in forest areas other than protected areas, shall not be finally approved by the states/union territories, save and except with the prior permission of this court.”
The court also directed all states and UTs to follow the 1996 Supreme Court ruling in the TN Godavarman Thirumulpad v. Union of India case, which had provided a broad definition of “forest”.
The petitioners argued that the 1996 judgment gave a wider definition of forest, which has now been narrowed down by inserting Section 1A in the new law.
As per the amended law, land can only be considered a “forest” if it is either officially notified as a forest or is specifically recorded as a forest in government documents.
The Centre defended the changes, saying that the amendments were made in compliance with the Supreme Court’s previous rulings.
The Forest (Conservation) Amendment Bill was introduced in Parliament on March 27, 2023. However, the petitions have challenged the constitutional validity of the amendment and have urged the Supreme Court to declare it null and void.
The Supreme Court has put a temporary stop on actions that would reduce forest land and has made it mandatory to seek its approval for any new zoos or safaris. The case will be heard again on March 4, 2025. Meanwhile, all states and UTs must submit their forest land data by the given deadlines.
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