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Supreme Court Halts Forests Land Reduction Amid Legal Battle Over Conservation Law

Supreme Court Halts Forests Land Reduction Amid Legal Battle Over Conservation Law

The Supreme Court, in a landmark ruling, has issued a stay on any activity that would reduce the forests land and thus is giving a stern message on environmental conservation. The move has been taken by the court as it considers a bunch of petitions against the recently notified amendments to the Forest Conservation Act, of 2023.

No reduction to forests land, Supreme Court issues strict order

The bench of Justices B R Gavai and K Vinod Chandran expressed their deepest interest in the protection of forest areas and asserted that neither the Centre nor the states can carry out any measure that reduces green areas unless compensatory land is available. The rule of law by the court ensures that steps are not taken to alter the forest cover until further orders.

The legal debate started with the wide concern that this amendment law dramatically squeezed the definition of ‘forest,’ thus taking nearly 1.99 lakh square kilometers of land out of conservation oversight. Therefore, environmental activists and numerous petitioners claim that the change can pave the way for the vast scale of deforestation due to development.

While on the case, Additional Solicitor General Aishwarya Bhati made a commitment in court that responses to the said petitions would reach the court before three weeks lapse. The Union government has further been directed by the court to file a status report before 4 March 2024.

SC’s strict order on zoo and safari parks

One other significant issue concerning the establishment of zoos and safari parks within forest-covered areas is going to be subject to scrutiny. The court has declared that any further proposals in this regard must first be directly approved by the Supreme Court before their implementation. The states and union territories have been directed to submit detailed data on forest land falling within their territories to the Centre by March 31, 2024. This data shall then be displayed on the website of the Ministry of Environment, Forest and Climate Change by April 15, 2024.

The legal dispute is rooted in a landmark 1996 judgment in the TN Godavarman Thirumulpad case, which established a broad definition of forests, including all ecologically significant areas, even those not officially recorded as forests. The petitioners argue that the amended law deviates from this precedent, restricting forest classification solely to government-notified areas.

However, the Centre argues that these amendments have been enacted per previous directions of the Supreme Court. The current judgment will also decide whether this legislative change is under India’s long-standing commitment to forest conservation or undermines crucial environmental safeguards.

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