[Forest Conservation Act] Forest Land Cannot Be Repurposed For Non-Forest Activities Without Approval: Himachal Pradesh High Court

Justice Vivek Singh Thakur and Justice Bipin Chander Negi, who presided over the case, underscored the strict requirements of the Forest Conservation Act, 1980, in their ruling. They emphasized that "the forest land cannot be put to a use which is a non-forest purpose, as also has been defined and explained in Section 2 of the Forest Conservation Act, 1980."

The Court clarified that any activity involving the breaking up or clearing of forest land for purposes other than reafforestation, such as cultivating commercial crops, violates the Act unless approved by the Central Government.

The petitioner had sought to challenge the eviction order issued by the Divisional Commissioner, under the Himachal Pradesh Public Premises and Land (Eviction and Rent Recovery) Act, 1971, in an effort to retain possession of the forest land.

The petitioner's primary argument rested on the claim of adverse possession, asserting that the land had been in his family's possession for over 40 years. Despite this, the Court found that the petitioner failed to provide sufficient evidence to substantiate this claim.

The petitioner's counsel had also argued that the land in question had not been properly demarcated by the Forest Department, suggesting that the identification of the forest land was flawed. Beyond this contention, no additional pleas were presented on behalf of the petitioner.

The Court however ruled that the adjudication regarding the validity of certain provisions of the Himachal Pradesh Land Revenue Act and the Himachal Pradesh Regulation and Encroachment Rules would not impact the present case. The Court emphasized that, without the Central Government's approval, forest land cannot be repurposed for non-forest activities, such as the cultivation of tea, coffee, spices, rubber, and other crops.

In its judgment, the High Court issued clear directives to the Revenue Officers and Forest Authorities, mandating the proper demarcation of the land in question. The Court ordered that all encroachments on the forest land be removed by the authorities, with permanent boundary marks established to prevent future disputes.

The Court ordered the eviction and removal process to be completed by August 31, 2024, with any remaining structures on the land to be removed by the petitioner at his own expense by October 30, 2024.

To ensure compliance, the Court directed that the entire process be videographed, with the video evidence submitted along with compliance reports. The Court scheduled a review of the compliance efforts for September 23, 2024, instructing the Chief Secretary of Himachal Pradesh to oversee the execution of these orders.

Case Title: Rishi Raj Versus State of Himachal Pradesh and Others

Citation: 2024 LiveLaw (HP) 42

Click Here To Read/Download Judgement