NGT Seeks Response From All States, UT In Suo Moto Cognizance Taken On Non-Complaince Of Forest Conservation Act

The National Green Tribunal (NGT)'s principal bench has taken suo moto cognizance on alleged non compliance of provisions of Forest (Conservation) Act, 1980 and the Environment Protection Act, 1986 by all the States and UT.

The development took place after the principal bench, took note of a newspaper article which highlighted, "'missing' Indian forests due to delay in filing of reports by the State Expert Committees (SEC)."

While issuing notice to all the States and UT, a bench of Justice Prakash Shrivastava (Chairperson), Justice Sudhir Agarwal (Judicial Member), Dr. A. Senthil Vel (Expert Member) said, "The news item raises substantial issue relating to compliance of provisions of Forest (Conservation) Act, 1980 and the Environment Protection Act, 1986."

In a news item published by The Hindu on April 28, it was stated that," various SECs were to file reports regarding the status of unclassed forests in the country. The news item highlights that with the enactment of Forest (Conservation) Amendment Act, 2023 (PCAA), those unclassed forests, which have legal protection under the landmark case T.N. Godavaran Thirumalpad (2016) would lose the protection, leading to their inevitable diversion."

It further stated that the SEC reports were to be prepared in pursuance of the order, which specified "forests' as per dictionary meaning and all categories of forest irrespective of ownership and notification status would be included under the ambit of the Forest (Conservation) Act, 1980.

As a result, unclassed forests, also known as deemed forests, would also require the Central government approval in case a project proponent sought to divert that land for non-forest use, after multiple other layers scrutiny, it added further.

The article stated that, "unclassed or deemed forests may belong to forests, revenue, railways and other government entities, community forests or those under private ownership, but are not notified."

23 states have submitted their reports, however, out of them 17 comply with the directions given by the Supreme Court, it added.

The Tribunal noted that, the article claims that, "it is clear from the limited reports that they were hastily put together as these reports use incomplete information unverified data collected from readily available records."

The news item further alleged lack of diligence on the part of these state governments as the primary reason for this kind of negligence.

In the light of the above, the principal bench said, "since the issue involves all the States and Union Territories across the country, hence, Additional Chief Secretary/Principal Secretary of Environment & Forests of all the States and Union Territories are to be impleaded as respondents."

The matter is listed for November 11, for further consideration.

Title: News Item titled "Chunk of India's forests, missing, after 27-year-delay to file reports Analysis" appearing in The Hindu dated 28.04.2024

Mr. Shubham Bhalla & Ms. Ragini Sharma, Advs. for State of Arunachal Pradesh

Mr. Shubham Bhalla & Ms. Ragini Sharma, Advs. for Environment Deptt., Chandigarh

 Click here to read/download the order