1996 (12) TMI 390 - SC - Indian Laws

Summary

Issues Involved:
1. Interpretation of the term "forest" u/s 2 of the Forest Conservation Act, 1980.
2. Necessity of prior approval from the Central Government for non-forest activities.
3. Interim directions for the conservation and protection of forests across various states.

Summary:

Issue 1: Interpretation of the term "forest" u/s 2 of the Forest Conservation Act, 1980
The Supreme Court clarified that the term "forest" must be understood according to its dictionary meaning, covering all statutorily recognized forests, whether designated as reserved, protected, or otherwise. This interpretation applies to all forests irrespective of ownership or classification. The term "forest land" includes any area recorded as forest in government records, regardless of ownership.

Issue 2: Necessity of prior approval from the Central Government for non-forest activities
The Court emphasized that prior approval from the Central Government is mandatory for any non-forest activity within any forest area. Activities such as running saw mills, veneer or plywood mills, and mining are considered non-forest purposes and require prior approval. Any ongoing non-forest activity without such approval must cease immediately.

Issue 3: Interim directions for the conservation and protection of forests across various states
General Directions:
1. All non-forest activities in forest areas without prior Central Government approval must cease immediately.
2. Complete ban on tree felling in tropical wet evergreen forests of Tirap and Changlang in Arunachal Pradesh.
3. Tree felling in forests is suspended except as per approved Working Plans.
4. Ban on the movement of cut trees and timber from the North-Eastern States to other states.
5. State Governments to form Expert Committees to identify forest areas and degraded lands.
6. State Governments to report on the number of saw mills and their capacities.
7. Expert Committees to assess the sustainable capacity of forests for timber-based industries.
8. Committees to oversee compliance and file status reports.

State-Specific Directions:
- Jammu & Kashmir:
1. Ban on tree felling in forests, with exceptions for private plantations.
2. Removal of fallen or diseased trees by the State Forest Corporation.
3. Formation of an Expert Committee to set norms for tree felling.
4. Timber utilization within the state, with restricted movement outside.
5. Relocation of saw mills within 8 km of forest boundaries.

- Himachal Pradesh, Uttar Pradesh (Hill Regions), and West Bengal (Hill Regions):
1. Ban on tree felling in forests, with exceptions for private plantations.
2. Removal of fallen or diseased trees by the State Forest Corporation.
3. Formation of an Expert Committee to set norms for tree felling.
4. Compliance with the Forest Conservation Act for project-related tree felling.

- Tamil Nadu:
1. Complete ban on tree felling in forest areas, with exceptions for planted trees.
2. Formation of a committee to identify forest areas.
3. Tribals in social forestry programs may continue activities as per law.
4. Specific guidelines for felling shade and fuel trees in plantations.
5. Verification and removal of trees cut before the interim order.
6. Ban on felling in Janmam lands, subject to pending civil appeals.
7. This order supersedes any conflicting orders from other authorities or courts.

Additional Directions:
- Workers in closed saw mills or wood-based industries to receive full emoluments.
- Ministry of Railways to file an affidavit on the use of wooden sleepers and alternatives.

The matter is listed for further hearing on February 25, 1997.