Relevance:
Union Ministry of Environment, Forest and Climate Change (MoEFCC) has objected to transfer of land by Chhattisgarh from its Forest to the Revenue Department.
News Summary:
- It warned that the land in question is “un-demarcated protected forests” (Orange areas), which cannot be used for non-forest purposes without clearance under Forest Conservation Act (FCA), 1980.
- However, Chhattisgarh has claimed that the transferred lands were not forest land.
Orange areas are the result of an administrative logjam that remained a bone of contention between the Revenue and the Forest departments since the abolition of the Zamindari system in 1951.
About Forests:
- At present, in India, there is no clear nationally-accepted definition of ‘forest’.
- States are responsible for determining their definition of forests.
- In T.N. Godavarman Thirumulkpad vs the Union of India judgment, Supreme Court interpreted that the word “forest” must be understood according to its “dictionary meaning”.
Legal Provisions on Forest:
- Concurrent List under the 7th Schedule
- Village or nagarpalika forests under State Revenue Departments
- Forest Conservation Act (FCA), 1980
- State Forest Departments have jurisdiction over two types of forests notified under the Indian Forest (IF) Act, 1927:
- Reserve Forests (RF): No rights are allowed unless specified
- Protected Forests (PF): No rights are barred unless specified
- Article 48 A (Directive Principles of State policy)
- Article 51 A (g) (Fundamental Duty)
Policies Governing India’s Forests:
- Indian Forest Policy, 1952
- Forest Conservation Act, 1980
- National Forest Policy, 1988
- National Afforestation Programme
- Wildlife Protection Act of 1972
- Environment Protection Act of 1986
- Biodiversity Diversity Act of 2002
- Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
Reference: Indian Express
