Supreme Court Restricts Reduction of Forest Land Without Compensatory Afforestation
Kiran Raj
The Supreme Court of India has issued an interim order restraining the Union of India and state governments from proceeding with any reduction of forest land unless compensatory afforestation land is provided. The directive was passed in response to multiple Public Interest Litigations (PILs) concerning forest conservation and environmental sustainability. The court also directed the Union of India to file replies and a status report within three weeks.
The matter arises from petitions filed by individuals and organizations expressing concerns over the potential reduction of forest land. The lead petitioner, Ashok Kumar Sharma, a retired Indian Forest Service officer, along with others, sought judicial intervention to prevent deforestation without adequate compensatory measures. The petitions states the importance of preserving forest cover and raise concerns regarding government policies that could lead to large-scale deforestation.
The petitioners argued that any reduction in forest land without ensuring compensatory afforestation would violate environmental laws and constitutional provisions. They relied on the Forest Conservation Act, 1980, which regulates the use of forest land for non-forest purposes, and Article 21 of the Constitution, which guarantees the right to a clean and healthy environment.
Represented by senior advocates including Gopal Sankaranarayanan and Shyam Divan, the petitioners contended that reducing forest land without proper safeguards would have severe environmental consequences. They stated the need for government accountability in ensuring afforestation efforts before permitting any deforestation.
The Union of India, represented by Additional Solicitor General (ASG) Aishwarya Bhati, submitted that the government remains committed to sustainable development and afforestation. The ASG assured the court that replies to the applications would be filed within the stipulated period and that a status report would be presented at the next hearing.
Several intervention applications were also filed by environmental activists and organizations seeking to present additional concerns regarding forest conservation. The court took note of these applications and directed that responses be filed accordingly.
The Supreme Court recorded its observations regarding the environmental impact of reducing forest land. The bench, comprising Justice B.R. Gavai and Justice K. Vinod Chandran, noted that while developmental activities are essential, they must be balanced with environmental conservation. The court, while considering submissions from all parties, recorded in its order:
"We make it clear that until further orders, no steps will be taken by the Union of India or any of the States, which will lead to reduction of the forest land unless a compensatory land is provided either by the State Government or the Union of India for the purpose of afforestation."
The court further observed that environmental degradation has long-term consequences and that protective measures must be ensured before any reduction in forest cover is permitted. It recorded that the preservation of forests plays a crucial role in mitigating climate change and protecting biodiversity.
During the proceedings, the court acknowledged the concerns raised by the petitioners regarding compliance with environmental laws. It stated that any alteration to forest land should align with statutory requirements and broader sustainability objectives.
Following the hearing, the Supreme Court issued specific directives to ensure that no irreversible steps are taken concerning forest land reduction:
- Notice Issued: The court directed issuance of notice in the interlocutory applications, including those seeking appropriate orders and directions.
- Government Reply: The Additional Solicitor General assured that replies to the pending applications would be filed within three weeks.
- Status Report: The court directed the Union of India to file a status report before the next hearing.
- Interim Protection: The court explicitly ordered that no steps shall be taken by the Union or state governments leading to a reduction of forest land unless a compensatory afforestation area is provided.
The case will be heard again on March 4, 2025
Case Title: Ashok Kumar Sharma & Ors. v. Union of India & Anr.
Case Number: W.P.(C) No. 1164/2023
Bench: Justice B.R. Gavai, Justice K. Vinod Chandran
[Read/Download order]
