Law on preservation and protection of forests

The Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980: central control over forest land

In one minute

The Forest (Conservation) Act, 1980 stops a State from using forest land for other purposes without the Central Government's prior approval. Since 2023 its short title is the Van (Sanrakshan Evam Samvardhan) Adhiniyam.

In the Godavarman case the Supreme Court gave "forest" its wide dictionary meaning. The 2023 Amendment now says which land the Act covers and which it does not. Questions often ask about both.

Exam focus

Frequency: Rarely asked
Usually asked as: Both (long answer and short answer)

Legal provision

The main provisions are these. The text of the 2023 Amendment is from the Gazette of India of 4 August 2023.

Section 2 of the 1980 Act: no State Government or other authority may make certain orders without the prior approval of the Central Government. The orders are for de-reservation of a forest, for use of forest land for a non-forest purpose, for assigning forest land by lease to a private person or an outside organisation, and for clearing naturally grown trees for reafforestation.
Section 1A (inserted in 2023): which land the Act covers and which it does not.
Section 3C (inserted in 2023): the Central Government may give directions to carry out the Act.
Article 48A and Article 51A(g): the State must safeguard forests, and every citizen must protect and improve forests, lakes, rivers and wild life.
Entry 17A of the Concurrent List: forests, inserted by the Constitution (Forty-second Amendment) Act, 1976.

Meaning and definition

Forest law decides who may change the use of forest land. The Act does not ban every use. It puts the decision in the hands of the Central Government, so that a State cannot hand forest land to others on its own.

The Act's own Explanation says "non-forest purpose" means breaking up or clearing forest land for tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops or medicinal plants, or for any purpose other than reafforestation. Work to conserve forests and wild life does not count.

Using forest land for a non-forest purposeHow to read this: follow the boxes from top to bottom. A State cannot skip the middle step.

1. A project needs forest land.
2. The State asks the Central Government for prior approval under section 2.
3. The Central Government may approve with conditions, such as planting trees to make up for those felled.
4. ResultOnly after approval can the State order the use or the lease.

Detailed explanation

Step 1: why the Act was needed

The Statement of Objects of the 2023 Bill records the purpose of the 1980 Act. It required prior permission of the Central Government in four cases. They were de-reservation, use of forest land for non-forest purposes, assignment of forest land by lease to private entities, and clearing of naturally grown trees for reafforestation. Before the Act, States could divert forest land by their own decision.

Forest land is of two older kinds under the Indian Forest Act, 1927. A Reserved Forest has the highest protection. A Protected Forest keeps certain rights of local people.

Step 2: the wide meaning of "forest" (Godavarman)

In T.N. Godavarman Thirumulpad v. Union of India the Supreme Court held that "forest" has its dictionary meaning. It covers land recorded as forest, whatever its notification. The Court also held that non-forest activity such as saw mills and mining needs prior Central Government approval. The judgment of 12 December 1996 is cited in (1997) 2 SCC 267. The case is still open, and the Court supervises it.

Example. A patch of land in a revenue record is shown as "forest" but was never notified under the Indian Forest Act. Under the Godavarman reading it is still forest, and a State cannot lease it for a quarry without Central approval.

Step 3: the 2023 Amendment

The Forest (Conservation) Amendment Act, 2023 (Act No. 15 of 2023) received assent on 4 August 2023. It changed the Act in these ways.

It added a preamble that links forests to net zero emission by 2070 and a carbon sink of an additional 2.5 to 3.0 billion tons of CO2 equivalent by 2030.
It renamed the Act the Van (Sanrakshan Evam Samvardhan) Adhiniyam.
Section 1A(1) covers land declared or notified as forest under the Indian Forest Act or any other law. It also covers land recorded as forest in Government record as on or after 25 October 1980. Land changed to non-forest use on or before 12 December 1996 under a State order is outside this second class.
Section 1A(2) leaves out forest land beside a rail line or public road that gives access to a habitation, and roadside amenities up to 0.10 hectare.
It also leaves out trees and plantations on other land.
It leaves out forest land within 100 kilometres of an international border, the Line of Control or the Line of Actual Control, for a strategic linear project of national importance.
It leaves out up to 10 hectares for security-related infrastructure. It also leaves out up to 5 hectares for defence or public utility projects in an area affected by Left Wing Extremism.
Section 1A(3) says these exemptions are subject to terms and conditions, including planting trees to compensate for felling, which the Central Government sets by guidelines.
Section 2, clause (iii), now covers assignment of forest land to any entity, subject to conditions the Central Government specifies by order. Earlier it covered only entities not owned, managed or controlled by Government.

Step 4: public trust and forest land

In M.C. Mehta v. Kamal Nath the Supreme Court dealt with a lease of forest land on the bank of the Beas to a private motel. It held that the public trust doctrine is part of the law of the land, and the lease was cancelled.

Exceptions and special rules

Work that is not a non-forest purpose

After the 2023 Amendment the Explanation to section 2 lists work that does not count as a non-forest purpose. Examples are silvicultural operations, check-posts, fire lines, wireless communications, fencing, boundary marks, bridges, culverts, check dams, waterholes and trenches. They also include government zoos and safaris in forest areas other than protected areas. Eco-tourism facilities count if they appear in the Forest Working Plan, Wildlife Management Plan or Tiger Conservation Plan.

Surveys

The new section 2(2) lets the Central Government set conditions by order. On those conditions a survey is not a non-forest purpose. Examples are reconnaissance, prospecting, investigation and exploration, including seismic survey.

Present position

The Godavarman case page records that the narrower definition in the 2023 Amendment is under challenge. On 19 February 2024 the Court told States to keep applying the 1996 definition.

Don't confuse: forest before and after the 2023 Amendment

Point	Godavarman reading (1996)	Section 1A (2023)
Test	Dictionary meaning, and land recorded as forest	Notified forest, or land recorded as forest on or after 25 October 1980
Exempt land	None stated in the Act	Listed classes in section 1A(2)
Current position	Court asked States to keep applying it on 19 February 2024	Under challenge

Inside the concept. A State wants to lease notified forest land to a steel company. It needs prior approval under section 2.

Just outside it. A forest department builds a fire line inside a reserved forest. This is work for conserving forests and is not a non-forest purpose, so no approval is needed under section 2.

Common mistakes

Writing that the Act was repealed in 2023. It was amended and renamed.
Saying approval is needed from the State. It is needed from the Central Government.
Treating Godavarman as a case that created the Central Empowered Committee in 1996. The Committee dates from 9 May 2002.
Forgetting the 25 October 1980 date in section 1A.

Leading case laws

T.N. Godavarman Thirumulpad v. Union of India
Facts. A petition about illegal timber felling near the Nilgiris became a nationwide inquiry into the working of the Forest Conservation Act.

Principle. "Forest" has its dictionary meaning and covers land recorded as forest, whatever its notification. Non-forest activity needs prior Central Government approval.

Why it matters. It widened the Act's reach, and the 2023 Amendment responded to it.
M.C. Mehta v. Kamal Nath
Facts. A motel company leased forest land on the bank of the Beas. A Minister had approved a second lease in 1993.

Principle. The public trust doctrine is part of the law of the land. The lease was cancelled and the motel had to pay to reverse the damage.

Why it matters. The State cannot turn trust resources into private property.

How to write this answer in the exam

5-mark answer

Purpose of the 1980 Act.
Section 2: prior Central approval.
Godavarman: wide meaning of forest.
One line on the 2023 Amendment.

10-mark answer

Need for central control.
Section 2 and "non-forest purpose".
Godavarman and its supervision.
2023 Amendment: name, section 1A, exemptions, section 2 changes.
Comparison table and present position.
Kamal Nath and public trust.

Key points to remember

Section 2: no use of forest land for other purposes without prior Central approval.
Forest (Conservation) Amendment Act, 2023 (Act 15 of 2023): renamed the Act Van (Sanrakshan Evam Samvardhan) Adhiniyam.
Section 1A: notified forest, plus land recorded as forest on or after 25 October 1980.
Exemptions include border land within 100 km for strategic linear projects.
Godavarman (1996): dictionary meaning of forest.
Kamal Nath: public trust doctrine.

Quick self-test

1. Who must approve the use of forest land for a non-forest purpose?

The Central Government, before the order is made.

2. Which case gave "forest" its dictionary meaning?

T.N. Godavarman Thirumulpad v. Union of India.

3. What did the 2023 Amendment rename the Act?

The Van (Sanrakshan Evam Samvardhan) Adhiniyam.