The Forest (Conservation) Act, 1980
The Forest (Conservation) Act, 1980
Background and Purpose
The Forest (Conservation) Act, 1980 was enacted to conserve India's forests by regulating the diversion of forest land for non-forest purposes. This Act was introduced to check the rapid deforestation caused by developmental activities and to ensure sustainable forest management.
The Act makes it mandatory to get prior approval from the Central Government before any forest land can be cleared or diverted for non-forest uses such as agriculture, industry, mining, or infrastructure projects.
Objectives of the Act
To restrict deforestation and conserve forest resources.
To regulate the use of forest land for non-forest purposes.
To ensure prior approval from the Central Government before diversion.
To promote sustainable forest management and ecological balance.
To protect the environment and biodiversity.
Key Provisions
1. Restriction on Use of Forest Land (Section 2)
No forest land shall be used for any non-forest purpose without the prior approval of the Central Government.
Non-forest purposes include conversion of forest land for agriculture, industry, infrastructure, and mining.
The Act covers all forests notified under any law or recognized as forest by the government.
2. Prior Approval Requirement
The Central Government acts on recommendations from the Ministry of Environment, Forest and Climate Change (MoEFCC).
Projects seeking diversion must submit detailed proposals.
Approval may come with conditions, such as compensatory afforestation or environmental safeguards.
3. Penalties (Section 7)
Violation of the Act can result in penalties including fines and imprisonment.
Unauthorized use of forest land is a cognizable offence.
4. Compensatory Afforestation
Diversion of forest land is usually subject to compensatory afforestation, meaning forest land elsewhere must be afforested to compensate for the loss.
Funds are collected through schemes like the Compensatory Afforestation Fund Management and Planning Authority (CAMPA).
Significance of the Act
Acts as a legal barrier against indiscriminate deforestation.
Ensures developmental activities consider environmental impacts.
Helps maintain ecological balance and protect biodiversity.
Promotes the principle of sustainable development.
Provides a mechanism for monitoring and regulating forest land diversion.
Relevant Case Laws
Case 1: T.N. Godavarman Thirumulpad v. Union of India (1996)
Issue: Illegal diversion of forest land without proper approval.
Held: The Supreme Court emphasized strict compliance with the Forest Conservation Act before diverting any forest land.
Significance: Reinforced the Act’s strict application and required all forest diversion proposals to get Central Government approval.
Case 2: Samatha v. State of Andhra Pradesh (1997)
Issue: Whether forest land can be leased to private companies for mining.
Held: The Supreme Court ruled that tribal land declared as forest cannot be leased to private companies under the Act.
Significance: Protected tribal and forest land from commercial exploitation without proper consent and approval.
Case 3: Niyamgiri Hills Case (Orissa Mining Corporation Ltd. v. Ministry of Environment & Forests, 2013)
Issue: Environmental clearance for mining in forest areas inhabited by indigenous people.
Held: The Court stressed the need for free, prior, and informed consent of tribal communities before forest land diversion.
Significance: Highlighted the social and environmental considerations embedded in the Act’s implementation.
Relation to Other Laws
The Act complements the Indian Forest Act, 1927, which regulates forest management.
Works with the Environmental Protection Act, 1986 regarding environmental clearances.
Integrates with the Wildlife Protection Act, 1972 to protect forest habitats.
Supports international commitments on biodiversity and climate change.
Summary
| Aspect | Details |
|---|---|
| Purpose | Conservation of forests and regulation of forest land diversion |
| Authority | Central Government under MoEFCC |
| Key Requirement | Prior approval for use of forest land for non-forest purposes |
| Penalties | Fine, imprisonment for unauthorized diversion |
| Compensatory Afforestation | Required to offset loss of forest land |
| Important Cases | Godavarman (1996), Samatha (1997), Niyamgiri (2013) |
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