The Supreme Court of India has issued a stringent six-month ultimatum to all states and Union Territories (UTs) to finalize the identification of forest areas, employing expert panels for a comprehensive and scientific demarcation. The order comes as part of the court’s efforts to enforce the Forest Conservation Act, 1980 (FCA), more effectively amidst ongoing legal challenges to recent amendments to the act.
On Tuesday, a bench led by Justice Bhushan R Gavai underscored the critical nature of this exercise in safeguarding the nation’s forest cover. Citing Rule 16(1) of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, Rules 2023, the court emphasized the necessity for all jurisdictions to compile a consolidated record of forest lands, which includes areas that are unclassed or deemed community forests.
Additional Solicitor General Aishwarya Bhati, representing the Central government, informed the court that while a similar directive was issued on February 19, 2024, compliance has been uneven across the states and UTs. As per the government’s affidavit, 33 states and UTs have submitted their expert committee reports as required, but four have only constituted their committees following the Supreme Court’s prior order.
Justice Gavai made it clear that non-compliance would not be taken lightly, stating, “If the order of this court is not carried out in letter and spirit, we will hold the chief secretary of state or administrator of UT personally responsible for the lapse and will consider taking appropriate steps.”
During the hearings, senior advocates representing the petitioners highlighted the significance of these measures in the context of the Supreme Court’s landmark decisions, including the 2011 Lafarge case, which mandated the creation of a GIS-based database for forest land identification. The advocates argued that without fulfilling these mandates, any attempts to divert forest lands for other uses should be strictly prohibited.
The urgency of these efforts is underscored by data from the India State of Forest Report (ISFR) 2023, which shows that India’s forest and tree cover spans approximately 8.27 lakh square kilometers—over 25% of the country’s geographical area. However, concerns were raised about the loss of 1488 square kilometers of unclassed forests between the 2021 and 2023 reports, pointing to a significant environmental challenge.
