” “FOREST (CONSERVATION) ACT, 1980”

Subject: Environmental Law

Submitted to: - Submitted by:-

Mr. H. Manu ADHISH PRASad

Faculty of Environmental Law Roll no: - 904

Semester: - 7th

Session: - 2013-18

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 .TABLE OF CONTENTS

1. OBJECT OF THE STUDY……………………………………….……………………….4

2. HYPOTHESIS…………………………………………………………….………...…….4

3. REASARCH METHODOLOGY…………………………..……………………….…….4

4. SOURCES OF DATA.........................................................................................................4

CHAPTERISATION
i. INTRODUCTION....................................................................................5,6

ii. STATUS OF FORESTS………….………………..….…………......…7,8

iii. APPLICATION OF FOREST (CONSERVATION) ACT, 1980 AND

CASE LAWS............................................................................…..........9-12

iv. DIVERSION OF FOREST LAND...................................................…13,14

v. AMENDEMENT MADE IN 1988.......................................................15,18

vi. CONCLUSION .................................……………..……………......……19

BIBLIOGRAPHY...............……………………………………………………………………...20

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 ACKNOWLEDGEMENT

I am very thankful to everyone who all supported me for I have completed my project effectively
and moreover on time. I am equally grateful to my Environmental Law faculty: Mr. H. Manu
He gave me moral support and guided me in different matters regarding the topic. He had been
very kind and patient while suggesting me the outlines of this project and correcting my doubts. I
thank him for his overall supports. Last but not the least, I would like to thank my friends who
helped me a lot in gathering different information, collecting data and guiding me from time to
time in making this project despite of their busy schedules ,they gave me different ideas in
making this project unique.

Thanking you

ADHISH PRASAD

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 OBJECT OF THE STUDY-

The object of study is to find out the applicability of Forest (Conservation) Act, 1980.

HYPOTHESIS-

Forest Conservation Act, 1980 was passed for the conservation and protection of forests as well
as wild lifes.

RESEARCH METHODOLOGY-

Researcher shall emphasize and use the doctrinal method to prepare this project topic.

SOURCES OF DATA-

PRIMARY SOURCES:- SECONDARY SOURCES:-

1. Forest Conservation Act, 1980 1. Books on Environmental Law

2. The Constitution of India, 1950 2. Websites

3. Journal

4. Magazines

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 CHAPTER 1: INTRODUCTION

Forest (Conservation) Act or FCA was enacted in 1980 to regulate the use of forest lands without
the prior consent of the Central government. The regulatory instrument Forest Conservation Act,
1980 has been seen as one of the obstacle in the fast pace of development. The Act has definitely
restricted the undeterred use of forest land and slowed down the diversion of forest land to the
bare minimum and judiciously. The scope of the Act has been increased by the definition of
forests as given by the Hon’ble Supreme Court. There is a need to balance both the development
and conservation providing a good governance model by streamlining the process of obtaining
clearances under the Forest Conservation Act to be more reasoned, effective and transparent. The
article lays stress on the need to reassess our strategy of the implementation of the Forest
(conservation) Act to make it simpler for the benefit of the people of the country and garner
support for the cause of conservation.1

In todays developing world, there’s often a stand-off between conservation needs and the
developmental needs of the people. Is it possible to “save more space for nature” without
encroaching on human rights? The current debate concerning development versus environment is
premised on the assumption that the two are in contradiction with each other.2

Drivers of deforestation and forest degradation in Indian perspective fall in two categories- one,
those are planned and projected in accordance with policies, legal framework and management
plans, etc, and second, that are spontaneous, beyond government and management control, and
usually not accounted for.

1
Forest Conservation Act, 1980: Conservation and Development(pdf), Accessd on 30/10/2016
2
Jayati Gosh (January 2013). "Too much of the same". Development and Cooperation, Accessd on 31/10/2016

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To conserve the forests and for matters connected therewith or ancillary or incidental thereto, the
Forest (Conservation) Act was enacted in 1980. The Act is recognised by all as a unique piece of
legislation internationally. The Supreme Court of India in its judicial pronouncements has
directed the government to take appropriate measures for the management and protection of the
forests. The Act is in spirit regulatory and not prohibitory. It regulates the use of forest land for
non-forestry uses without prior sanction of the central government.3

Forests help in maintaining the ecological balance. They render the climate equable, add to the
fertility of the soil, prevent soil erosion, and promote perennial stream flow in rain-fed rivers.
They also shelter wild animals, preserve gene pools, and protect the tribal population. The
Supreme Court took note of this role in Rural Litigation and Entitlement Kendra v State of
Uttar Pradesh4. Besides the benefits from environmental and ecological perspectives, forests
bring revenue to the state, supply raw material to industries, and act as a source of fuel and
fodder. Forest management always gives rise to conflicting view-points, for instance,
development activities like construction of dam or starting an industry in a forest area often raise
questions regarding the violation of the forest laws. In a society based on the rule of law, conflict
of values is to be reconciled and priorities set. This process should precede and also form the
basis of formulation of legal policies and devices for the management of forests.5

3
Jaswal, P. K, Jaswal Nishtha, Environmental Law, 3rd Edition, 2013, Faridabad: Allahabad Law Agency, pp-221
4
AIR 1988 SC 2187.
5
Environmental Law and Policy in India - Cases, Materials and Statutes, by Shyam Divan & Armin Rosencranz, 2002,
reprint 2015, pp-213

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 CHAPTER 2: STATUS OF FORESTS

As per the Indian State of Forests Report, 2011 India has 6,92,027 km2 of forest cover and a tree
cover of 90,844 km2, which is a cumulative percentage of 23.81% of the geographical area of
the country (Table-1). There has been a 20.63% increase in the forest area in comparison to
2003. Density wise the very dense forests cover 2.54%, medium dense forests cover 9.76% and
open forests cover 8.75% of the geographical area. Madhya Pradesh has the largest forest cover
(77,700 km2). Mizoram has 90.68% of its geographical area under forest cover.6

Class Area (km2) % of Geographical Area

Forest cover
83471 2.54
a) Very Dense Forest
320736 9.76
b) Moderately Dense
Forest
287820 8.75
c) Open Forest
Total Forest Cover 692027 21.05
Tree Cover 90844 2.76
Total Forest and 782871 23.81
Tree Cover

Table 1: Forest and Tree cover of India in 2011

Developmental works such as road and railway construction, coal, iron and other mining
activities, hydro-electric power and irrigation projects, industrial requirements have been seeking
forest area to be diverted to meet the developmental needs of the increasing population. These
activities affect the larger interest of mankind leading them to increased quality of life. There has
6
Economic survey of India 2011: Policy Brief, Accessd on 29/10/2016

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also been pressure on the forests due to unauthorized activities, routine local unsustainable
practices and natural causes such as encroachment of forest land for agriculture and housing,
uncontrolled felling, fuel wood, small timber and NTFP extraction, unregulated livestock
grazing, fodder collection, forest fires, illegal mining operations. The underlying cause for these
activities being poverty. It is under such circumstances that the debate of conservation and
development becomes even more significant in respect of the area and quality of the forest
cover.7

CHAPTER 3: APPLICATION OF FOREST (CONSERVATION)

ACT, 1980

7
Leelakrishnan, P., Environmental Law in India, 2nd Edition, 2010, Nagpur: Lexis Nexis Butterworths Wadhwa, pp-
143

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THE FOREST (CONSERVATION) ACT, 1980
In 1980, the Parliament in response to the rapid decline in the forest covers in India and also to
fulfil the constitutional obligation under Article 48-A of the Constitution enacted a new
legislation, the Forest (Conservation) Act, 1980.

This Act has been passed with a view to check deforestation which has been taking place in the
country on a large scale and which had caused ecological imbalance and thus led to
environmental deterioration. The President of India promulgated the Forest (Conservation)
Ordinance on 25th October, 1980. Section 5 of the Forest (Conservation) Act, 1980 has repealed
this Ordinance. This Act has not taken into consideration those aspects, which were covered by
the Indian Forest Act, 1927. It simply aims at putting restriction on the de-reservation of forests
or use of forest-land for non-forest purposes. The Act is intended to serve a laudable purpose" as
is evident from the Statement of Objects and Reasons of the Act, which reads:
1) Deforestation causes ecological imbalance and leads to environmental deterioration.
Deforestation had been taking place on a large scale in the country and it had caused widespread
concern.

2) With a view to checking further deforestation, the President promulgated on 25th October,
1980, the Forest (Conservation) Ordinance, 1980. The Ordinance made the prior approval of the
Central Government necessary for de-reservation of reserved forests and for use of forest-land
for non-forest purposes. The Ordinance also provided for the constitution of an Advisory
Committee to advise the Central Government with regard to such approval.8

Scope and Application: - This Act extends to whole of India except the States of Jammu &
Kashmir, which has its own State Act. The Forest (Conservation) Act, 1980 came into force on
25th October, 1980, i.e., the date on which the Forest (Conservation) Ordinance, 1980 was
promulgated.

Restriction on the De-reservation of Forests or Use of Forest-land for Non-Forest Purposes:

Section 2 of the Act deals with restriction on the de-reservation of forests or use of forest- land
for non-forest purposes. It provides that notwithstanding anything contained in any other law for
8
http://www.lawctopus.com, Accessd on 30/10/2016

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the time being in force in a State, no State Government or other authority shall make, except with
prior approval of the Central Government, any order directing,

i. that any reserved forest declared under any law for the time being in force in that State or any
portion thereof, shall cease to be reserved;

ii. that any forest land or any portion thereof may be used for any non-forest purpose;

iii. that any forest land any portion thereof may be assigned by way of lease or otherwise to any
private person or to any authority, corporation, agency or any other organization not owned,
managed or controlled by Government;

iv. that any forest land or any portion thereof may be cleared of trees which have grown naturally
in that land or portion, for the purpose of using it for re-afforestation.
For the purposes of this section "non-forest purpose" means the breaking up or clearing or any
forest-land or portion thereof for:-

a) the cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticulture crops or
medicinal plants; or

b) any purpose other than re-afforestation, but does not include any work relating or ancillary to
conservation, development and management of forests and wild-life, namely, the establishment
of check-posts, fire lines, wireless communications and construction of fencing, bridges and
culverts, dams, waterholes, trench marks, boundary marks, pipelines or other like purposes.
In State of Kerala v Sunil Kumar9, the Supreme Court has clarified that where the State
Government did not want to lease any part of forest land, the question of seeking prior approval
of the Central Government did not arise. The question of approval arises only when the State
9
(2006) 9 SCC 753.

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Government makes a request for such an approval in respect of cases falling under categories
mentioned in section 2 of the Act.

In A Chowgule & Co. Ltd. v Goa Foundation 10, it has been clarified that approval of the Central
Govt. cannot be given retrospectively to make it "prior approval" under the Act. Constitution of
Advisory Committee.- The Central Government may constitute a Committee consisting of such
number of persons as it may deem fit to advise that Government with regard to :-
i. the grant of approval under section 2 (as explained above); and
ii. any other matter connected with the conservation of forests which may be referred to it by the
Central Government.

In State of M.P. v. Krishandas Tikaram,11 the respondents were granted mining lease in the
forest area in the year 1966. After the coming into force of the Forest (Conservation) Act, 1980,
the State Government decided to renew the lease for twenty years in terms of the, original grant
in favour of the respondent, without obtaining the prior approval of the Centre Government. The
Court, before it came into effect by registering, held cancellation of the order of renewal, valid.

In State of A.P. v. Anupama Minerals,12 the authorities had the power to grant the renewal of the
mining lease as per the terms of the lease. However, after the coming into operation of Forest
(Conservation) Act, 1980, the mining lease fell within the reserved forest area and hence the
authorities refused to grant the renewal of the lease. It was held that the refusal by the authorities
was proper because exercise of power by public authority is coupled with duty to fulfil the
conditions for such exercise.

In Ambika Quarry Works v. State of Gujarat,13 the Supreme Court held that the Forest
(Conservation) Act, 1980 applies to renewal of leases, which had originally been granted before
the Act came into force. The State Governments may renew the pre-existing mining leases only

10
(2008) 12 SCC 646.
11
1995 Supp. (1) SCC 587.
12
1995 Supp. (2) SCC 117.
13
AIR 1987 SC 1037.

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with the review and approval of the Centre Government as contemplated under section 2 of the
Act.

In Nature Lovers Movement v State of Kerala,14 the full bench of Kerala High Court considered
the question of regularization of diversion of forest-land subject to certain conditions issued by
the Central Government. The Court in this case reconciled between the preservation of
environment and development of economy. The Court took notice of conditions laid down by the
Central Government and which were substantially complied with by the State Government. The
State Government had also framed a compensatory forest scheme. The Court also took note of
socio-economic problem of eviction of about 66,000 families and 35 lacs of people from the
forests, which in its opinion was impracticable and thus the Court upheld the approval granted
for the diversion. However, the occupants were made liable to pay compensation for injury
caused by them to general public in view of "polluter pays principle".

In this case the Court also held that the Forest (Conservation) Act, 1980has no retrospective
operation and it operates only prospectively and thus the prior approval contemplated in section
2 of the Act is inapplicable insofar as the occupations and encroachments of forest-land made
prior to the commencement of the Act namely, 25.10.1980.

In Tarun Bharat Sangh v. Union of India,15 the State Government of Rajasthan, though
professing to protect the environment by means of the notifications and declarations, was itself
permitting the degradation of the environment by authorizing mining operations in the area
declared as "reserve forest". In order to protect the environment and wildlife within the protected
area, the Supreme Court issued directions that no mining operation of whatever nature shall be
carried on within the protected area.

CHAPTER 3: DIVERSION OF FOREST LAND

Approximately 4.3 million of land was diverted during 1950-1980 at an average rate of 150000
ha per annum. The diversion of forest land was unconditional without any mitigation measures to

14
AIR 2000 Ker. 131.
15
1992 Supp (2) SCC 448.

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be undertaken. After the Act came into force diversion of more than 1 lakh hectares of forest area
has been diverted. More than 34% of the area diverted is from Madhya Pradesh followed by
Chattisgarh and Maharashtra who have diverted 9% of the forest area for non forestry uses.
There has been a steady increase, since 1991 in the area diverted under the Act.

 Information available as per records indicates that the area of forest land diverted has gone up
significantly in the previous year.16

Year Forestland diverted (in ha) Monthly forestland diverted

(in ha)
2013 (Jan-Apr) 12,571 3,143

2012 26,595 2,216

2,266 27,190 2011

Table 2. Forest area diverted.

Since January 2013, MoEF has cleared 12,571 hectare (ha) of forestland, an average monthly
figure of 3,143 ha. In 2012, MoEF had cleared 26,595 ha of forestland with a lower average
monthly figure of 2,216 ha. Thus the area of forest diverted has registered a 42 per cent increase
in the last year. This shows that not only the area of forest being diverted for projects is being

16
Economic survey of India 2013: Policy Brief, Accessd on 31/10/2016

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done at a faster pace. The rejection rate is 3.5 per cent for 2013, it was about 6 per cent for all
forest clearances granted since 1981 after the Forest (Conservation) Act 1980 came into force.17

Sectors like irrigation, setting up of industries each share approximately 20 percent of forest area
diverted. Mining and power sector projects garner the next major share with 18% each of the
area diverted. Other sectors like railway, roads and defence follow them. Of all forest area
diverted this year, 42 per cent was for mining, 22 per cent for irrigation projects, 10.5 per cent
for roads, 8 per cent for drinking water schemes, 6.5 per cent for hydro power projects and the
rest for defence, transmission lines, pipelines, wind power, railways, etc. The diversion of forests
does not change the legal status of forests.18

CHAPTER 5: AMENDMENT MADE IN 1988

Forest (Conservation) Act, 1980 With Amendments Made In 1988

17
CSE Report on diversion of forest land, 2013 as obtained from the internet, Accessd on 28/10/2016
18
Tiwari, H. N., Environmental Law, 4th Edition, 2010 Faridabad: Allahabad Law Agency, pp-326

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An Act to provide for the conservation of forests and for matters connected therewith or ancillary
or incidental thereto.

Be it enacted by Parliament in the Thirty-first Year of the Republic of India as follows:-

1. Short title, extent and commencement.

(1) This Act may be called the Forest (Conservation) Act, 1980.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall be deemed to have come into force on the 25th day of October, 1980.

2. Restriction on the dereservation of forests or use of forest land for non-forest purpose.

Notwithstanding anything contained in any other law for the time being in force in a State, no
State Government or other authority shall make, except with the prior approval of the Central
Government, any order directing-

(i) that any reserved forest (within the meaning of the expression "reserved forest" in any law for
the time being in force in that State) or any portion thereof, shall cease to be reserved;

(ii) that any forest land or any portion thereof may be used for any non-forest purpose;

(iii) that any forest land or any portion thereof may be assigned by way of lease or otherwise to
any private person or to any authority, corporation, agency or any other organisation not owned,
managed or controlled by Government;

(iv) that any forest land or any portion thereof may be cleared of trees which have grown
naturally in that land or portion, for the purpose of using it for reafforestation.

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Explanation - For the purpose of this section, "non-forest purpose" means the breaking up or
clearing of any forest land or portion thereof for-

(a) the cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops or
medicinal plants;

(b) any purpose other than reafforestation;

but does not include any work relating or ancillary to conservation, development and
management of forests and wildlife, namely, the establishment of check-posts, fire lines, wireless
communications and construction of fencing, bridges and culverts, dams, waterholes, trench
marks, boundary marks, pipelines or other like purposes.

3. Constitution of Advisory Committee.

The Central Government may constitute a Committee consisting of such number of persons as h
may deem fit to advise that Government with regard to-

(i) the grant of approval. under Section 2; and

(ii) any other matter connected with the conservation of forests which may be referred to h by the
Central Government.

3A. Penalty for contravention of the provisions of the Act.

Whoever contravenes or abets the contravention of any of the provisions of Section 2, shall be
punishable with simple imprisonment for a period which may extend to fifteen days.

3B. Offences by the Authorities and Government Departments.

(1) Where any offence under this Act has been committed -

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(a) by any department of Government, the head of the department; or

(b) by any authority, every person who, at the time the offence was committed, was directly in
charge of, and was responsible to, the authority for the conduct of the business of the authority as
well as the authority; shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render the head of the department or any
person referred to in clause (b), liable to any punishment if he proves that the offence was
committed without his knowledge or that he exercised all due diligence to prevent the
commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence punishable under
the Act has been committed by a department of Government or any authority referred to in
clause (b) of sub-section (1) and it is proved that the offence has been committed with the
consent or connivance of; or is attributable to any neglect on the part of any officer, other than
the head of the department, or in the case of an authority, any person other than the persons
referred to in clause (b) of sub-section (1), such officer or persons shall also be deemed to be
guilty of that offence and shall be liable to be proceeded against and punished accordingly.

4. Power to make rules.

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(1) The Central Government may, by notification in the Official Gazette, makes rules for
carrying out the provisions of this Act.

(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid, both Houses
agree in making any modification in the rule or both Houses agree that the rule should not be
made, the rule shall thereafter have effect only in such modified form or be of no effect, as the
case may be; so, however, that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule.

5. Repeal and saving.

(1) The Forest (Conservation) Ordinance, 1980 is hereby replaced.

(2) Notwithstanding such repeal, anything done or any action taken under the provisions of the
said Ordinance shall be deemed to have been done or taken under the corresponding provisions
of this Act.19

CHAPTER 6: CONCLUSION

19
MoEF (2004), Handbook of Forest (Conservation) Act, 1980 (With amendments made in 1988), Forest
(Conservation) Rules, 2003; Guidelines and clarifications, Ministry of Environment and Forests, Govt. of India,
Accessd on 31/10/2016

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After going through various books, online materials and other data sources, the researcher has
concluded that, his hypothesis is completely true,

The Forest (Conservation) Act, 1980 is a living example of the political will of the nation to
preserve its precious forest and wildlife wealth. Implementation of the Act has successfully
reduced the average annual rate of diversion of forest land for non-forest purposes from 1.65
lakh hectares per annum during the 25 years period from 1951-52 to 1975-76 prior to enactment
of the said Act during which 4.135 hectares of forest land was diverted without any mitigative
measures, to about 35,000 hectare per annum during the 34.50 years after its enactment during
which 1.2 million hectares of forest land has been diverted for non-forest purpose with adequate
mitigative measures, such as creation and maintenance of compensatory afforestation, realization
of Net Present Value (NPV), preparation and implementation of wildlife conservation plan etc.

BIBLIOGRAPHY

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 PRIMARY SOURCE

STATUTE: -

 Forest (Conservation) Act, 1980

 The Constitution of India,1950

 SECONDARY SOURCE

BOOKS: -

 P. K. Jaswal, Nishtha Jaswal, Environmental Law, 3rd Edition, 2013, Faridabad:

Allahabad Law Agency
 Shyam Divan & Armin Rosencranz, Environmental Law and Policy in India - Cases,
Materials and Statutes, 2002, reprint 2015
 P. Leelakrishnan, Environmental Law in India, 2nd Edition, 2010, Nagpur: Lexis Nexis
Butterworths Wadhwa,
 H. N. Tiwari, Environmental Law, 4th Edition, 2010 Faridabad: Allahabad Law Agency

WEBSITES.

 http://www.lawctopus.com
 http://www.mightylaws.in
 www.lawyersclubindia.com
 www.allaboutlaw.com

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