The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to ‘missing’ Indian forests due to delay in filing of reports by the State Expert Committees (SEC).
The Petition is registered suo-moto on the basis of the news item dated 28.04.2024.
The news item states that the various SECs were to file reports regarding the status of unclassed forests in the country.
The news item highlights that with the enactment of Forest (Conservation) Amendment Act, 2023 (PCAA), those unclassed forests, which have legal protection under the landmark case T.N. Godavaran Thirumalpad (2016) would lose the protection, leading to their inevitable diversion.
The news item further highlights that the SEC reports were to be prepared in pursuance of the order, which specified “forests’ as per dictionary meaning and all categories of forest irrespective of ownership and notification status would be included under the ambit of the Forest (Conservation) Act, 1980. As a result, unclassed forests, also known as deemed forests, would also require the Central government approval in case a project proponent sought to divert that land for non-forest use, after multiple other layers scrutiny.
It states that unclassed or deemed forests may belong to forests, revenue, railways and other government entities, community forests or those under private ownership, but are not notified.
As per the news item, twenty-three (23) states have submitted their reports, however, only seventeen (17) out of them comply with the directions given by the Supreme Court.
The news item also states that it is clear from the limited reports that they were hastily put together as these reports use incomplete information and unverified data collected from readily available records.
The news item further alleges lack of diligence on the part of these state governments as the primary reason for this kind of negligence. Almost none of the States or Union Territories have specified the geographic locations of forests. Identifying geographic information of forest land, wherever given, pertains to reserve or protected forest. However, this information is already available with the Forest Departments. The SEC reports are also in conflict with the Forest Survey of India which happens to be the only government agency to survey and assess forests in India. The news item also states that as there is no baseline data from 1996-97, it cannot be assessed as to how much unclassed forests have been lost.
The news item further alleges that the treatment of SECs without on-ground verification has resulted in large-scale deforestation of forests in the country.
The news item highlights that there are seven (7) states – Goa, Haryana, Jammu & Kashmir, Ladakh, Lakshadweep, Tamil Nadu, and West Bengal who appear not to have constituted the expert committee at all.
The news item raises substantial issue relating to compliance of provisions of Forest (Conservation) Act, 1980 and the Environment Protection Act, 1986.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, the Principal Bench of Justice Prakash Shrivastava, Justice Sudhir Agarwal and Dr. A. Senthil Vel ,found that since the issue involves all the States and Union Territories across the country, hence, Additional Chief Secretary/Principal Secretary of Environment & Forests of all the States and Union Territories are impleaded as respondents.
The Bench issued notice to the Respondents and listed the matter on 11.11.2024.