SIDDHARTH COLLEGE OF LAW
FOREST
ENVIRONMENTAL LAW
A ASSIGNMENT SUBMITTED TO SIDDHARTH COLLEGE OF LAW
FOR 1ST YEAR LLB DEGREE COURSE
ANUP ANIL KAMBLE
ROLL NO 2076 / A
2020-2021
DATE – 28-07-2021
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SR.NO TOPICS PAGE
NO
1. INTRODUCTION 2
2. TYPE OF FORESTS 2
3. INDIA FOREST ACT, 1927 4
4. FOREST CONSERVATION ACT,1980 4
5. MADRAS FOREST ACT, 1880 5
6. THE TAMIL NADU PRESERVATION OF 5
PRIVATE FORESTS ACT 1949
7. KAMARUDDIN N. SHEIKH v. STATE OF 6
MAHARASHTRA[37]
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ENVIRONMENTAL LAW
FOREST
INTRODUCTION
Forests are the major natural resources and are also recognized as a colorful expression of nature. They are
also recognized as guardians and protectors of the wildlife of the country. Forests are valuable not only due
to his botanical use but also for its recreational and scenic beauty that gives glory and attraction to many
places in North-east of India as well as in other countries. Forests always add to the agriculture of the place it
was situated whether it is in the terms of fertility of the soil, prevention of soil erosion, and promote
perennial stream flow in rain-fed rivers. They shelter wild animals, preserve gene pools, and protect the
tribal population. Thus, forests help in maintaining the ecological balance.
When India gained independence, forests were placed on the state list of the constitution. Forest departments
of individual states continued to regulate forests in accord with the Indian Forest Act of 1927, as
implemented by state regulations. The Indian Forest Act gives the state jurisdiction over both public and
private forests and facilitates the extraction of timber for profit. Public forests are those in which state
governments have a proprietary interest, are divided into three categories: Reserve forests, village forests,
and protected forests.
TYPES OF FOREST
Reserved Forests – Reserved forest is dealt with in Chapter II of the Act. It is an area or mass of land duly
notified under section 20 or under the reservation provisions of the Forest Acts of the State Governments of
the Indian Union. It is within power of a State Government to issue a preliminary notification under section 4
of the Act declaring that it has been decided to constitute such land, as specified in a Schedule with details of
its location, area and boundary description, into a Reserved Forest. Such a notification also appoints an officer
of the State Government, normally the Deputy Commissioner of the concerned district, as Forest Settlement
Officer[11]. The Forest Settlement Officer fixes a period not less than three months, to hear the claims and
objections of every person having or claiming any rights over the land which is so notified to be reserved and
conducts inquiries into the claims of rights, and may reject or accept the same. He is empowered even to
acquire land over which right is claimed. For rights other than that of right of way, right of pasture, right to
forest produce, or right to a water course, the Forest Settlement Officer may exclude such land in whole or in
part, or come to an agreement with the owner for surrender of his rights, or proceed to acquire such land in the
manner prescribed under the Land Acquisition Act, 1894.
Village Forests – Village forest is dealt with in Chapter III of the Act. It is constituted under section 28. The
Government may assign to any village community the rights over a land which may be a part of a reserved
forest for use of the community. Usually, forested community lands are constituted into Village Grazing
Reserve (VGR). Parcels of land so notified are marked on the settlement revenue maps of the villages.
A Village forest is different from a Forest Village. Though many a times both terms are used interchangeably,
both are different in their meaning. While village forest is a legal category under the Indian Forest Act forest
village is merely an administrative category. Although forest village is recognized as a forest department, the
revenue benefits cannot accrue to such villages as they are not technically under the revenue departments[13].
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Protected Forests – Protected forest is dealt with in Chapter IV of the Act. It is an area or mass of land, which
is not a reserved forest, and over which the Government has property rights, declared to be so by a State
Government under the provisions of the section 29. It does not require the long and tedious process of
settlement, as in case of declaration of a reserved forest. However, if such a declaration infringes upon a
person’s rights, the Government may cause an inquiry into the same; but pending such inquiries, the
declaration cannot abridge or affect such rights of persons or communities. Further, in a protected forest, the
Government may issue notifications declaring certain trees to be reserved, or suspend private rights, if any,
for a period not exceeding 30 years, or prohibit quarrying, removal of any forest produce, breaking of land,
etc.
Non-government Forests. Though this category is not expressly termed as a separate category, it is dealt
with in Chapter V of the Act. It covers the forests and land not being in control of the government. The State
government can, by notification, regulate or prohibit the breaking up or clearing of land for cultivation, the
pasture for cattle or the firing or clearing of vegetation to protect against storms, winds, rolling stones, floods
and avalanches, to preserve soil from erosion, to maintain water supply in springs, rivers and tanks, to protect
roads, bridges, railway, lines of communication and to preserve public health.
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ACTS
INDIAN FOREST ACT, 1927
To make forest laws more effective and to improve the forest Act, 1875, a new comprehensive Forest Act was
passed in 1927 which repealed all previous laws. The Act consists of 86 sections divided into 13 chapters. The
main objects of the Act are
1) – To consolidate the laws relating to forests.
2) – Regulation of and the transit of forest produce. And,
3) – To levy duty on timber and other forest produce[6].
The term “forest” has not been defined in the Act. But the Allahabad High Court, while defining the term,
adopted the definition provided by the Food and Agriculture Organization(FAO) according to which forest
means “all lands bearing vegetative association demarcated by trees of any size, exploited or not, capable of
producing wood or other food products” .
The Act also empowers the state for requisition of any private forest for any purpose under the Act, which
shall be deemed to be “needed for a public purpose” within the meaning of section-4(land acquisition act,
1894). Many states have passed various Acts to take over the private forests from the private owner.
OBJECTIVES OF INDIAN FOREST ACT,1927
To consolidate the law relating to forests, the transit of forest produce and the duty leviable on timber and
other forest produce.
It also aims to consolidate the previous laws regarding forest into one effective legislation.
To give the Government the power to classify forest land and optimise its usage.
To lay down the procedure for declaring an area as Reserved Forest, Protected Forest or Village Forest.
To define acts that are prohibited inside the Reserved Forest, and penalties leviable on its violation.
To make conservation of forests and wildlife more accountable.
FOREST CONSERVATION ACT, 1980
In 1980, the Parliament, in response to the rapid decline in the forest covers in India, and also to fulfill the
Constitutional obligation under Article 48-A, enacted a new legislation called the Forest Conservation Act,
1980. Deforestation causes ecological imbalance and leads to environmental deterioration . With a view to
check further deforestation, the President promulgated the Forest (Conservation) Ordinance, 1980 on the
October 25, 1980. The Ordinance made the prior approval of the Central Government necessary for de-
reservation of reserved forest and for use of forest land for non-forest purposes. Ordinance also provided for
the constitution of an advisory Committee to advise the Central Government with regard to grant of such
approval.
The Ordinance was later on replaced with the enactment of the Forest Conservation Act, 1980 that came into
force on October 25, 1980, which is the date on which the Forest Conservation Ordinance was promulgated.
The Act too was passed with a view to check deforestation. The basic aim of the Act was to provide for the
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conservation of forests and for matters connected therewith or ancillary or incidental thereto. Under the
provisions of this Act, prior approval of the Central Government is essential for diversion of forest lands for
the non-forestry purposes. In the national interest and in the interest of future generations, this Act, therefore,
regulates the diversion of forest lands to non-forestry purposes.
The basic objective of the Act is, to regulate the indiscriminate diversion of forest lands for non-forestry uses
and to maintain a logical balance between the developmental needs of the country and the conservation of
natural heritage. The, guidelines have been issued under the Act from time to time, to simplify the procedures,
to cut down delays and to make the Act more user friendly. Prior to 1980, the rate of diversion of forest lands
for non-forestry purposes was about 1.43 lakh hectare per annum. However, with the advent of the Forest
(Conservation) Act, 1980, the rate of diversion of forest lands were controlled to a certain extent. The Act
allows the diversion of forest land only for certain purposes such as to meet the developmental needs for
drinking water projects, irrigation projects, transmission lines, railway lines, roads, power projects, defense
related projects, mining etc. For such diversions of forest lands for non-forestry purposes, compensatory
afforestation is stipulated and catchment area treatment plan, wildlife habitat improvement plan, rehabilitation
plan etc. are implemented, to mitigate the ill effects of diversion of such vast area of green forests.
Under section 2 of the Act, prior approval of Central Government has to be obtained by the State Government
or other authority for undertaking any of the above mentioned activities. For this purpose, the proposal has to
be sent to the Central Government in the form specified in The Forest Conservation Rules, 1982. In case the
proposal for clearances are rejected, a person aggrieved by an order granting environmental clearance can
appeal to National Environmental Appellate Authority set up under National Environmental Appellate
Authority Act, 1997 within thirty days from the rejection of the proposal.
Objectives of the Forest Conservation Act 1980
The aim of the Forest is to preserve the forest ecosystem of India by fulfilling the following objectives:
Protect the forest along with its flora, fauna and other diverse ecological components while preserving the
integrity and territory of the forests.
Arrest the loss of forest biodiversity
Prevent forest lands being converted into agricultural, grazing or for any other commercial purposes and
intentions.
MADRAS FOREST ACT, 1882
The Act made provision for the protection and management of forests in the Madras presidency. The Forest
Act of 1865 was never extended to the presidency and the present Act is the first forest law enacted for this
presidency. The provisions of the Act were mostly taken, with some necessary modifications, from the Indian
Forest Act of 1878 and Burma Forest Act of 1881, which had been successfully implemented in other parts of
India[27]. The first objective of the Act was to provide for the constitution of the more important forests as
State reserves and either to clear them under arrangements or due compensation, of private rights which
militate against forest conservancy or to ascertain and define such rights so that future extension.
THE TAMIL NADU PRESERVATION OF PRIVATE FORESTS ACT 1949
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Originally this Act was enacted as a temporary Act. It was extended from time to time and was made
permanent in 1965. This Act was extended to the Shencottah taluk of the Tirunelveli district from 1 July
1966. It should be noted here that the Tamil Nadu Forest Act, 1882, had provisions under section 29 to
regulate private forests. Thus, the objectives set out in Tamil Nadu Preservation of Private Forests Act could
be achieved through the 1882 Act itself. In such circumstances, there was no necessity for a separate Act for
private forests. Even if additional provisions were required to be enacted, suitable amendments could have
been incorporated in the Act of 1882. Earlier, land of more than twelve hectares of continuous area was
covered by the Act and in 1979 it had been brought down to two hectares.
This could affect small farmers. The Act did not require any specific reasons for the declaration and there
were no guidelines for the declaration. An Act for regulating private forests should have been restricted to
conditions like prevention of natural disaster, soil erosion and so on. Without such criteria, the declaration
under the Act could not achieve its objectives. Improper use of this Act could lead to aversion and fear
against growing of any tree. Again there was no provision and mandatory clause in the Act for issuing notice
to owner of the land before declaring it under the Act. Natural justice demanded that there should be a
provision for issuing a notice to the owner of the land. Even the Tamil Nadu Forest Act enacted during the
British regime provided provision for the issue of notice to the owner before any regulation on private land.
Under Tamil Nadu Forest Act when a land was intended to be declared as reserved forest, if any claim or
right was admitted, the Government had to either acquire such land or come to an agreement with the
claimant for surrender of the right. Unfortunately, under the Tamil Nadu Preservation of Private Forests Act,
such provision was not available. Before 1965, when the Act was a temporary one, the owner had to forego
his rights only for a definite short term. But now the Act had been made a permanent one that the owner lost
his rights without being given any option to dispose of the land. This was unjust to the owner and a direct
threat to the private tree growing activities because it created possibilities of the tree grower losing his
customary rights over the land.
TYPES OF CLAIMS WHEN A FOREST IS PROPOSED TO BE MADE RESERVES
A forest dweller may claim ownership of the land proposed to be made as a reserved forest.
A claim may be asserted for rights to pasture or forest produce.
Special provisions apply to the practice of shifting cultivation, which the FSO may prohibit without any
compensation.
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KAMARUDDIN N. SHEIKH v. STATE OF MAHARASHTRA[37]
The petitioner was in possession of land which was declared as a private forest by an order passed by the
Sub-Divisional Officer, Bombay. He contented to protect his property interests. He filed an appeal before the
Maharashtra Revenue Tribunal. That appeal was dismissed by the Tribunal. He received a letter later on
from the Divisional Forest Officer, Borivali, directing to stop quarrying operations and to pay royalty to
Forest Department. The Maharashtra Revenue Tribunal after remand allowed the appeal and arrived at the
conclusion that the land in question was not a forest land. It was held by the High Court that the land was a
private forest which vests in the State Government under the Maharashtra Private Forests (Acquisition) Act,
1975
