Context:
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The Supreme Court of India has reaffirmed that forest land cannot be leased or diverted for agriculture without obtaining prior approval from the Central Government.
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This strengthens the implementation of the Forest (Conservation) Act, 1980, aimed at preventing large-scale forest diversion.
Key Highlights:
Case Background
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The judgment arose from a dispute involving the Karnataka government and the Gandhi Jeevan Co-operative Society Limited.
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The case concerned a lease of 134 acres and 6 guntas of forest land in Dharwad district.
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The Supreme Court set aside a Karnataka High Court order that had allowed the society to seek continuation of its lease.
Legal Principle Involved
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The Court reiterated that any use of forest land for non-forestry purposes, including agriculture, requires mandatory Central Government clearance.
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Cultivation often requires clearing forests, which violates Section 2 of the Forest (Conservation) Act, 1980.
Environmental Concern
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The Court noted that the initial lease was illegal as it resulted in deforestation and devastation of a large forest area.
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It also emphasized previous judicial directives against de-reservation of forests.
Relevant Prelims Points:
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Forest (Conservation) Act, 1980 restricts diversion of forest land for non-forestry use.
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Section 2 makes Central approval compulsory for:
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Leasing forest land
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Clearing forest for agriculture or development
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De-reserving protected forests
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Key Terms
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Non-forestry purposes: Agriculture, industry, mining, infrastructure, etc.
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De-reservation: Removing legal protection status of forest land.
Benefits of the Ruling
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Strengthens forest governance
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Prevents arbitrary diversion of ecologically sensitive land
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Supports sustainable development commitments
Challenges
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Pressure from developmental and agricultural demands
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Conflicts between State actions and Central regulatory powers
Relevant Mains Points:
Constitutional and Governance Dimensions
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Forest protection reflects India’s commitment under:
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Article 48A (State duty to protect environment)
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Article 51A(g) (Citizen’s duty to safeguard nature)
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Significance for Environment and Ecology
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Prevents fragmentation of forest ecosystems
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Ensures legal accountability in land diversion decisions
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Reinforces the role of the Centre in ecological regulation
Way Forward
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Strengthen monitoring of forest leases and encroachments
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Ensure transparent clearance mechanisms
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Promote community-based forest conservation alongside development needs
UPSC Relevance (GS-wise):
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GS 2: Centre–State relations, judicial review, governance
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GS 3: Forest conservation, environmental laws, sustainable development
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Prelims: Forest (Conservation) Act, Section 2, de-reservation, non-forestry activities