TN Godarvarman case Flashcards
What definition of forest did the Supreme Court mandate governments to follow?
The broad and all-encompassing definition established in the 1996 T N Godavarman case.
To what type of land was the Forest (Conservation) Act, 1980 initially applicable?
Initially, it was applicable only to notified forest land.
What was the impact of the 1996 T.N. Godavarman vs. Union of India Supreme Court judgment on the Act?
The Act’s applicability expanded to include recorded forest areas and areas resembling forests as per their dictionary definition.
Which bench of the Supreme Court issued the recent directive on forest definition?
A three-judge Bench led by Chief Justice of India (CJI) D Y Chandrachud.
What does the revised coverage of the Forest (Conservation) Act include?
It now covers revenue forest land, recorded forest areas, and land resembling forests according to the dictionary meaning.
Which subsections restrict unauthorized non-forest use of any forest land, not limited to “reserved forests.”
sub-sections ii, iii, and iv of Section 2 of the Forest (Conservation) Act, 1980
What does Section 2(i) of the Forest (Conservation) Act, 1980 mandate?
It mandates that no reserved forest can cease to be reserved without prior central government approval.
What did the Supreme Court reiterate in the case of Narinder Singh & Ors vs. Divesh Bhutani & Ors (July 2022)?
Clause (i) specifically addresses reserved forests, while clauses (ii), (iii), and (iv) pertain to all other forests, covering the dictionary definition of “forest.”
How do Chhattisgarh and Madhya Pradesh define a forest?
As a tract of at least 10 hectares with a density of 200 trees or more per hectare.
What are deemed forests in the context of state definitions?
Lands already used for non-forestry purposes, with the necessary approvals, that often meet state criteria for being classified as “deemed forests.”
How does Goa define a forest?
As land with at least 75% coverage of forest species.
How does the Forest (Conservation) Amendment Act, 2023 redefine ‘forest’?
It narrows the definition to include only lands notified as ‘forest’ under the Indian Forest Act, 1927, and lands recorded as ‘forests’ in government records.
exemption for small forest land in the Forest (Conservation) Amendment Act, 2023 is up to x hectares of forest land for connectivity to habitation and establishments near roads and railways.
0.10
The petitions reflected concerns about the potential exclusion of x of India’s forests outside Recorded Forest Areas from the purview of the Forest Conservation Act (FCA).
28%
How much forest land is exempted for security-related infrastructure under the Forest (Conservation) Amendment Act, 2023?
Up to 10 hectares for security-related infrastructure.
Who filed the recent challenge to the Forest (Conservation) Amendment Act, 2023?
Ashok Kumar Sharma, IFS (Retd) & Ors v. Union of India & Ors.
