New Delhi: The Supreme Court of India on Thursday reaffirmed that forest land cannot be leased or used for cultivation without the prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980. The Court declared that any lease granted in violation of this law is illegal and cannot be continued.
A bench comprising Justices Vikram Nath and Sandeep Mehta set aside the Karnataka High Court’s order that had allowed the Gandhi Jeevan Collective Farming Cooperative Society Limited to continue a lease on forest land in Dharwad district.
Key Observations by the Court
The Supreme Court observed:
- Allowing cultivation on forest land is equivalent to clearing the forest, violating Section 2 of the Forest (Conservation) Act, 1980.
- The illegality of the lease granted to the cooperative society cannot be perpetuated, even after more than a decade of cultivation.
- The State Forest Department has been directed to restore the land within 12 months by planting indigenous trees and plants.
The Court emphasized that the 134-acre forest area affected by the lease had suffered significant deforestation and the society is not entitled to any extension of the illegal lease.
Background of the Dispute
The disputed land, located in Benachi and Tumarikoppa villages of Kalghatgi taluk, was leased by the Karnataka government to the cooperative society for agricultural purposes from June 30, 1976, for ten years. During the lease, trees were cleared and the land was cultivated. After the lease expired in 1985, the State refused to renew it.
The cooperative society challenged the termination through multiple writ petitions and civil suits between 1985 and 2007, with the Forest Department eventually taking possession of the land on 23 January 2007. The High Court had earlier allowed the society to submit a representation for consideration by the Ministry of Environment and Forests, but the Supreme Court held this was legally untenable.
Legal Precedents Cited
The Supreme Court referred to its 1996 Godavarman Thirumulpad v. Union of India ruling and the 2000 Centre for Environmental Law, WWF-I v. Union of India case, which prohibit de-reservation or use of forest land for non-forest purposes without Central Government approval.
Court Directions
- The lease is illegal and cannot continue.
- The Forest Department must restore the forest land with indigenous trees within 12 months.
The State of Karnataka’s civil appeal challenging the 2009 High Court judgment was allowed.
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