New Delhi, Dec 19 (UNI) The Supreme Court has reiterated that forest land cannot be diverted or utilised for non-forestry purposes, including agricultural cultivation, without prior approval of the Central Government as mandated under the Forest (Conservation) Act, 1980.
Hearing an appeal filed by the State of Karnataka, the Court held that permitting or continuing agricultural activity on forest land would inevitably involve clearing of forest cover, which is expressly barred under the statutory scheme governing forest conservation.
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta set aside a judgment of the Karnataka High Court, which had allowed a cooperative society to make a representation for the continuation of a lease over forest land for agricultural purposes.
The Supreme Court categorically observed that forest land cannot be allowed to be used for any non-forestry activity, and agriculture squarely falls within the definition of a non-forest purpose.
“Granting permission to cultivate forest land would necessarily require clearing of forest and such a course of action is directly contrary to Section 2 of the Forest (Conservation) Act, 1980, which prohibits de-reservation or diversion of forest land for non-forestry purposes without prior approval of the Central Government,” the Bench observed.
The case arose from a lease granted by the Karnataka government in 1976, under which around 134 acres of forest land were allotted to a cooperative society for agricultural use for a period of ten years.
During the lease period, trees were cleared, and cultivation was undertaken. After the lease expired, the State declined to renew it, following which the society initiated a series of legal proceedings.
After prolonged litigation, the Forest Department initiated eviction proceedings under the Karnataka Forest Act and the Karnataka Forest Manual and reclaimed possession of the land.
Despite this, the High Court granted liberty to the society to approach the Central Government seeking continuation of the lease, leading to the present appeal.
Examining the statutory framework, the Supreme Court noted that the Forest (Conservation) Act, 1980 places an absolute embargo on the use of forest land for non-forestry purposes without Central approval.
The Bench relied on the binding directions issued in T.N. Godavarman Thirumulpad v. union of India, which mandate that any non-forest activity within forest areas must cease unless specifically approved by the Central Government.
The Court observed that the original grant of the lease itself was unwarranted, as it resulted in extensive deforestation and degradation of forest land.
It further held that the respondent society, having already cultivated the land for over a decade, was not entitled to any further indulgence.
“No permission could have been granted to perpetuate the illegality committed while granting the lease of forest land to the respondent cooperative society,” the Bench stated, adding that any attempt to continue agricultural activity on forest land would be in clear violation of law as well as earlier orders of the Supreme Court prohibiting de-reservation of forests.
Allowing the appeal, the Supreme Court set aside the High Court’s judgment and held that no permission could be granted for the continuation of an agricultural lease over forest land.
The Court directed the Karnataka Forest Department to restore the forest on the land in question by planting indigenous trees and vegetation, in consultation with experts, within a period of twelve months.
The matter has been scheduled for listing after one year to facilitate the submission of a compliance report.
Forest land can’t be used for agriculture without Centre’s approval: SC
