The Supreme Court has directed all states and Union territories (UTs) to complete the identification of forest land within six months. It warned that chief secretaries and administrators would be personally held responsible if they failed to meet the deadline. This order was issued while hearing petitions challenging amendments to the Forest Conservation Act, 1980 (FCA).
Supreme Court’s Directive on Forest Identification
A bench led by Justice Bhushan R Gavai emphasized that identifying forest land is crucial for protecting India’s forest cover. The court referred to Rule 16(1) of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, Rules 2023, which mandates all states and UTs to create a comprehensive record of forest land. This includes classified, unclassified, and community forests.
Recognizing that many states and UTs had not yet completed this process, the court ordered the formation of expert committees where they were not already constituted. The court stated:
- States and UTs without expert committees must form them within a month.
- These committees must complete the identification and scientific demarcation of forest land within six months.
- A report must be submitted to the Union government, which will then present it before the court.
Government’s Response and Court’s Warning
Additional Solicitor General Aishwarya Bhati, representing the Centre, informed the court that a similar order had been passed on February 19, 2024, requiring states and UTs to complete the identification process by March 31, 2024. However, compliance had been slow.
The court warned that if the order was not followed “in letter and spirit,” it would hold the respective chief secretaries and UT administrators accountable. The matter will be reviewed in six months.
Current Status of Compliance
The Centre submitted an affidavit detailing the actions taken so far. According to the affidavit:
- 33 states and UTs have provided reports on expert committee findings in line with the 1996 TN Godavarman case.
- Four states/UTs have set up expert committees only after the Supreme Court’s recent orders.
- Only three states—Sikkim, Odisha, and Gujarat—have fully complied with Rule 16(1).
- Several other states requested an extension of up to four months to finish the identification process.
Concerns Raised by Petitioners
Senior advocate Prashanto Chandra Sen, representing some petitioners, argued that merely identifying forest land would be insufficient unless states also complied with the 2011 Lafarge case ruling. This judgment required states to develop and maintain a Geographic Information System (GIS)-based database, mapping all forest land with clear boundaries.
Advocate Gopal Sankaranarayanan, representing another group of petitioners, demanded that no forest land should be diverted for other purposes until the identification process was complete.
Advocate Prashant Bhushan expressed concern over the delays, suggesting that some states might not be serious about protecting forests.
Forest Cover and Loss in India
According to the India State of Forest Report (ISFR) 2023, India’s total forest and tree cover stands at 8.27 lakh square kilometers, covering about 25% of the country’s geographical area. However, petitioners highlighted that between ISFR 2021 and 2023, 1,488 sq km of unclassified forests were lost, raising concerns over deforestation and environmental degradation.
The Supreme Court’s order aims to ensure proper identification and protection of forest land across India. While some states have complied, many others are yet to complete the process. The court has taken a firm stance by setting a strict deadline and warning officials of personal accountability. The next six months will be crucial in determining how effectively this directive is implemented to safeguard India’s forests.
