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Forest Conservation Efforts – NFP, Western Ghats, etc.

Haryana defines ‘Forest’: Controversy and Implications

Why in the News?

Haryana has notified the dictionary meaning of “forest” as per Supreme Court directions.

Haryana defines ‘Forest’: Controversy and Implications

Haryana’s definition of Forest:

  • Definition: A patch of land is deemed a forest if:
    • Minimum area: 5 hectares (isolated) or 2 hectares (contiguous with notified forest).
    • Minimum canopy density: 0.4 (40%) or more.
  • Exclusions: Linear/compact/agro-forestry plantations and orchards outside government-notified forests.
  • Aim: Create a uniform standard for identifying forests under the Forest (Conservation) Act, 1980 (FCA).

Issues with Haryana’s Definition:

  • High thresholds:
    • 40% canopy cover excludes scrub forests and dry deciduous vegetation like the Aravallis.
    • 2–5 hectare size requirement too high for an arid state with fragmented green cover.
  • Exclusion of Aravallis: Sensitive ridge areas risk exposure to illegal mining, encroachment, and real estate development.
  • Contradiction with Godavarman judgment (1996): SC had ruled that “forest” must be understood in its dictionary meaning, regardless of size, ownership, or canopy density.
  • Dilution of protection under FCA 1980: Narrows the scope of land eligible for forest safeguards.

Godavarman Case & FCA Background:

  • Forest (Conservation) Act, 1980: Restricted dereservation/diversion of forest land without Centre’s approval.
  • T N Godavarman v Union of India (1996): Court ruled “forest” must be understood in its dictionary meaning, covering all forested lands regardless of ownership or official status.
  • 2023 FCA Amendment: Limited scope to notified forests and recorded forest lands.
    • Amendment challenged by retired IFS officers and NGOs for diluting FCA protections.
  • SC in February 2024 directed States/UTs to continue using Godavarman definition while case is ongoing.

 

[UPSC 2005] The minimum land area recommended for forest cover to maintain proper ecological balance in India is

Options: (a) 0.25 (b) 0.33* (c) 0.43 (d) 0.53

 

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