What is a forest? State complies with SC order, notifies definition

In pursuance of the Supreme Court judgment in TN Godavarman Thirumulpad v. Union of India, the Environment, Forest, and Wildlife Department of Haryana has notified the definition of forest.

As per the notification, dated August 18, a patch of land shall be deemed to be “forest as per dictionary meaning" if it fulfils the following conditions — a minimum area of 5 hectares, if it is in isolation; and a minimum area of 2 acres, if it is in contiguity with government-notified forests. Further, it should have a canopy density of 0.4 or more.

“Provided that, all linear/compact/agro-forestry plantations and orchards situated outside the government-notified forests shall not be treated as forest under the above definition,” added the notification.

Vide its order dated December 12, 1996, in the Godavarman case and subsequent directions, the Supreme Court had held that the term “forest” must be understood in its dictionary meaning, irrespective of ownership or legal notification. It had directed all states to identify and report all such forest areas, whether notified under the Indian Forest Act, recorded in revenue records, or merely conforming to the dictionary sense of the term, to ensure that the provisions of the Forest (Conservation) Act, 1980, apply uniformly to all natural forest lands.

Additional Chief Secretary (ACS), Environment, Forest, and Wildlife Department, Anand Mohan Sharan, said, “We have defined the forest as per the Supreme Court mandate in the Godavarman case. Before this, there was no definition. There was ambiguity on what is classified as a forest. Now, all such lands which come under the definition will receive protection under the Forest (Conservation) Act.”

Principal Chief Conservator of Forests Vineet Garg said, “The next course of action is to identify lands that fall under the definition. They can be private lands, community lands, or panchayat lands, too. Two committees have been formed for the purpose. One is the district-level committee under the DC, which will send the proposals. The state-level committee under ACS will look into those proposals and give its recommendations. After the notification of forest lands, the Chief Secretary will submit an affidavit in the Supreme Court.”

“By providing an objective standard, the State has addressed long-standing ambiguities in land classification, enabling forest authorities, revenue officers, and project proponents to assess forest status transparently, regulate diversions lawfully, and maintain compliance with the directions of the apex court,” said retired IFS officer G Raman.

Haryana Tribune