Case Note & Summary
The appeal arose from a judgment of the National Green Tribunal (NGT) dated 05.04.2019 in Original Application No.626 of 2016. The appellant, Chandra Prakash Budakoti, a journalist and editor of a Hindi newspaper, filed a public interest application before the NGT alleging large-scale felling of trees and blasting activities in private forests at Patti Dhamnsu, Narendranagar, District Tehri Garhwal, Uttarakhand, particularly in Khasra Nos. 512, 514, and 605. He sought directions to stop tree felling and construction. The NGT, after considering inspection reports from the Forest Survey of India and a joint committee of the Ministry of Environment and Forests, held that Khasra Nos. 512 and 513 were private forests attracting the Forest (Conservation) Act, 1980, and directed initiation of proceedings for violations. However, regarding Khasra No. 605, the NGT accepted the site inspection report that the land was recorded as 'banjar' (barren) in revenue records and did not qualify as a deemed forest, thus not attracting the Act. Aggrieved, the appellant appealed to the Supreme Court. The Supreme Court examined the submissions. The appellant argued that Khasra No. 605 was a deemed forest based on the dictionary meaning of 'forest' as per T.N. Godavarman Thirumulpad v. Union of India, and relied on Google images and FSI reports showing degradation. The respondent No. 9, Mahananda Spa and Resorts Pvt. Ltd., contended that the land was barren in revenue records, and construction was carried out with all necessary approvals, including environmental clearance granted on 03.03.2016. The Supreme Court noted that the NGT had correctly relied on the site inspection report which found that Khasra No. 605 was not recorded as forest in revenue records and had sparse vegetation. The Court held that the FSI report was inconclusive due to discrepancies in area, and the joint inspection report was more reliable. The Court also observed that the direction regarding Khasra Nos. 512 and 513 was not challenged and required implementation. The Supreme Court dismissed the appeal, upholding the NGT's order that Khasra No. 605 is non-forest land and not subject to the Forest (Conservation) Act, 1980.
Headnote
A) Environmental Law - Forest Conservation - Applicability of Forest (Conservation) Act, 1980 - Deemed Forest - The issue was whether Khasra No. 605, recorded as 'banjar' (barren) land in revenue records, could be considered a 'deemed forest' under the Forest (Conservation) Act, 1980. The Supreme Court held that since the revenue records showed the land as barren and not as forest, and the site inspection confirmed sparse vegetation and ongoing construction, the land did not qualify as a deemed forest. The Court relied on the principle in T.N. Godavarman that forest land includes all lands recorded as forest in government records, but here the record did not show forest. (Paras 8-14) B) Environmental Law - Forest Conservation - Private Forests - Khasra No. 512 and 513 were recorded as private forests in revenue records, and the Tribunal directed initiation of proceedings for violation of the Forest (Conservation) Act, 1980 for non-forestry activities. The Supreme Court noted that this direction was not challenged and required implementation. (Paras 5-7) C) Environmental Law - Environmental Clearance - Built-up Area Threshold - The construction by Respondent No. 9 was granted environmental clearance on 03.03.2016 after site inspection, as the built-up area exceeded 20,000 sq. meters, requiring clearance under the notification dated 14.09.2006. The Court found no illegality in the clearance. (Paras 10-11)
Issue of Consideration
Whether Khasra No. 605 in Narendranagar, Tehri Garhwal, Uttarakhand, is a 'deemed forest' attracting the provisions of the Forest (Conservation) Act, 1980, and whether the National Green Tribunal erred in holding that it is non-forest land.
Final Decision
The Supreme Court dismissed the appeal, upholding the NGT's order that Khasra No. 605 is non-forest land and not subject to the Forest (Conservation) Act, 1980. The Court directed implementation of the NGT's directions regarding Khasra Nos. 512 and 513.
Law Points
- Forest (Conservation) Act
- 1980
- applicability to private forests
- deemed forest concept
- T.N. Godavarman Thirumulpad v. Union of India
- reliance on revenue records
- environmental clearance requirements
