T. N Godavarman Thirumulpad v Union of India AIR 2000 SC 1636 /Forest Conservation—National Forest Policy, Forest Conservation Act,1980—Section 2(i)

Beginning December, 1996 the Supreme Court went one step ahead of the Maneka judgment [as to the Environment law], by issuing sweeping directions to oversee the enforcement of forest laws across the nation. Assisted by amicus curiae the court froze all wood based industrial activity, reinforced the scope of the embargo on forest exploitation, issued detailed directions for the sustainable use of forests and created its own monitoring and implementation machinery through regional and state level communities. The case has no parallel, even by the expansive standards of India’s pro-active judiciary. As the court assumes the role of a super-administrator, regulating the felling, use and movement of timber across the country in the hope of preserving the nation’s forest. The analysis is specially important in its impact in the North east region, where the wood based industries contribute substantially to the region’s economy. The Court examined in detail all the aspect of the National Forest Policy, the Forest Conservation Act, 1980, which was enacted with a view to check further deforestation. The word ‘forest’ must be understood according to its dictionary meaning. This covers all statutorily recognized forest, whether designated as reserved protected or otherwise for the purpose of sec. 2(i) of the Forest Conservation Act. The term ‘forest land’ occurring in sec. 2, will not only include ‘forest’ as understood in the dictionary sense, but also any area recorded as forest in the Government record irrespective of the ownership. Directions were issued, among them the following are the some of the important ones. 1. All forest activities throughout the country, without the specific approval of the Central Government must cease forthwith. Therefore running of saw mills, plywood mills and mining are all non forest purposes and they cannot carry on with the Central approval. 2. The felling of all trees in all forest is to remain suspended except in accordance with the working plan approved by the Central Government. 3. Complete ban on the movement of cut trees and timber from any seven north eastern states of the country either by rail, road or water ways. The Indian railways and state governments were directed to take all measures necessary to ensure strict compliance of this directions. Railways were asked to shift immediate to concert tracks than to using wooden sleepers. Defense establishments were also asked to find alternatives to consumption of wood based products. 4. A High power Committee was to be constituted to oversee the implementation of the judgment and to guide the Court in making further orders, especially in the North East. The Committee was directed to prepare an inventory of timber and timber products lying in the forest, transport depots and mills in the region. The HPC was empowered to permit the use or sale of timber products if it considered appropriate through the State Forest Corporation. 5. Licenses given to all wood based industries shall stand suspended. 6. An action plan shall be prepared by the Principal Chief Conservator of Forest for intensive patrolling and other necessary protective measures to be undertaken in identified vulnerable areas an d quarterly report shall be submitted to the Central Government for approval.