Nature Lovers Movement vs . State of Kerala and Ors .

MANU/SC/0486/2009

This case was filed to check the validity of Section 2 of the Forest (Conservation) Act, 1980 is prospective in operation and whether the Government of Kerala could, without obtaining prior approval of the Central Government grant pattas/lease hold rights to the unauthorised occupants/encroachers of forest land.  Held, policy decision taken by the Government of Kerala to assign 28,588.159 hectares of forest land to unauthorized occupants/encroachers after seeking approval from the Central Government does not suffer from any legal infirmity – High Court rightly declined to interfere with the said decision. Where the State Government had not taken any policy decision to regularise pre-25th October, 1980 occupation/encroachment of forest land as per central Government guidelines no Order for regularisation of such occupation/encroachment can be passed without obtaining prior approval of the Central Government even though Section 2 is prospective in operation, Neither the State Government nor any other authority can make an order or issue direction for de-reservation of reserved forest or any portion thereof or permit use of any forest land or any portion thereof for any non-forest purpose or assign any forest land or any portion thereof by way of lease or otherwise to any private person or to any authority, corporation, agency or organization not owned, managed or controlled by the Government except after obtaining prior approval of the Central Government. Direction that as and when the State Government decides to assign 10,000 hectares of forest land to unauthorised occupants/encroachers, it shall do so only after obtaining prior approval of the Central Government and the latter shall take appropriate decision keeping in view the object of the 1980 Act – Appeal disposed of.