N. C. Bahuguna

Abstract

The Apex Court has clarified that with a view to check deforestation, the word 'forestland' occurring in section 2 of Forest Conservation Act, 1980 will include 'forest' in dictionary sense in addition to recorded forest irrespective or ownership or classification thereof. Most of the States could, however, not define the 'forest' in dictionary sense due to confusion about minimum vegetation density and minimum areas for consideration. For proper application of FCA, ecological consideration should also be given due weightage. Small areas should be excluded from the definition of forest unless there are rare and endangered flora and fauna. Large wilderness areas, devoid of trees, which are free from human interference, should be considered forest. The areas between 1.0ha with density 1.0 and 100ha with density zero should be treated as forest. The values in between could be calibrated on the basis of exponential decrease in density. Plantations raised on non-forestlands should not be treated as forest.

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N. C. Bahuguna

Abstract

A lot of confusion prevails over the definition of forest. Attempts to define the word 'forest' applicable in all conditions have not yielded any result. In reference to Forest (Conservation) Act, 1980, the Apex Court has interpreted that in addition to recorded forest, a forest must also be understood by its dictionary meaning. For a meaningful application of this Act, all lands, whether covered with trees or not ifsignificant ecologically, must come under the meaning of forest. Simultaneously, plantation raised by people on their land under social forestry schemes should be excluded under the Act.

Full Text

     

N. C. Bahuguna

Abstract

A lot of confusion prevails over the definition of forest. Attempts to define the word 'forest' applicable in all conditions have not yielded any result. In reference to Forest (Conservation) Act, 1980, the Apex Court has interpreted that in addition to recorded forest, a forest must also be understood by its dictionary meaning. For a meaningful application of this Act, all lands, whether covered with trees or not if significant ecologically, must come under the meaning of forest. Simultaneously, plantation raised by people on their land under social forestry schemes should be excluded under the Act.

Full Text