Compensatory Afforestation : State Government directed to amend circular to comply with Central laws and guidelines.

National Green Tribunal Directs Amendment of Rajasthan's Circular on Non-Forestry Activities. Tribunal finds Rajasthan's Circular Contravening Central Environmental Laws; Orders Compliance with Forest Conservation and Compensatory Afforestation Acts

In a significant judgment, the National Green Tribunal (NGT), Central Zone Bench, Bhopal, has directed the Rajasthan State Government to amend its circular dated June 9, 2023. The circular, which aimed to streamline procedures for non-forestry activities in plantations raised by the Forest Department, was found to be in violation of the Forest (Conservation) Act, 1980, and the Compensatory Afforestation Fund Act, 2016, as well as guidelines issued by the Supreme Court of India.

The judgment was delivered by the bench comprising Mr. Justice Sheo Kumar Singh and Mr. Sudhir Kumar Chaturvedi, following an application filed by Naresh Chaudhary against the Union of India and others. The tribunal found that the circular exempted state agencies from compensatory afforestation measures, which are crucial for addressing ecological concerns.

The tribunal criticized the circular for not adhering to the requirement of prior approval from the Central Government for non-forest activities on forest lands, as mandated by the Forest (Conservation) Act, 1980. The tribunal also highlighted the importance of the Compensatory Afforestation Fund Act, 2016, which aims to ensure that funds realized from the diversion of forest land are used for appropriate ecological mitigation measures.

Furthermore, the tribunal noted that the circular contradicted an earlier directive from the Supreme Court and a previous circular issued on September 2, 2006. The NGT emphasized the need for the Rajasthan government to ensure strict compliance with central environmental laws and guidelines, and to involve local communities and other stakeholders in forest conservation efforts.

The tribunal's decision underscores the critical role of environmental law in safeguarding India's natural resources and ensuring sustainable development. The judgment mandates the Rajasthan government to amend the circular in line with the recommendations of a high-level committee appointed by the tribunal, which called for stricter adherence to central laws and the inclusion of compensatory afforestation measures for all agencies, irrespective of their status.

The tribunal's directive is a reminder of the importance of balancing development with environmental conservation, and the legal obligations of state governments to comply with national policies and international commitments for protecting biodiversity and forest ecosystems.

Bottom Line:

Forest Conservation and Environmental Law - State Government's circular modifying procedures for non-forestry activities in plantations raised on government/community lands found in violation of Forest (Conservation) Act, 1980 and guidelines issued by Central Government and Supreme Court - Directions issued for amendment of circular to comply with the provisions of Forest (Conservation) Act, 1980 and Compensatory Afforestation Fund Act, 2016.

Statutory provision(s): Forest (Conservation) Act, 1980, Compensatory Afforestation Fund Act, 2016, Supreme Court Guidelines, Circular dated 02.09.2006, Circular dated 09.06.2023.

Naresh Chaudhary v. Union of India, (NGT)(Central Zone Bench, Bhopal) : Law Finder Doc Id # 2803944