DEFINITION OF FORESTS

Aug. 28, 2022

The Union Ministry of Environment has objected to the transfer of thousands of hectares of land without following due process by Chhattisgarh from its Forest to the Revenue Department for setting up industries and for building road, rail, and other infrastructure.

About:

  • While the Chhattisgarh government has described these areas as non-forest land that were earlier given “by mistake” to the Forest Department, the Environment Ministry has warned that the land in question is “undemarcated protected forests”, which cannot be used for non-forest purposes without clearance under the Forest Conservation (FC) Act, 1980.
  • Broadly, state Forest Departments have jurisdiction over two types of forests notified under the Indian Forest (IF) Act, 1927: Reserve Forests (RF), where no rights are allowed unless specified; and Protected Forests (PF), where no rights are barred unless specified. Certain forests, such as village or nagarpalika forests, are managed by state Revenue Departments.
  • The FC Act, 1980, applies to all kinds of forests, whether under the control of the Forest or the Revenue Department, and it requires statutory clearance before forests can be used for any non-forest purpose such as industry, mining, or construction. In 1976, forests were included in List III (Concurrent List) under the Seventh Schedule of the Constitution.