Forest land cannot be leased for farming without Centre's approval: SC

The Supreme Court ruled that forest land cannot be leased or used for agricultural purposes without prior approval from the central government under Section 2 of the Forest (Conservation) Act, 1980.

 

The apex court on Thursday held that any lease granted in violation of the law is illegal and cannot be allowed to continue.

 

Allowing cultivation on forest land, the court said, inevitably requires clearing of forests and directly violates the Forest (Conservation) Act, which bars the use of forest land for non-forestry purposes without central approval.

 

“This Court in a catena of decisions has passed numerous mandatory directions prohibiting dereservation of forest. Granting permission to cultivate the forest land would essentially require clearing of forest and such a course of action is in the teeth of Section 2 of the Forest (Conservation) Act, 1980,” the court said.

 

 

Background of the case

 

The case arose from an appeal filed by the Karnataka government against a 2009 Karnataka High Court order, which had allowed a cooperative society to make a representation seeking continuation of a lease on forest land.

 

The Supreme Court said that the state government had granted 134 acres and six guntas of forest land in Benachi and Tumarikoppa villages of Dharwad district to a cooperative society on a 10-year lease between 1976 and 1986 for agricultural use.

 

“The members of the respondent-Cooperative Society cleared the trees from the forest areas and started cultivating the same,” the court recorded, adding that the state government refused to extend the lease after its expiry and formally terminated it in March 1985.

 

The society challenged the termination through multiple writ petitions and civil suits over the years. While some interim reliefs were granted earlier, the Forest Department eventually initiated eviction proceedings under the Karnataka Forest Act.

 

The court further said that the possession of the land was finally taken back by the Forest Department on January 23, 2007, with official mahazars drawn and warning boards installed to prevent unauthorised entry.

 

Court’s findings

 

Referring to earlier landmark rulings, including T N Godavarman Thirumulpad v. Union of India, the apex court held that the very grant of lease was unlawful.

 

“Having considered the submissions advanced at bar, we are of the firm opinion that the very grant of lease to the respondent-Cooperative Society for agricultural purposes was uncalled for because it led to devastation and deforestation of huge forest area,” the court said.

 

It further observed that forest land cannot be diverted for non-forestry purposes, such as agriculture, under existing laws.

 

“As per the extant statutes, forest lands could not be allowed to be used for non-forestry purposes, which would include agriculture,” the bench said.

 

Rejecting the High Court’s direction that allowed the society to seek continuation of the lease, the Supreme Court held that no permission could be granted to perpetuate an illegality.

 

“No permission could have been granted to perpetuate the illegality committed while granting the lease of the forest land,” the judgment stated.

 

Restoration ordered

 

Taking note of the fact that the Forest Department already holds possession of the land, the court directed ecological restoration of the area.

 

“The Forest Department, State of Karnataka, is directed to restore the forest on the 134 acres of released land by planting indigenous plants and trees in due consultation with experts,” the court ordered.