Forest conservation limits State power to regularize old encroachments only with prior Central approval.

Section 2 of the Forest (Conservation) Act, 1980 bars any post-25.10.1980 State action de-reserving forest land, permitting non-forest use, or assigning forest land by lease or otherwise without prior Central approval, and the provision must be read to advance forest conservation. The article also explains that pre-1.1.1977 encroachments may be regularized only where the State had already taken a qualifying pre-Act decision and the Central Government approves the proposal subject to conservation conditions such as demarcation and compensatory afforestation. Approved regularization of old encroachments is distinct from any future proposal, which still requires prior approval and conformity with the Act and guidelines.

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Issues: (i) Whether Section 2 of the Forest (Conservation) Act, 1980 is prospective in operation so as to require prior approval of the Central Government for any post-25.10.1980 order permitting use of forest land for non-forest purpose, lease or assignment; (ii) whether the State Government could validly regularize pre-1.1.1977 forest encroachments by assignment of land after obtaining Central approval, and whether the High Court's contrary declaration was sustainable.

Issue (i): Whether Section 2 of the Forest (Conservation) Act, 1980 is prospective in operation so as to require prior approval of the Central Government for any post-25.10.1980 order permitting use of forest land for non-forest purpose, lease or assignment?

Analysis: Section 2 contains a non obstante clause and restricts any State action directing de-reservation of forest, use of forest land for non-forest purpose, or assignment by lease or otherwise, except with prior approval of the Central Government. The statutory object is conservation of forests and prevention of further depletion, and the provision must be interpreted to advance that object. Earlier use of forest land for non-forest purposes prior to the Act does not permit fresh post-Act orders extending, renewing, or authorising such use without approval. The settled position is that after 25.10.1980 the State cannot act suo motu in respect of forest land.

Conclusion: The provision is prospective in the sense that post-25.10.1980 orders affecting forest land require prior Central approval; the High Court's broad contrary declaration was unsustainable.

Issue (ii): Whether the State Government could validly regularize pre-1.1.1977 forest encroachments by assignment of land after obtaining Central approval, and whether the High Court's contrary declaration was sustainable?

Analysis: The record showed that the State had taken a pre-1980 policy decision to regularize only encroachments made before 1.1.1977 and to evict later encroachments, and the Central Government granted approval subject to conditions including demarcation and compensatory afforestation. That approval was consistent with the Central guidelines permitting consideration of old encroachments where the State had already taken a pre-25.10.1980 regularization decision. The Court found no legal infirmity in the regularization of 28,588.159 hectares already approved. As to the further 10,000 hectares, no final State decision had yet been taken, so the challenge was premature, though any future proposal would require prior Central approval and consideration of the Act's object and guidelines.

Conclusion: The regularization already approved was upheld, future regularization would require prior Central approval, and the High Court's finding that questioned the approved regularization was set aside.

Final Conclusion: The appeal succeeded only to the extent of correcting the legal position on Section 2 and setting aside the unsustainable declaration of the High Court, while sustaining the approved regularization of pre-1.1.1977 encroachments and insisting on prior Central approval for any future assignment of forest land.

Ratio Decidendi: After 25.10.1980, no State Government can de-reserve forest land, permit non-forest use, or assign forest land by lease or otherwise except with prior approval of the Central Government; pre-Act regularization is permissible only where the State had already taken a qualifying decision before the Act and the Central Government approves it in accordance with the conservation guidelines.

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