Summary
| Category | Data |
|---|---|
| Court | Supreme Court of India |
| Case Number | C.A. No.-003661-003661 – 2011 |
| Diary Number | 31755/2009 |
| Judge Name | HON’BLE MR. JUSTICE SANDEEP MEHTA |
| Bench |
HON’BLE MR. JUSTICE VIKRAM NATH HON’BLE MR. JUSTICE SANDEEP MEHTA |
| Precedent Value | Binding |
| Overrules / Affirms | Affirms statutory requirement; sets aside High Court direction to seek representation |
| Type of Law | Forest conservation / environmental administrative law |
| Questions of Law | Whether a lease of forest land for agricultural (non-forest) purposes without prior approval of the Central Government is void under Section 2 of the Forest (Conservation) Act, 1980. |
| Ratio Decidendi | The grant of a lease for agricultural use of forest land without prior Central Government approval violates Section 2 of the Forest (Conservation) Act, 1980 and is therefore void. Courts cannot regularize such grants by seeking representations, and must enforce eviction and restoration of forest cover in accordance with law and Supreme Court precedents prohibiting de-reservation without approval. |
| Judgments Relied Upon |
Centre For Environmental Law, WWF-I v. Union of India (2000 SCC OnLine SC 119) T.N. Godavarman Thirumulpad v. Union of India & Ors. (Continuing Mandamus, 1996) |
| Logic / Jurisprudence / Authorities Relied Upon by the Court |
|
| Facts as Summarised by the Court | The State granted a 10-year lease (1976–1986) of 134 acres of forest land for agriculture without Central approval; lease was not extended, leading to litigation in writ petitions and civil suits; eviction proceedings were initiated under the Karnataka Forest Act; the High Court directed the society to make a representation to the Deputy Conservator for Central approval. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All courts in India |
| Overrules | High Court’s order directing fresh representation under Writ Appeal No. 1079 of 2008 |
| Follows |
Centre For Environmental Law (2000 SCC OnLine SC 119) T.N. Godavarman Thirumulpad (1996) |
What’s New / What Lawyers Should Note
- Reaffirms that any lease or assignment of reserved forest land for non-forest purposes (e.g., agriculture) without prior Central Government approval is void ab initio under Section 2 of the Forest (Conservation) Act, 1980.
- Clarifies that courts cannot cure such illegality by directing the grant of an opportunity to apply for Central approval.
- Confirms that eviction and restoration directions under inherent powers must follow statutory mandate and earlier Supreme Court orders.
- Lawyers can cite this decision to oppose any relief seeking regularization of non-forest use of reserved forest land.
Summary of Legal Reasoning
- The lease of 134 acres of reserved forest land for agriculture (a “non-forest purpose”) was granted without prior Central Government approval, contrary to Section 2 of the Forest (Conservation) Act, 1980.
- Supreme Court precedents (Centre for Environmental Law; Godavarman) categorically prohibit any de-reservation or non-forest activity without prior Central approval.
- The High Court’s direction to let the cooperative seek fresh representation to the Deputy Conservator (and through him to the Central Government) attempted to regularize a void grant.
- Statutory language and binding precedents leave no room for inherent-power-based cure of the illegality.
- Eviction by the Forest Department was lawful; direction issued for restoration of forest cover within 12 months.
Arguments by the Parties
Appellant (State of Karnataka):
- Lands are “forest” under the Karnataka Forest Act and Forest Conservation Act, 1980.
- Any lease for non-forest purposes without Central approval is illegal and void.
- High Court order to seek representation is contrary to Section 2 and Supreme Court precedents.
Respondent (Cooperative Society):
- No detailed submissions recorded in the judgment beyond seeking continuation of lease via representation.
Factual Background
The State of Karnataka granted a 10-year agricultural lease (1976–1986) of 134 acres of reserved forest land without Central Government approval. After the lease was not extended, the co-operative society challenged termination in writ petitions and civil suits; possession was eventually taken by the Forest Department in January 2007. The High Court directed the society to file a representation to the Deputy Conservator for Central approval, leading to this appeal.
Statutory Analysis
- Section 2 of the Forest (Conservation) Act, 1980: prohibits any order de-reserving forest or using forest land for non-forest purposes, including agriculture, without prior Central Government approval.
- Defines “non-forest purpose” to include cultivation of horticultural or agricultural crops.
- Any lease or assignment for such use is void ab initio.
Alert Indicators
- ✔ Precedent Followed