A. CHOWGULE & CO. LTD. versus GOA FOUNDATION & ORS.

A. CHOWGULE & CO. LTD. versus GOA FOUNDATION & ORS.

Prior approval of the Central Government, following the prescribed procedures under the Forest Conservation Act and Rules, is essential for de-reserving or diverting forest land for non-forest purposes. Ex post facto approval does not legitimize illegal leases or dereservation. The land in question, though sometimes described as 'Dry Crops Land', was extensively forested as shown by affidavits and government records, bringing it within the ambit of 'forest' under the law. The appeal fails, and the lease was void for lack of prior approval.

Parties
Appellant: A. Chowgule & Co. Ltd.; Respondents: Goa Foundation & Others
Jurisdiction
India
Judgment Date
18 August 2008
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Forest Land Conversion, Prior Government Approval, Compensatory Afforestation, Deforestation Regulation, Mining Leases
Environmental Law Administrative Law Forest Land Conversion Prior Government Approval Compensatory Afforestation Deforestation Regulation Mining Leases

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Parties

A. Chowgule & Co. Ltd.

Appellant

Goa Foundation & Others

Respondents

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether prior approval of the Central Government as per Forest Conservation Act, 1980 and Forest (Conservation) Rules, 1981 is required for de-reservation/diversion of forest land
  2. 2 Whether ex post facto approval by Central Government cures defects in dereservation or diversion of forest land
  3. 3 Whether the leased land constituted 'forest' or 'forest land' under the relevant Act and Rules

Ratio Decidendi

Prior approval of the Central Government, following the prescribed procedures under the Forest Conservation Act and Rules, is essential for de-reserving or diverting forest land for non-forest purposes. Ex post facto approval does not legitimize illegal leases or dereservation. The land in question, though sometimes described as 'Dry Crops Land', was extensively forested as shown by affidavits and government records, bringing it within the ambit of 'forest' under the law. The appeal fails, and the lease was void for lack of prior approval.

Court Disposition

Appeal dismissed

Orders

  • Lease agreement dated 1st November 1989 is quashed.
  • No order as to costs.