NATURE LOVERS MOVEMENT versus STATE OF KERALA AND OTHERS

NATURE LOVERS MOVEMENT versus STATE OF KERALA AND OTHERS

Section 2 of the Forest (Conservation) Act, 1980 is prospective; after its commencement, the State Government cannot grant pattas/leases to unauthorized occupants or permit non-forest use of forest lands without prior Central Government approval. The State of Kerala’s actions in regularizing encroachments before 1.1.1977, with Central approval, are not legally infirm. Any new assignments after the Act require prior approval from the Central Government.

Parties
Appellant: Nature Lovers Movement; Respondents: State of Kerala and Others
Jurisdiction
India
Judgment Date
20 March 2009
Procedural Posture
Civil Appeal / Disposition of Appeal From Full Bench Judgment of Kerala High Court
Outcome
Appeal disposed of. Policy of regularization of 28,588.159 hectares of forest land to unauthorized occupants, post-approval by the Central Government, upheld. High Court conclusion No.D set aside. Further assignments only after prior Central Government approval.
Legal Topics
Forest Conservation, Prospective Operation of Statute, Regularization of Encroachments, State and Central Government Powers, Land Assignment in Forest Areas
Environmental Law Administrative Law Forest Conservation Prospective Operation of Statute Regularization of Encroachments State and Central Government Powers Land Assignment in Forest Areas

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Parties

Nature Lovers Movement

Appellant

State of Kerala and Others

Respondents

Procedural Posture

Civil Appeal / Disposition of Appeal From Full Bench Judgment of Kerala High Court

Legal Issues

  1. 1 Whether Section 2 of the Forest (Conservation) Act, 1980 is prospective in operation
  2. 2 Whether the Government of Kerala could, without obtaining prior approval of the Central Government, grant pattas/lease hold rights to unauthorized occupants/encroachers of forest land

Ratio Decidendi

Section 2 of the Forest (Conservation) Act, 1980 is prospective; after its commencement, the State Government cannot grant pattas/leases to unauthorized occupants or permit non-forest use of forest lands without prior Central Government approval. The State of Kerala’s actions in regularizing encroachments before 1.1.1977, with Central approval, are not legally infirm. Any new assignments after the Act require prior approval from the Central Government.

Court Disposition

Appeal disposed of. Policy of regularization of 28,588.159 hectares of forest land to unauthorized occupants, post-approval by the Central Government, upheld. High Court conclusion No.D set aside. Further assignments only after prior Central Government approval.

Orders

  • The policy decision by Government of Kerala to assign 28,588.159 hectares of forest land to unauthorized occupants/encroachers after securing Central Government approval does not suffer from legal infirmity and remains undisturbed.
  • After the 1980 Act, no State authority may assign or permit non-forest use of forest land without prior Central Government approval.