Case: T.N. Godavarman Thirumulpad and Ors Vs. Union of India (UOI) and Ors

the entire area of village Nani Ber of Abdasa Taluka admeasuring Hectares 364.22 Are (Acre 900-00 gutha) in relation to Firing survey No. 79, 80, 82, 83, 84, 85, 86, 94 (part) 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 113, 114, 115, 116, 117, 118 & 119 will not be kept as reserved forest and hence, the question relating to the facts of common people does not arise at all, and hence the Schedule A will be treated as NIL. (underline is ours) 19. On a consideration of the order of the Forest Settlement Officer extracted above, the Forest and Environment Department of the State of Gujarat has on 23.08.2016 ordered as under: In view of above, consequent to due process of settlement and proceedings therein, as provided in IFA 1927 and forest settlement report, due to reasons recorded therein, entire area of 364.22 hectares, declared Under Section 4, not being recommended to be declared as forest Under Section 20, has been deleted, from Section 4 thereby leaving no area to be declared Under Section 20. Hence no procedure for declaring the area Under Section 20 was required. In view of the above situation, state hereby declares that consequent to completion of legal process of forest settlement and right examination, appellate procedure, and the process provided in IFA 1927, from Section (4) to (20) and acceptance of Forest Settlement report, entire area of 364.22 hectares of survey numbers 79, 80, 82, 83, 84, 85, 86, 94 part, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 113, 114, 115, 116, 117, 118, 119 of Nanibar village of Kutch district - initially declared Under Section 4 not being recommended to be fit for declaring Under Section 20. owing to the reasons, recorded in the forest settlement report - has been deleted, from Section 4 and there being no area left for declaring Under Section 20, the notification for Section 20 is not required and entire procedure for declaring the forest may be deemed to have been completed and area of 364.22 hectares of survey numbers 79, 80, 82, 83, 84, 85, 86, 94 part, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 113, 114, 115, 116, 117, 118, 119 of Nanibar village of Kutch district, declared Under Section 4, is reverted back to its original status of revenue land. 20. In view of the above, the release of area measuring 364.22 hectares, which is the subject matter of consideration, is clear. 21. It is not necessary for us to dwell into the instant aspect of the matter any further. All that needs to be recorded is, that Under Section 3 of the Indian Forest Act, 1927, the kinds of land which can be declared as reserved forest has been expressly delineated therein. Section 3 afore-mentioned is reproduced below: 3. Power to reserve forests - The State - Government may constitute any forest-land or waste-land which is the property of Government, or over which the Government has proprietary rights, or to the whole or any part of the forest produce of which the Government is entitled, a reserved forest in the manner hereinafter provided. (underline is ours) 22. It is out of the above lands, that the State Government can notify a reserved forest area, Under Section 4 of the Indian Forest Act, 1927. The same is also reproduced below: 4. Notification by State Government-- (1) Whenever it has been decided to constitute any land a reserved forest, the State Government shall issue a notification in the Official Gazette- (a) declaring that it has been decided to constitute such land a reserved forest; (b) specifying, as nearly as possible, the situation and limits of such land; and (c) appointing an officer (hereinafter called the Forest Settlement Officer) to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over any land comprised within such limits or in or over any forest produce, and to deal with the same as provided in this Chapter. Explanation - For the purpose of Clause (b), it shall be sufficient to describe the limits of the forest by roads, rivers, ridges or other well-known or readily intelligible boundaries. (2) The officer appointed under Clause (c) of Sub-section (1) shall ordinarily be a person not holding any forest-office except that of Forest Settlement Officer. (3) Nothing in this Section shall prevent the State Government from appointing any number of officers not exceeding three, not more than one of whom shall be a person holding any forest-office except as aforesaid, to perform the duties of a Forest Settlement Officer under this Act. It is apparent from a collective reading of Sections 3 and 4 of the Indian Forest Act, extracted hereinabove, that in case of a deletion of an area, which was proposed to be declared as a reserved forest, the area so deleted will revert to the original nomenclature of the said area, i.e., the nomenclature which the land had, prior to the issuance of the notification Under Section 4 of the India Forest Act. 23. Out of the kinds of land expressed in Section 3, it is apparent, that if the land notified Under Section 4 was not forest land but waste land, or some other kind of land over which Government has proprietary rights, on the deletion of the area notified Under Section 4, such land would stand restored to its original nomenclature as forest land and/or alternatively such type of land, such as waste land, over which the Government has proprietary rights. In the afore-mentioned latter category of land, no clearance contemplated Under Section 2 of the Forest (Conservation) Act, 1980, can be insisted on. It is only with reference to reserved forest land, or land which is notified for being declared as reserved forest, or forest land, that a clearance is contemplated Under Section 2 of the Forest (Conservation) Act, 1980.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]6. We would not have, as a matter of routine, accepted the prayer made by the Learned Counsel for the applicant, as has been noticed in the foregoing paragraphs. However, on examining the complication of the legal issue involved, we were satisfied, that a determinative order needed to be passed for an effective disposal of the application filed by ABG Cement Limited, Under Section 3 of the Forest (Conservation) Act, 1980. It is therefore, that we would venture to adjudicate upon the limited issue, which has been projected before us, during the course of hearing.7. It is not a matter of dispute, that ABG Cement Limited moved an application under the Forest (Conservation) Act, 1980 for conducting limestone mining operations, over land given to it on lease by the State of Gujarat. In this behalf, it would be relevant to mention, that by notification dated 21.8.1984, (issued Under Section 4 of the Indian Forest Act, 1927), the Government of Gujarat expressed its intention to declare certain areas of land as reserved forest, in district Kutch, in the State of Gujarat. The land depicted in the Section 4 notification, inter alia, included land over which ABG Cement Limited, had been granted a mining lease. By an award dated 9.11.1995, the Forest Settlement Officer, inter alia, deleted an area of 364.22 hectares, out of the area notified Under Section 4, referred to above.15. We are of the view, that the aforesaid order was with reference to the transitory period, namely, from the date of the issuance of the notification Under Section 4 of the Forest Act, till the culmination of the process of declaration Under Section 20 of the Forest Act. We are of the view, that the afore-stated direction was inevitable, in view of the fact, that in case an individual was desirous of using forest land for non-forest purposes, permission Under Section 2 of the Forest (Conservation) Act, 1980 was imperative, and it is therefore, that even during the transitory period, it would be open to the Ministry of Environment and Forests, to approve a request for use of forest area for non-forest purposes, Under Section 2 afore-mentioned.19. On a consideration of the order of the Forest Settlement Officer extracted above, the Forest and Environment Department of the State of Gujarat has on 23.08.2016 ordered as under:In view of above, consequent to due process of settlement and proceedings therein, as provided in IFA 1927 and forest settlement report, due to reasons recorded therein, entire area of 364.22 hectares, declared Under Section 4, not being recommended to be declared as forest Under Section 20, has been deleted, from Section 4 thereby leaving no area to be declared Under Section 20. Hence no procedure for declaring the area Under Section 20 was required.In view of the above situation, state hereby declares that consequent to completion of legal process of forest settlement and right examination, appellate procedure, and the process provided in IFA 1927, from Section (4) to (20) and acceptance of Forest Settlement report, entire area of 364.22 hectares of survey numbers 79, 80, 82, 83, 84, 85, 86, 94 part, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 113, 114, 115, 116, 117, 118, 119 of Nanibar village of Kutch district - initially declared Under Section 4 not being recommended to be fit for declaring Under Section 20. owing to the reasons, recorded in the forest settlement report - has been deleted, from Section 4 and there being no area left for declaring Under Section 20, the notification for Section 20 is not required and entire procedure for declaring the forest may be deemed to have been completed and area of 364.22 hectares of survey numbers 79, 80, 82, 83, 84, 85, 86, 94 part, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 113, 114, 115, 116, 117, 118, 119 of Nanibar village of Kutch district, declared Under Section 4, is reverted back to its original status of revenue land.20. In view of the above, the release of area measuring 364.22 hectares, which is the subject matter of consideration, is clear.21. It is not necessary for us to dwell into the instant aspect of the matter any further. All that needs to be recorded is, that Under Section 3 of the Indian Forest Act, 1927, the kinds of land which can be declared as reserved forest has been expressly delineated therein.22. It is out of the above lands, that the State Government can notify a reserved forest area, Under Section 4 of the Indian Forest Act, 1927.It is apparent from a collective reading of Sections 3 and 4 of the Indian Forest Act, extracted hereinabove, that in case of a deletion of an area, which was proposed to be declared as a reserved forest, the area so deleted will revert to the original nomenclature of the said area, i.e., the nomenclature which the land had, prior to the issuance of the notification Under Section 4 of the India Forest Act.23. Out of the kinds of land expressed in Section 3, it is apparent, that if the land notified Under Section 4 was not forest land but waste land, or some other kind of land over which Government has proprietary rights, on the deletion of the area notified Under Section 4, such land would stand restored to its original nomenclature as forest land and/or alternatively such type of land, such as waste land, over which the Government has proprietary rights. In the afore-mentioned latter category of land, no clearance contemplated Under Section 2 of the Forest (Conservation) Act, 1980, can be insisted on. It is only with reference to reserved forest land, or land which is notified for being declared as reserved forest, or forest land, that a clearance is contemplated Under Section 2 of the Forest (Conservation) Act, 1980.