‘Not sustainable in the eyes of law’: SC says forest land can’t be leased or used even for agriculture without Centre’s prior approval

“Having considered the submissions advanced at bar and after going through the material available on record, we are of the firm opinion that the very grant of lease to the respondent-Cooperative Society for agricultural purposes was uncalled for because it led to devastation and deforestation of a huge forest area measuring nearly 134 acres,” said the bench.

“The respondent-Cooperative Society, having enjoyed cultivatory possession over the forest area for a period of more than 10 years, was not entitled for any further extension of the lease which was in the first place illegally granted. As per the extant statutes, forest lands could not be allowed to be used for non-forestry purposes, which would include agriculture.”

The bench said that the SC “in a catena of decisions has passed numerous mandatory directions prohibiting de-reservation of forest”. “Granting permission to cultivate the forest land would essentially require clearing of forest and such a course of action is in the teeth of Section 2 of the Forest (Conservation) Act, 1980, which precludes de-reservation or use of forest land for non-forestry purposes without prior approval of the Central Government…Thus, no permission could have been granted to perpetuate the illegality committed while granting the lease of the forest land to the respondent-Cooperative Society.”

The court also noted that the Karnataka Forest Department took possession of the forest land on January 23, 2007. “Thus, we are of the firm opinion that the impugned order whereby the respondent-Cooperative Society was given an opportunity to make a representation to be considered by the Central Government for continuation of the lease on the forest land is not sustainable in the eyes of law.”

The SC also directed the Karnataka Forest Department “to restore the forest on the 134 acres of released land by planting indigenous plants, trees in due consultation with the experts.”