Govt will submit its views on need for amending Forest Act in SC

ByJayashree Nandi
Updated on: Aug 02, 2024 07:00 am IST

Bhupender Yadav said as per Forest Survey of India’s assessment, India has recorded a net increase of 1540 sqkm in forest cover.

New Delhi: The Union environment ministry will present its views on the need for amending the Forest Conservation Act 1980 in the Supreme Court, Union environment minister, Bhupender Yadav said in Rajya Sabha on Thursday.

Union Minister for Environment Bhupender Yadav speaks in the Rajya Sabha during the Monsoon Session of Parliament, in New Delhi on Thursday. (ANI)
Union Minister for Environment Bhupender Yadav speaks in the Rajya Sabha during the Monsoon Session of Parliament, in New Delhi on Thursday. (ANI)

Saket Gokhale, MP and national spokesperson of All India Trinamool Congress asked Yadav if the Supreme Court had passed an interim order on February 19 stating that the definition of forest will continue as per the SC’s 1996 judgement and not according to forest conservation amendment act that was brought by the Centre last year? He also asked for the rationale behind the government choosing and expanding the definition of forest in the forest conservation amendment act?

Yadav said as per Forest Survey of India’s assessment, India has recorded a net increase of 1540 sqkm in forest cover.

“SC had also published a judgement in 12 December 1996 which said forests should be defined as per the dictionary meaning of the word. In the 1980 FC Act because of the provision of dictionary meaning of forest so many developmental projects were getting affected. In the amendment we have explained what cannot be considered forest,” Yadav said.

“The FC Amendment Act was brought in last year to bring clarity on what may not be considered forests. There is no change of definition. The matter is subjudice at the moment. We will put all our views in front of the SC. It’s important to note that our total forest cover is 23.5% (77.5 million ha) and in the last ten years there has been compensatory afforestation in more than a million ha,” Yadav added.

Gokhale was referring to application of retired civil servants in SC against the new amendment. The FC Amendment Act or the Van (Sanrakshan Evam Samvardhan) Adhiniyam 2023 which was passed last year exempts unrecorded deemed forests, paving way for their diversion for infrastructure and other projects.

Shompen will not be disturbed

There will be surveillance towers and geo-fencing to oversee tribal settlements of the Shompen around the Great Nicobar Infrastructure Project, the environment ministry informed Rajya Sabha on Thursday.

“The project activities envisage no disturbance to Shompen tribe and their habitations and for the protection and safety of the tribal settlements, there is provision for geo-fencing cum surveillance towers. Further, Department of Tribal Welfare is the agency that oversees the protection and safety of the community as per the Andaman and Nicobar Islands (Protection of aboriginal Tribes) Regulation, 1956. In addition, the project proponent is mandated to constitute a monitoring committee for ensuring the welfare and other issues related to Shompen and Nicobarese,” Kirti Vardhan Singh, minister of state, environment said responding to Gokhale’s questions.

In response to another question on denotifiication of wildlife sanctuaries or forest land , Singh said: “The proposal to de-notify the Galathea Sanctuary in the Andaman and Nicobar (A &N) Islands was recommended by the Standing Committee of the National Board for Wild Life (SCNBWL) in its 60th meeting held on 5.01.2021. The Central Government vide letter dated 27.10.2022 has accorded the Inprinciple/Stage-1 approval for diversion of 130.75 Sq km forest land for sustainable development in Great Nicobar Island.”

The Andaman and Nicobar Islands Administration was directed by the SCNBWL that a comprehensive management plan may be prepared in consultation with Wildlife Institute of India (WII) and other relevant stakeholders, and followed for conservation and protection of Leatherback Turtles in Great Nicobar Islands, Singh added.

The large nesting areas (Western flank) have been retained as such for nesting of turtles. Research unit set up by WII to undertake and monitor sea turtle related research in A&N islands is an important component of the special conditions of Environment Clearance.

“The Central Government has also subsequently notified an area to an extent of zero to one kilometer around the boundary of the Galathea National Park as Ecosensitive Zone on 12th March, 2021 with the objective to ensure forest protection and biodiversity conservation in the area,” Singh added.

HT reported on July 30 that members of the Tribal Council of Little and Great Nicobar , requesting anonymity, said they are yet to receive a response from the government on the withdrawal of the NOC as well as the request for relocation.

HT reported on April 14, 2023 that the Tribal Council of Little and Great Nicobar had in November 2022, withdrawn the no objection certificate (NOC) given for diversion of land in August that year— roughly half of which is tribal reserve land — for the controversial Great Nicobar Township and other infrastructure projects.

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