Forest clearance for unto 13 development works in Himachal at DFO level : SC decision

Sukhvinder Singh Sukhu government has got major breakthrough from Supreme court of India after getting nods of FCA and FRA clearance of 13 development works at the Divisional Forest Office level with mutual consent of concerned Gram Sabha. The Division bench of SC comprising of Justice B R Gavai and Vikram Nath allowed the an interlocutory application of state to seek modification forest clearance norms. On February 8, 2023 by SC bench gave the decision in favor of stats while  hearings Interlocutory applications of states  in the T.N. GODAVARMAN THIRUMULPAD versus UNION OF INDIA AND ORS. & ORS. case.

It is worthwhile to mention here that an application has been filed by the State of Himachal Pradesh seeking recall or modification of the order dated 11.03.2019 and for allowing the State Government to divert the forest land under the FCA 1980 and Scheduled Tribes and other Traditional Forest Dwellers ( Recognition of Forest Rights ) Act 20 , 2006 .  “We have noticed that on account of the orders passed on March 11, 2019, Court is flooded with applications after applications, seeking permission to construct primary schools, public health centers, anganwadi centers and other public utility buildings in remote areas” It further stated that State is constrained to approach this Court even for seeking permission to connect villages in remote areas by roads.  Needless to state, the citizens residing in the remote hill areas couldn’t be deprived of the developmental activities that are being undertaken in other parts of the country, Division bench states in 34 page long verdict.  The bench said that  State of Himachal Pradesh has filed a number of I.As.  seeking permission for various projects in pursuance of the order passed by this Court dated March, 11, 2019.  A perusal of the orders (dated 03.05.2019, 15.02.2021, 09.12.2021, 14.12.2021, 24.03.2022, 02.05.2022, 14.10.2022 and 30.11.2022 ) would demonstrate that the State has time and again approached this Court relating to clearance of projects related to roads, schools, dispensaries, anganvadis, hospitals, panchayat offices, etc.  We find that the requirement of seeking permission of this Court for even undertaking minimal developmental activities necessary for the citizens residing in rural or hilly areas has caused long delays in the execution of such projects.   In any case, the statutory provisions under the Union Statutes like the FCA 1980, FC Rules, 2022, Compensatory Afforestation Fund Act, 2016 and CAFA Rules, 2018 take care of protecting environmental concerns.  In addition, the Principal Chief Conservator of Forests (HoFF), vide order (dated 21.04.2022) has issued various guidelines so as to ensure compensatory afforestation, whenever the permission for felling of trees is required. In that view of the matter, we are inclined to allow the application.  The application is allowed in terms of prayer clause ‘ ( a ) ‘ .  7. However, we clarify that this order would not be applicable in respect of the forest areas falling within the National Parks and Wildlife Sanctuaries. Former IFS officer and Himachal Pradesh Kisan Sabha president Dr Kuldeep Singh Tanwar welcomed the move of apex court stating that it would accelerate development works which remained pending for years before the ministry of environment and forest . Now state government no longer require requestor permission from the Supreme Court to be obtained for transfer of forest land for development projects under FCA, 1980 and FRA, 2006 as under section 3(2) of the FRA forest land could be transferred for 13 development works at the DFO level with the consent of the Gram Sabha, Dr Kuldeep Singh Tanwar said hailing the apex court verdict.