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Ashok Kumar Sharma v. Union of India (Supreme Court interim order, Feb 2024)

Pending the challenge to the 2023 forest-law amendment, the Godavarman (1996) understanding of 'forest' must continue to be observed.

Court judgment / order19 Feb 2024

An interim order, not a final decision on the validity of the 2023 amendment.

Case note

Material facts
Petitions challenge the constitutional validity of the Forest (Conservation) Amendment Act, 2023, arguing that Section 1A narrows the land covered compared with the 1996 dictionary-meaning test.
Issue
What position should apply while the challenge and the States' identification exercise under Rule 16 are pending.
What was decided
The Court clarified that, pending completion of the identification exercise and these proceedings, the principles in T.N. Godavarman (1996) must continue to be observed; States and Union Territories must ensure compliance with the meaning of 'forest' explained there.
Order / relief actually given
The Union Ministry was directed to issue a circular to States and Union Territories to act in accordance with the directions.
Later proceedings
Final decision on validity not checked; proceedings pending at last check.