One of the most consequential orders in Indian land law. It is an order in continuing proceedings, so it is labelled here as part of pending proceedings rather than a final judgment.
Case note
- Material facts
- Continuing public-interest proceedings on forest conservation across India.
- Issue
- How the expression 'forest' and 'forest land' in Section 2 of the Forest (Conservation) Act, 1980 is to be understood.
- What was decided
- The Act applies to all forests irrespective of ownership or classification. 'Forest' is to be understood according to its dictionary meaning, covering all statutorily recognised forests; 'forest land' also includes any area recorded as forest in government records irrespective of ownership.
- Order / relief actually given
- Directions included that non-forest activity in any forest needs prior Central Government approval, and that States constitute expert committees to identify forests.
- Later proceedings
- Reaffirmed as the governing position pending challenge to the 2023 amendment (Ashok Kumar Sharma v. Union of India, interim order of 19 Feb 2024).