SC mandates approval for zoos and safaris on forest lands

SC mandates approval for zoos and safaris on forest lands

In a decision aimed at bolstering forest conservation efforts across the nation, the Supreme Court of India has issued a series of directives regarding the establishment of zoos and safaris on forest lands. The ruling, delivered on Monday, underscores the imperative need to balance wildlife preservation with sustainable development initiatives.

The Supreme Court took cognizance of the intricacies surrounding forest conservation, particularly in light of the 2023 amendment to the forest conservation law. Notably, the amendment raised concerns as it excluded a substantial 1.99 lakh square kilometers of forest land from the statutory definition of 'forest', potentially opening avenues for alternative land use.

Addressing a cluster of petitions challenging the amendments to the forest conservation law, the bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra directed state governments and union territories to furnish comprehensive details of forest lands within their respective jurisdictions to the Centre by March 31 of this year.

Underlining the significance of transparency and accountability, the Supreme Court mandated the Ministry of Environment, Forest, and Climate Change to publish all pertinent details concerning forest-like areas, unclassed forest lands, and community forest lands provided by the states and union territories on its website by April 15.

Of paramount importance is the court's decree that no zoos or safaris shall be established on forest lands without prior approval. The ruling mandates that any proposal for the establishment of zoos or safaris on forest lands, excluding protected areas, must obtain explicit permission from the Supreme Court. This pivotal measure ensures stringent oversight and safeguards against indiscriminate development that could jeopardize fragile ecosystems.

In its interim order, the bench instructed states and union territories to adhere to the definition of "forest" as delineated in the seminal 1996 judgment in the case of TN Godavarman Thirumulpad vs Union of India. This directive underscores the continuity of established legal precedents in forest conservation efforts.

The ongoing process of identifying forest lands recorded in government records aligns with the amended law, which necessitates explicit notification or specific recording in government records for land to qualify as a "forest". The petitioners, however, contend that the amended law's narrow interpretation of "forest" undermines the expansive definition articulated in the apex court's previous judgment.

Additional Solicitor General Aishwarya Bhati, representing the Centre, reiterated that the amendments were enacted in accordance with the apex court's directives, underscoring the symbiotic relationship between legislative and judicial mandates in advancing conservation objectives.

The introduction of the Forest (Conservation) Amendment Bill in March 2023 reflects the government's commitment to fortify environmental safeguards while fostering sustainable development practices.

 

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