Supreme Court Stresses Upon the Importance of Forest Protection

Introduction

In a landmark judgment of a 2 – judge bench of the Hon’ble Supreme Court of India consisting of Hon’ble Justices M.M Sundresh and SVN Bhatti in the case titled “State of Telangana and Ors V. Mohd. Abdul Qasim” heavily stressed the importance of forest protection in the country while observing that ‘adverse effect of climate change will be on nation’s future’.

Climate change, as the term suggests, refers to the long – term change in the temperature and weather patterns of a particular area leading to warmer temperatures across the globe hampering numerous forms of life also known as global warming. In India, Article 21 which talks about “Right to Life” of citizens also guarantees the right to clean environment along with absence of pollution in the ecosystem.

Supreme Court’s observation on importance of Climate Change

The present case pertains to an application filed by the Plaintiff for invoking Section 87 of the Andhra Pradesh (Telangana) Land Revenue Act praying for a rectification of survey error as according to the plaintiff the suit land was under his ownership as under the act, revision of a survey was carried out from 1950 – 1959 for declaration of forest areas in the state as reserved forests.

The Plaintiff filed his suit in 1985 seeking declaration of title of the said land along with permanent injunction against the government for declaring his land as a part of forest land or reserved forests which was partly accepted by the Trial Court except for granting the injunctive relief. Under the appeal to the concerned High Court, the findings of the trial court were reversed and it was held that the plaintiff not only failed to show his title to the property but also wrongly invoked Section 5 of the Act which pertains to the fact that bar of a suit can only be applied during the pendency of the proceedings under the A.P Land Revenue Act and not otherwise.

While analysing the present provisions of law laid down under the AP Land Revenue Act, the Hon’ble Supreme Court noted that the statute has been enacted with the objective of bringing a positive role in the environmental jurisprudence of the country and along with conserving, protecting and preserving the forests and resolving the disputes arising thereof through amicable methods of settlements. Secondly, in the present day scenario wherein pollution and climate change have become a nation – wide concern and attempts are being made at both the national and international levels to manage and reduce its carbon footprint along with fulfilling its  sustainable development obligations, it has been rightly been noted by the courts that the importance of forests cannot be undermined since they give life to the earth by converting Carbon Dioxide to Oxygen and providing a hospitable environment to promote the development and existence of various life forms on the earth.

Laws pertaining to Climate Change and Forest Protection in India

The fundamental framework for Indian environmental jurisprudence in the present day is the National Environmental Policy 2006 also known as the NEP 2006 which lays down the fundamental tenets of Indian policy making towards conservation of environment in consonance with Article 21 of the Constitution of India. Secondly the Ministry of Environment, Forest and Climate Change (MoEF) is responsible for administration and execution of forest and environmental control laws in the country along with other allied agencies like Central Pollution Control Board, State Pollution Control Board and State Government Administered Agencies.

In order to adjudicate upon the disputes and speedily dispose cases pertaining to protection of environment and prevent conservation of environment b protecting encroachment or misuse of forest land, a specialised tribunal known as ‘National Green Tribunal’ or NGT has been set up for speedy disposal of cases and ensuring compliance with the environmental laws in the country. Additionally, the various agencies acting upon environment conservation and protection such as the State Pollution Control Boards and the Central Pollution Control Board have also been given the powers to prohibit industrial or other commercial activities in the areas designated as protected forests without prior consent and permit of the competent authorities and imposing penalties and liabilities for any such breach. The Judiciary too has taken a well – founded approach in numerous cases for preservation of the environment after keeping in mind the principles of environmental jurisprudence and sustainable development.

For instance, in the landmark case of Gurpreet Singh Bagga V. Ministry of Environment and Forests, it was held by the National Green Tribunal that various industries that were proved to be polluting the river Yamuna were liable for payment of Rs. 50 Crores each. The Forest Conservation Act of 1980 is also one of the biggest legislative frameworks for slowing down the rate of deforestation in the country and ensuring that adequate measures are promptly taken to conserve the forest and biodiversity resources in the country.

Conclusion

The present judgment of the Hon’ble Supreme Court of India has rightly reiterated the importance of conservation of forest along with the pressing need to take adequate measures including holding the government accountable for losses to biodiversity and forest exploitation in order to ensure sustainable development through the use of present resources. Additionally, while holding the government of Telangana accountable for the breach of its duty towards protecting the forest cover, the court has also taken a welcomed step towards setting broad parameters for governmental liability and promotion of forest conservation through an eco – centric approach.

King Stubb & Kasiva,
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