NATURE LOVERS MOVEMENT Vs. STATE OF KERALA

JUDGEMENT

(1.) WHETHER Section 2 of the Forest (Conservation) Act, 1980 (for short "the 1980 Act") is prospective in operation and whether the Government of kerala could, without obtaining prior approval of the Central Government grant pattas/lease hold rights to the unauthorised occupants/encroachers of forest land are the questions which arise for determination in this appeal filed against the Order of the Full Bench of the Kerala High Court.

(2.) THE Indian society has, for many centuries, been aware and conscious of the necessity of protecting environment and ecology. Sages and Saints of India lived in forests. Their preachings contained in Vedas, Upanishadas, smritis etc. are ample evidence of the society's respect for plants, trees, earth, sky, air, water and every form of life. The main moto of social life is to live in harmony with nature. It was regarded as a sacred duty of every one to protect them. In those days, people worshipped trees, rivers and sea which were treated as belonging to all living creatures. The children were educated by elders of the society about the necessity of keeping the environment clean and protecting earth, rivers, sea, forests, trees, flora fauna and every species of life.

(3.) AFTER almost six years of the enforcement of the 1980 Act, Agricultural production Commissioner and Secretary (Agriculture and Forests), Government of Kerala, vide his Letter No. 51289/fg1/83/ad dated, 26th June, 1986 apprised his counterpart in the Government of India i. e. the Secretary, Ministry of forest and Environment, Department of Forest and Wildlife with the human face of the problem of encroachment/unauthorised occupation of forest land and requested that the Central Government may permit regularisation of such occupation/encroachment by issue of title deeds under the Kerala Land assignment Rules. For the sake of reference that letter is reproduced below: <FRM>JUDGEMENT_1805_UJ4_2009Html1.htm</FRM>