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.) With a view to make provision for better protection and management of forests in the State, Maharaja of Travancore enacted "The Travancore Forest Regulations of 1068" [for short, "the Regulations"]. Clause 3 of the Regulations provided that Diwan of the State could, with the sanction of Maharaja constitute any land at the disposal of Government a reserved forest after following the procedure prescribed in Clause 4, i.e., publication of notification in Government Gazette containing proposal for declaring the particular land as a reserved forest, holding of inquiry by the Forest Settlement Officer and issue of proclamation under Clause 6 inviting claims from the affected persons. Clause 7 of the Regulations contained a bar against acquisition of right in or over the land included in the proclamation between the date of publication of proclamation and the date fixed by final notification to be issued under Clause 18. It was also provided that no fresh clearings for cultivation or for any other purpose shall be made on the land to be declared as reserved forest except with the written permission of the Forest Settlement Officer. Clauses 8 to 17 contained procedure for dealing with the claims of the individuals, disposal thereof by the Forest Settlement Officer, hearing of appeals by Zila Court and the High Court. Clause 20 of the Regulations provided for dereservation of reserved forest. Clause 21 provided for penalties against trespass and damage to reserved forest and acts prohibited in such forests. In terms of Clause 22 of the Regulations, the Government could make rules to regulate the use of pastures and natural produce of any land at the disposal of the Government, which may not have been included in a reserved forest. By virtue of Clause 25, the Government was empowered to issue notification for regulating or prohibiting vegetation in any forest or waste land not belonging to the Government, the breaking up or clearing of land or the firing or clearing of vegetation. If the owner of the land was to decline compliance of the directions contained in the notification, the Government could resume the forest or land on lease for a specified period.