Violation of Section 2 of the Forest (Conservation) Act, 1980, following the order passed by Collectors under Section 6 & 22A of Maharashtra Private Forests (Acquisition) Act, 1975, and approval from Government of India prior to issue of such order, by Collectars.. Circular Date 16.12.2004
CIRCULAR
Attention of all Collectors is invited to the Government of Maharashtra's Letter No.FLD/1000/CR 243/F-3,dated 29-8-2000 and letter No.S- 30/2001/CR-180/F-3,dated-1-11-2001 circulated earlier on the subject above. It has been found that in spite of all these communications, the Collectors / Deputy Collectors have been issuing certificates under Section 6 and 22A under the provisions of Maharashtra Private Forests (Acquisition) Act, 1975.
2. It is emphasised for the information of all concerned that the Forest (Conservation) Act, 1980, section 2 provides that-
Notwithstanding anything contained in any other law for the time being in force in a Statel no State Government of other authority shall make, except with the
prior approval of the Central Government, any order directing-
[1] that any reserved forest (within the meaning of the expression "reserved forests in any law for the time being in force in that State) or any portion thereof, shall cease to be reserved;
ii) that any forest land or any portion thereof may be used for any non-forest purpose;
iii). that any forest land or any portion thereof may be assigned by way of lease or otherwise to any private person or to any authority, corporation, agency or any other organisation not owned, managed or controlled by Government
(iv) that any forest land or any portion thereof may be cleared of trees which have grown naturally in that or portion, for the purpose of using it for reafforestation.
This being the Act of Parliament, its provisions would override the provisions of Maharashtra Private Forests (Acquisition) Act, 1975. In view of this, it is clarified that no certificate should be issued under section 6 or 22 A of Maharashtra Private Forests (Acquisition) Act, 1975, unless approval from the Government of India is obtained under section 2 of Forest (Conservation) Act, 1980. This provision should be followed scrupulously. Violation, if any, in future should be dealt with strictly by initiating the departmental action against the concerned officer.
3. The Hon'ble Supreme Court in its judgement on 12-12-1996 in the Writ petition No.202/95 & 171/96 T.N.Godavarman versus Union of India and others has removed all the ambiguity regarding the section 2 of Forest (Conservation) Act, 1980. The Hon'ble Supreme Court made it clear that-
The Forest (Conservation) Act, 1980 was enacted with a view to check further deforestation which ultimately results in ecological imbalance; and therefore, the provisions made the therein for the conservation of Forests and for matters connected therewith, must apply to all forests irrespective of the nature of ownership or classification thereof. The word "forest" must be understood according to its dictionary meaning. This description covers all statutorily recognised forests, whether designated as reserved, protected or otherwise for the purpose of section 2 (i) of the Forest (Conservation) Act.
4. Hon'ble High Court of Bombay in its order on 10-10-2001 in Writ Petition. No.2980/2001 has ordered that the Collector of the districts are directed not to issue any certificate under section 6 of Maharashtra Private Forests (Acquisition) Act, 1975, without obtaining prior approval from Government of India under section 2 of Forest (Conservation) Act, 1980. They shall also initiate proceedings for the recall/ Cancellation of all such certificate that they may have been issued in breach of section 2 of the Forest (Conservation) Act, 1980, after the same came into force. In view of this all the orders that have been passed under section 6 of Maharashtra Private Forests (Acquisition) Act, 1975, will need revision and may be issued only after getting the approval from Government of India under Section 2 of Forest (Conservation) Act, 1980. This action should be taken in a time-bound manner.
5. Procedure for issuing this certificate under section 6 and 22A of the Maharashtra Private Forests (Acquisition) Act, 1975, is prescribed as below:
(a) The Collector shall prepare the proposal and submit to the Government of India for seeking approval under Section 2 of Forest (Conservation) Act, 1980, as per the procedure laid down under Rule 4 of Forest (Conservation) Rules, 1981.
(b)After receiving the approval from Government of India the Collector shall issue order under section 6 or 22A of Maharashtra Private Forests (Acquisition) Act, 1975.
By order and in the name of Government of Maharashtra.
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