Document Fragment View

Matching Fragments

7.5. Section 2 of the Central Act pertains to restrictions on the de-reservation of forests or use of forest land for non-forest purpose and reads thus:-

"2. Restriction on the de-reservation of forests or use of forest land for non-forest purpose. - Notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make, except with the prior approval of the Central Government, any order directing,--
(iv) that any forest-land or any portion thereof may be cleared of trees which have grown naturally in that land or portion, for the purpose of using it for reafforestation."

[Explanation.- For the purposes of this section 'non- forest purpose" means the breaking up or clearing of any forest-land or portion thereof for -

(a) the cultivation of tea, coffee, spices, rubber, palms, oil bearing plants, horticultural crops or medicinal plants;

8.3. Section 2 of the Central Act refers to restrictions on the de- reservation of forests or use of forest land for non-forest purpose. Perusal of this Section shows that the said provision applies to forests or use of forest land for non-forest purpose and clearly implies that the land in question to which the said provision applies should be reserved forests or forest land or any portion of forest land. The said Section states that no State Government shall make except with the prior approval of the Central Government any order directing any reserved forest or any forest land or any portion thereof to be dealt with or de-

21 of 33 wp.95.20.doc reserved. It is implicit by the bare reading of the Section that the said provision applies in the case of reserved forest / forest land or any portion thereof. In the present case Respondent No.2 - Collector by his draft speaking order dated 13.11.2011 has conclusively determined that the said lands are not forest lands. This determination is pursuant to the statutory inquiry as contemplated under the provisions of Section 6 of the State Act. This determination has been done on 13.01.2011. The State Government has not filed any Appeal challenging the decision of the Collector within the prescribed period of sixty days before the Tribunal and as such the decision of the Collector in respect of the said lands has become final. The said lands therefore cannot be deemed to be forest land / reserved forest or any portion thereof as forest for the purpose of obtaining prior approval of the Central Government for its de- reservation and use for non-forest purpose under the Central Act.