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T.N. Godavarman Thirumulpad vs Union Of India & Ors on 6 July, 2011

“41. Once the land was found to have been used for the purposes of forest, the provisions of the Indian Forest Act and the Forest Conservation Act would be attracted, putting restrictions on dereservation of the forest or use of the land for non-forest purposes. The Forest Conservation Act, 1980 has been enacted with the object of preventing deforestation. The provisions of the aforesaid Act are applicable to all forests. It is true that “forest” has not been defined under the Act but this Court in T.N. Godavarman Thirumulkpad v. Union of India1 has held that the word “forest” must be understood according to its dictionary meaning. It would cover all statutorily recognised forest whether designated as reserved, protected or otherwise for the purposes of Section 2(i) of the Forest Conservation Act. The term “forest land” occurring in Section 2 will include not only the forest as understood in the dictionary sense but also any area regarded as forest in the government record irrespective of the ownership. The provisions of the Forest Conservation Act are applicable to all forests so understood irrespective of the ownership or classification thereof. This Court has issued certain directions and guidelines for the preservation of forest and its produce in T.N. Godavarman case1 which are not shown to have been implemented by the respondent State.
Supreme Court of India Cites 20 - Cited by 808 - S H Kapadia - Full Document
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