Case Note & Summary
The Supreme Court of India, in a special leave petition arising from a judgment of the Orissa High Court, considered the legality of a direction to issue Timber Transit permits for trees standing on land situated within a reserved forest. The dispute centered on lands assigned by the State Government to displaced persons for cultivation between 1982 and 1985. The assignment was subject to an express condition that the trees standing on the allotted land would remain the property of the State Government. The respondents, who were the assignees, filed a writ petition before the Orissa High Court, O.J.C. No. 1389/96, seeking a writ of mandamus directing the issuance of Timber Transit permits. The High Court allowed the petition and issued the direction on March 29, 1996. The State of Orissa challenged this order before the Supreme Court by special leave. The Supreme Court granted leave after condoning delay and heard the parties. The central legal issue was whether the High Court could direct issuance of Timber Transit permits contrary to the provisions of Section 2 of the Forest (Conservation) Act, 1980. The Court reproduced the relevant part of Section 2, which imposes a non obstante clause and prohibits any State Government or authority from making an order, except with the prior approval of the Central Government, directing that any reserved forest shall cease to be reserved, that any forest land may be used for any non-forest purpose, that any forest land may be assigned by way of lease or otherwise to any private person or non-government organisation, or that any forest land may be cleared of naturally grown trees for reafforestation. The Court observed that the High Court had overlooked these crucial statutory provisions. The State argued that the High Court's direction was contrary to the statutory mandate requiring prior permission of the Central Government before any deforestation or use of forest land for non-forest purposes. The respondents, as displaced persons, had been granted land for cultivation, but they had no right to cut or remove trees. The Court found that it was not disputed that the lands were situated within reserved forest area, that trees were standing on the lands assigned to the respondents, and that under the terms of the grant the trees belonged to the Government. Since the grant was made only for cultivation, the respondents had no manner of right whatsoever to deforest the land or to cut and carry the trees belonging to the Government, especially without permission of any authority. The Supreme Court allowed the appeal, set aside the order of the High Court, and imposed no costs. The decision reinforces that forest conservation laws override inconsistent orders and that assignment of forest land for cultivation does not transfer ownership of standing trees or confer a right to exploit forest produce without prior approval of the Central Government.
Headnote
A) Forest Conservation - Use of Forest Land for Non-Forest Purpose - Prior Approval of Central Government Mandatory - Forest (Conservation) Act, 1980, Section 2 - The Orissa High Court directed issuance of Timber Transit permits to displaced persons who had been assigned reserved forest land for cultivation; the Supreme Court held that the High Court overlooked Section 2 which prohibits State Government from making any order allowing use of forest land for non-forest purpose without prior approval of Central Government, including assignment and clearing of naturally grown trees. The court set aside the High Court order and held that the respondents had no right to deforest or cut and carry trees belonging to the Government. (Paras 1-2)
Issue of Consideration
Whether the High Court's direction to issue Timber Transit permits to occupants of reserved forest land assigned for cultivation is correct in law when Section 2 of the Forest (Conservation) Act, 1980 requires prior approval of the Central Government for using forest land for non-forest purposes and the trees remain government property.
Final Decision
Appeal allowed; order of Orissa High Court dated March 29, 1996 in O.J.C. No. 1389/96 set aside; no costs. Held that respondents have no right to deforest the land or cut and carry trees belonging to the Government without permission of any authority.
Law Points
- Prior approval of Central Government mandatory for dereservation or non-forest use of forest land
- assigned forest land for cultivation does not transfer ownership of standing trees
- no right to deforest without permission
- writ of mandamus cannot override statutory restrictions under Section 2 of Forest (Conservation) Act
- 1980
