Law

SC ruling restricts new zoos and safaris on forest land without their approval

As per the amended law, land must either be notified as a forest or specifically recorded as such in government records to qualify

The Supreme Court has issued an order, stating that any fresh proposal for establishing new zoos and safari on forest land must obtain approval from the court. This decision comes as part of a series of measures aimed at forest conservation across the country, addressing concerns raised by amendments to the forest conservation law of 2023.

The bench, consisting of Chief Justice D Y Chandrachud and justices JB Pardiwala and Manoj Misra, responded to a batch of petitions challenging the amendments, directing state governments and union territories to provide details of forest land within their jurisdiction to the Centre by March 31 this year. This information will include various categories of forest areas, including “forest like area, unclassed forest land and community forest land”.

According to the directives, the Ministry of Environment, Forest and Climate Change is tasked with compiling and publishing this information on its website by April 15. The court said that no zoos or safaris can be established on forest lands without prior approval.

New Zoos and Safari
Image: Millennium post

“No Zoos/Safaris to be notified in forests lands without prior approval…any proposal for the establishment of zoo/safaris referred to in the Wildlife Protection Act 1972 owned by Govt or any authority in forest areas other than protected areas shall not be finally approved save and except with the prior permission of this court,” the bench declared.

“In its interim order, the bench instructed states and UTs to adhere to the definition of forest outlined in the apex court’s 1996 judgement in the case of TN Godavarman Thirumulpad vs Union of India. This definition will guide the identification of forest land recorded in government records,” reported PTI.

The top court took note of the submission that the definition of forest under the 2023 amended law on conservation leaves out nearly 1.99 lakh sq km of forest land from the ambit of ‘forest’ which can be used for other purposes.

The Forest (Conservation) Amendment Bill was introduced by the Centre on March 27, 2023, and has been a main point of contention among petitioners, who argue that the amendments narrow the definition of forest under Section 1A. As per the amended law, land must either be notified as a forest or specifically recorded as such in government records to qualify.

“Additional Solicitor General Aishwarya Bhati, representing the Centre, defended the amendments, stating they align with the apex court’s directives. The legality of the Forest (Conservation) Amendment Bill is being challenged in court, with petitioners seeking its annulment,” PTI reported.

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