In order to check the increasing diversion of forest land for non-forest purposes, the Government of India enacted the Forest Conservation Act (FCA) 1980 which mandated the central government’s prior approval for any such diversions. This Act applied to land notified as forest under the Indian Forest Act 1927 or any other law, and the forest under the control of the forest department. The Supreme Court order in Godavarman Case (1996) expanded the definition of a forest for applicability of FCA to all forests irrespective of recognition, classification, and ownership, and also those conforming to the dictionary meaning of forests. This created operational problems. The 2023 amendments to FCA 1980 exempt certain forest lands from its purview and exclude certain activities from the definition of non-forest purposes. The amended law shrinks the forest cover besides subverting rights granted to forest dwellers under Central laws.
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K. B. Saxena (2024) studied this question.
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