Jeet Bijlani, Symbiosis Law School, Nagpur
ABSTRACT
This research paper seeks to critically analyse the Forest (Conservation) Act of 1980. Firstly, it will be discussed how the forest conservation laws have been evolved till the period of above-mentioned act. The Forest Conservation Act, 1980 has been analysed in brief as to how it has been made applicable to the relevant area of law. There is a landmark judgement of T.N. Godavarman which had defined the word ‘forest’ with reference to the act and there has been slew of directions passed in this judgement regarding regulation and control over the forest. There are judgments which have analysed in detail as to how the act can be made applicable before the date of implementation of the act, i.e. 25Th October 1980. The main provision of the act pertains to grant of ‘prior approval’ of the Central Government for any non-forest use of land, however there are certain exceptions carved out by the judiciary which mentions about the ex-post facto approval to be granted by the central government in certain cases and situations. The research paper has also discussed formation of CEC (Central Empowered Committee) for the purpose of proper implementation of the act and to advise the courts in case of potential violations occurring from the act. The paper also discusses how the concept of NPV (Net Present Value) has been evolved for the purpose of calculating afforestation compensation. In the end, the author has tried to incorporate certain recommendations in the critical analysis of this act.
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