Shimla, March 9,
In a move likely to impact development projects across Himachal Pradesh, the Supreme Court on March 4, 2025, issued a stern directive to all State Governments and Union Territories, mandating strict adherence to its forest conservation orders. The Court warned Chief Secretaries and Administrators of personal accountability in case of non-compliance, underscoring the seriousness of the issue.
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The bench, comprising Justices B.R. Gavai and Augustine George Masth, reiterated that no forest land—whether classified, unrecorded, or private—can be diverted for development purposes without ensuring compensatory afforestation until further notice. The next hearing has been scheduled for September 9, 2025, by which time States and UTs must complete the mapping of all forested lands in line with the landmark 1996 T.N. Godavarman Thirumulpad judgment. This ruling broadly defines forests to include any area that meets the “dictionary meaning” of a forest, regardless of official classification.
The Court’s intervention follows petitions challenging the Forest (Conservation) Amendment Act, 2023. Petitioners, including retired Indian Forest Service officer Ashok Kumar Sharma, argued that the amendment could narrow the legal definition of forests, potentially excluding ecologically crucial unclassified and private forest lands, as well as denuded areas. They expressed concerns that such lands could be misused for infrastructure development without the necessary compensatory afforestation, causing irreversible ecological damage.
During the hearing, the Court highlighted that many States and UTs had yet to establish the Expert Committees mandated under the 2023 Rules to identify and record all forest-like areas. The delay, the Court noted, was undermining conservation efforts. It directed these governments to form the committees within a month and complete GIS-based forest mapping within six months, with reports to be submitted to the Union government for judicial review.
The Court made it clear that the principles established in the Godavarman judgment—requiring States to protect all natural forests—remain binding. It also referenced its orders from February 2024 and February 2025, which bar the diversion of forest land unless an equivalent area of non-forest land is earmarked for afforestation.
Additional Solicitor General Aishwarya Bhati assured the Court of the government’s commitment to compiling the required data from States. However, the bench expressed skepticism over the incomplete compliance reflected in the affidavits submitted so far and warned that failure to meet the set deadlines could lead to contempt proceedings against senior bureaucrats.
By anchoring its directives in both the Godavarman judgment and the 2011 LaFarge ruling—which mandated the creation of digital forest databases—the Supreme Court aims to prevent the exploitation of legal loopholes that could jeopardize forest conservation efforts.
Given that 68% of Himachal Pradesh’s geographical area is classified as forest land, the state is expected to demonstrate its commitment to preserving these vital ecosystems. The Court’s definition of forest lands also covers barren and unused lands with undergrowth and scrub vegetation, broadening the scope of areas protected under conservation laws.
The upcoming hearing is set to review the progress made by States and UTs in implementing these measures, with the preservation of the country’s ecological balance hanging in the balance.
