03B. India's Environmental Laws 2 - IFA and FCA,1980

IFA, 1927

1. Division

2. Trees

1. 3 types of forests

2. People can take MFP but trees in forest is property of IFA

1. Trees at homes

2. Sandalwood

1. Even though the trees at home belongs to us, and we are the owners, we cant cut or sell the tree, if the tree falls on its own then its ours, the fruit belongs to us

2. Sandalwood owner is gvt even if we grow it in our backyard, we are just the custodians

Amendment of IFA in 2017

Bamboo outside forest area is not a tree, so we can cut and sell from now

What is Dictionary definition of forest

If the canopy seen from top is greater than certain percent of land then its a forest

1. Steps of Forest notification

1. First identify a forest

2. Record in record

3. Notify as forest

the time between record and notify can be large

Forest conservation act

1. context

2. what it says

3. But What is forest land acc to act

4. TN Godavarman case, 1996

5. Who has the power to divert forest land if needed

1. Forest cover has been declining

2. forest land cannot be diverted for non forest purposes

3. Forest land is any land that has been notified as forest under IFA or any State forest act

4. SC said that forest means dictionary definition of forests not just notified

5. Central gvt, state gvt can't do it now without central gvt permission, before it can, thats why this law

Forest conservation amendment act, 2023 (Van (Sanrakshan Evam Samvardhan) Sanshodhan Adhiniyam, 2023)

1. context

1A. Types of forests

2. What is forest

3. Issue with definition

4. What is forest purpose

5. exceptions to FCA

6. SC case

7. Retrospective forest application

1. after godavaramn case, gvt wanted to change the definition of forest

1A. RF,PF, VF, private forests

2. forest = notified forest + all land recorded as forest after 25th oct 1980

3. recorded forests before 1980 but not notified until now are not forests

4. included Silviculture, zoo, ecotourism

5. Land within 100km of Indian Border is not considered as forest

6. SC asked all state gvt to make a list of forests in that area and an expert committee will decide then and SC will give judgement and until then Godavarman holds

7.Now plantations cannot be declared forest

Diversion of forest for mining

1 Which act keeps the condition

2 procedure for mining in forests

3 procedure for mining in non-forests

1. FCA, 1980

2. Step1: Submit the proposal in PARVESH portal
   Step2: MoEFCC gives green light and asks to pay NPV and do CA
   Step3: After the company does it then the Central gvt will allow state gvt to give permission
   Step4: State gvt will give formal permission for mining

3. No central gvt involvement, just state gvt will give permission after EIA

FCA and Northeast issue

1. What

2. Is FCA applicable to NE

1. Lot of unnotified forests

2. A371A prohibits nagaland and mizoram until customary laws allow it

1. What is Deemed forest

2. Recorded but unclassified forest

3. Notified forest

1. Forest that is identified as forest but not recorded

2. Gvt recorded but not notified

3. Notified as RF,PF,VF

Forest conservation Act, rules

1. Name

2. Mineral

Van (sanrakshan evam samvardhan) amendment rules, 2025

2. can divert for critical minerals with Compensatory afforestation