Forest Land Diversion Approval

Diversion of forest land for a purpose unrelated to forest conservation requires prior approval of the Central Government. This forest clearance mechanism is governed by the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, formerly called the Forest (Conservation) Act, 1980, and the rules made under it.

Statutory basis

Under Section 2, a State Government or other authority cannot order the use of covered forest land for a non-forest purpose without prior Central approval. The Union Government is assisted by the Advisory Committee constituted under Section 3, which advises on approval proposals and forest conservation matters.

• The requirement also covers dereservation of reserved forests and specified assignment of forest land.
• The Act defines non-forest purpose and excludes specified activities connected with forest and wildlife conservation or management.

Approval process

The user agency submits its proposal through the State or Union Territory authorities. The proposal is scrutinised for factors such as the need for forest land, alternatives, environmental implications and mitigation measures before the Central Government decides it.

• An in-principle approval, commonly called Stage I approval, specifies conditions such as compensatory afforestation and payment of applicable levies.
• After the State reports compliance with these conditions, the Central Government may issue final approval, commonly called Stage II approval.
• The State or Union Territory may authorise diversion only after final approval and fulfilment of stipulated conditions.

Rights and parallel safeguards

Forest approval does not by itself override rights recognised under the Forest Rights Act, 2006. The State must ensure compliance with the process for recognition and vesting of forest rights, as applicable.

• Environmental clearance, wildlife clearance and land acquisition approval are separate requirements where the relevant laws apply.
• Compensatory measures do not convert prior approval into an automatic entitlement; the Central Government may reject or condition a proposal.