The Forest (Conservation) Act 1980 requires prior approval of the Central Government for diversion of forest land for any non-forest purpose. The approval process involves Stage I and Stage II clearances, compensatory afforestation and conditions that are monitored and enforceable.
Section 2 of the Forest (Conservation) Act 1980 prohibits the State Government from authorising the diversion of any forest land for non-forest purpose, or the de-reservation of any reserved forest, without the prior approval of the Central Government. The approval process is two-staged: Stage I (in-principle approval subject to conditions including compensatory afforestation, net present value and conditions compliance) and Stage II (final approval after compliance with Stage I conditions).
The Forest (Conservation) Rules 2022 (replacing the 2003 Rules) and the Compensatory Afforestation Fund Act 2016 (CAMPA Act) establish the framework for compensatory afforestation, net present value payments and the utilisation of the compensation. AMLEGALS advises project proponents on the forest-clearance process, coordinates with the State Forest Department and the MoEFCC, and represents proponents in challenges before the NGT and the Supreme Court.
Preparing and filing the application for forest clearance with the State Forest Department and the MoEFCC.
Monitoring and ensuring compliance with Stage I conditions to secure Stage II final approval.
Advising on compensatory afforestation obligations, site identification, plantation compliance and CAMPA payments.
Advising on the computation and payment of net present value for forest-land diversion.
Defending forest-clearance approvals challenged before the NGT and representing proponents in Supreme Court proceedings.
Monitoring compliance with post-clearance conditions including plantation survival, wildlife-corridor maintenance and periodic reporting.
Forest clearance is required under Section 2 of the Forest (Conservation) Act 1980 whenever forest land is proposed to be diverted for any non-forest purpose — including mining, industrial projects, infrastructure, roads, railways and any construction activity. The Act applies to all forest land, including deemed forest (Godavarman Thirumalpad v Union of India (1996)).
Compensatory afforestation is the plantation of trees on non-forest land (or degraded forest land) equivalent in area to the forest land being diverted. The Compensatory Afforestation Fund Act 2016 (CAMPA Act) establishes the national and state funds for receiving and utilising the compensatory afforestation payments. The net present value of the forest land diverted must also be deposited.
The forest-clearance process typically takes 12 to 24 months from application to Stage II approval, depending on the area of forest land, the sensitivity of the forest, the completeness of the application and the efficiency of the State Forest Department and the Regional Office of the MoEFCC. Linear projects across multiple states may take longer.
Yes. Forest-clearance approvals can be challenged before the NGT or the Supreme Court. Common grounds include inadequate assessment of ecological impact, non-compliance with the Forest (Conservation) Rules, failure to consider wildlife concerns and procedural violations. The Supreme Court in Godavarman (1996 and ongoing) retains supervisory jurisdiction over forest matters.
In T.N. Godavarman Thirumalpad v Union of India (1996), the Supreme Court held that the word ‘forest’ in the Forest (Conservation) Act 1980 must be understood in its dictionary meaning — irrespective of ownership or classification in government records. Land that is a forest in fact, even if not classified as forest land in revenue records, requires forest clearance before diversion.
No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing.
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