Van (Sanrakshan Evam Samvardhan) Amendment Rules, 2025
( UPSC Prelims)
News Context
The Ministry of Environment, Forest and Climate Change (MoEFCC) has announced the Van (Sanrakshan Evam Samvardhan) Amendment Rules, 2025, introducing notable modifications to the Van (Sanrakshan Evam Samvardhan) Rules, 2023.
Major highlights of the Van (Sanrakshan Evam Samvardhan) Amendment Rules, 2025
• Notified by Central Government under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 (Forest Conservation Act 1980), amended by Forest (Conservation) Amendment Act, 2023.
• Compensatory Afforestation (CA) land can either be transferred to the Forest Department or designated as a protected area under the Indian Forest Act, 1927 or other laws.
o Compensatory Afforestation refers to afforestation conducted in exchange for the diversion of forest land for non-forestry purposes under the Forest (Conservation) Act, 1980.
• Mining of critical/strategic minerals (under the MMDR Act, 1957) is required to carry out CA on degraded forest land, at least double the area.
• State governments are permitted to grant initial 'working permission' for linear projects such as roadworks (excluding blacktopping and concretization), railway tracks, and transmission lines.
o Previously, state governments could only mobilize resources after receiving in-principle or Stage-I approval for a project.
Procedure for Forest Clearance (as per Forest (Conservation) Act, 1980):
• Stage I – In-Principle Approval: This initial approval is provided if specific conditions are satisfied, such as the allocation of funds for compensatory afforestation.
• Stage II – Final Clearance: This is issued once the State verifies that all conditions from Stage I have been fulfilled.
• Approval Authority:
o For projects covering up to 5 hectares (excluding mining), the Chief Conservator of Forests at the Regional Office grants clearance.
o For projects exceeding 5 hectares, or any mining proposals, the Ministry of Environment, Forests and Climate Change grants clearance based on recommendations from the Forest Advisory Committee.
About Forest (Conservation) Amendment Act, 2023
Definition of forest:
○ Land designated or officially recognized as a forest under any legislation (e.g., Indian Forest Act, 1927).
○ Land documented as forest in government records (Revenue or Forest Department) on or after 25th October 1980.
○ This excludes land that has been officially converted from forest use to non-forest purposes on or before 1996.
○ In 2024, the Supreme Court instructed States/UTs to adhere to the 1996 T.N. Godavarman case definition of "forest" until the identification of forest land under the 2023 Forest (Conservation) Act amendment is finalized.
Activities excluded from the definition of non-forest purposes:
○ Establishment of zoos and safaris under the WPA, 1972, in forest areas, excluding protected areas;
● Eco-tourism facilities included in area plans;
● Silvicultural operations including regeneration activities;
○ Any other purposes specified by the Central Government.
Categories of land exempted from provisions of the Act:
| Exempted Projects | Extent of exemption |
|---|---|
| Connectivity to a habitation, or to a rail, and roadside amenity | Forest land up to 0.10 hectares along a rail line or public road maintained by the Government |
| Projects of national importance & concerning national security | Forest land within 100 kms of international borders or Line of Control or Line of Actual Control. |
| Construction of security-related infrastructure | Forest land up to 10 hectares |
| Defence projects, paramilitary camps, or public utility projects | Forest land up to 5 hectares in a Left-Wing Extremism-affected area |
T N Godavarman Thirumalpad v. Union of India case (1996)
The landmark Supreme Court decision set forth a wide-ranging and thorough definition of "forest". This expanded definition includes:
○ All regions documented as "forest" in any government records, whether at the Union or State level, regardless of ownership, recognition, or classification.
○ All regions that align with the "dictionary" meaning of forest.
○ Areas designated as "forest" by expert committees established by the States in accordance with the 1996 order.