Sunil Chadha
Shimla: The Himachal Pradesh government has decided to move the Supreme Court seeking an amendment in the Forest Conservation Act (FCA), 1980, to ensure availability of land for housing and development for disaster-affected families.
Himachal Pradesh Revenue Minister Jagat Singh Negi said that a petition will be filed in the Supreme Court within the next two weeks. The government will also become a party in the Godavarman case, a landmark case that has significantly influenced forest-related laws and their interpretation in India.
Jagat Singh Negi explained that a notification issued in 1952 had declared a large portion of land in Himachal Pradesh as “forest,” even though much of it was not covered with trees. As a result, this land falls under FCA provisions, creating hurdles in using them for rehabilitation, agriculture or developmental projects.
The minister said that despite several representations, this issue has not been resolved for decades. “The 1952 notification has become a barrier. Many families in Himachal are still deprived of land rights. If the Centre is serious about addressing the issue, it should immediately bring an ordinance,” he stated.
Jagat Negi further said that over 3,000 villages in Himachal Pradesh remain directly affected by these legal hurdles. “If amendments are not made, rehabilitation after natural calamities, construction of roads, schools and hospitals, and even livelihood opportunities for locals will continue to face obstacles,” he warned.
The Godavarman case, initiated in 1995 by TN Godavarman Thirumulpad in the Supreme Court, broadly defined “forest” to include not just notified forests but also lands recorded as forest in government documents.
This widened definition, while aimed at conservation, has also led to conflicts between environmental protection and development needs. The Himachal Pradesh government maintains that while conservation remains important, the balance must tilt towards people’s welfare in disaster-prone regions.
“Someone has to take responsibility. Dialogue and decisive action are needed—this is about survival and justice for the people of Himachal,” Negi asserted.
