The Haryana government has issued a gazette notification. In which the forest was defined on the basis of ‘definition of dictionary’. English newspaper Hindustan Times According to the news of, strict technical rules have been included in this new definition. According to environmental activists and explies, most of the remaining forests of Aravalli can be excluded from legal protection.
The move has raised questions against the Supreme Court’s 1996 TN Godavarman case’s decision, ordered to adopt a widespread definition of forests. Come, let’s understand this issue.
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New ‘Jungle’ definition of Haryana
- The Haryana government in its notification said that no land will be considered as ‘forest’ unless it has at least 40% of the trees (canopy density).
- Apart from this, if this land is isolated, then its area should be at least five hectares. If it is connected to government notified forests, then at least two hectares.
- In this definition, all linear, compact, agricultural-watership plantations and gardens are excluded from the category of the forest when they are out of government notified forests.
Environmental workers say that this definition is a threat to the forests of Aravalli, as the umbrella of trees in this area is less dense. There are small forests in many parts which do not meet this criteria.
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Supreme Court’s Decision of 1996
- In 1996, the Supreme Court ruled in the TN Godavarman case. The court had said that the word ‘Jungle’ should be understood on the basis of the meaning of the dictionary, that is, a land that is densely covered with trees.
- According to the Oxford Learners Dictionary, forest means a large area covered with trees.
- The court also said that the forests, whether government, private or non-committed, all should be protected under the Forest Protection Act, 1980.
The Supreme Court had said that comprehensive definition should be followed
On 19 February 2024, the Supreme Court once again directed all the states to follow this broad definition. The court said that until the identity of the forests is met by the states, this definition will have to be followed before starting any non-oblivion activity.
Apart from this, in the order of 4 March 2025, the court said that the identity of the forests should be geo-referenced, which should contain details of the boundaries of the forest, wildlife corridors and the already removed forest areas.
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Environmental workers concern
Environmental workers believe that the criteria of 40% canopy density is impractical for Aravali. In Aravalli, trees are small and thorny due to low rainfall (300–600 mm annually) and rocky land. The forests develop as open and scrub (0–10% canopy) or open forest (10–40% canopy). Even the Asola Bhatti Wildlife Sanctuary in Aravalli, Delhi does not meet this 40% criteria.
At least 10% canopy density in Aravali should be considered a forest. The range of area should be 1 and 2 hectares. Such a strict criteria will exclude Aravalli’s potential ‘Deemed Forest’ (such forests which are not in government records, but the forests are in the sense of the dictionary) out of the purview of the Forest Protection Act. With this, the Town and Country Planning and Mining Departments can get permission to start activities in these areas.
Haryana government’s stand
Haryana State will now form an expert committee, which will identify forests based on new definition. The report of this committee will be submitted to the central government, which will present it before the Supreme Court. However, activists say that this step is against the Supreme Court’s 1996 order.
A retired forest officer kept it in more strict words. He said that this step of Haryana is illegal, mischievous and malicious. This has been done only to exclude forests from conservation and help contractors, miners and other destructive forces. He said that the forests should be identified on the basis of their ecological utility and not only on the number of trees.
Importance of Aravali and climate change
Aravalli is one of the oldest mountain ranges in India, which extends 670 km from Gujarat to Haryana. This region is rich in biodiversity and is a natural shield against climate change.
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About two-thirds of the Aravalli in Haryana has been preserved under the Punjab Land Proposition Act (PLPA), 1900. But non-individual forests have not been recognized as ‘deemed forest’, making them unsafe for activities like mining and real estate.
Extreme climate incidents like floods and heavy rains in Haryana have caused havoc. Experts say that conservation of ecologically important areas like Aravalli is the only way to prevent these disasters.
Forest Protection Amendment Act of 2023
The amendment to the Forest Protection Act in 2023 further increased the dispute. This amendment excluded non-incomplete and deemed forests from legal protection, opening the way to legalize the non-ecological use of forest land between 1980 and 1996.
The Supreme Court, while hearing the petitions challenging this amendment, issued an interim order in 2024, stating that the definition of 1996 would have to be followed.
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