T.N. Godavarman Thirumulpad v. Union of India - International ...

management and regulation, the FC Act of 1980 was enacted. It became necessary forconservation of forest on realizing that there has been large scale of deforestation whichis causing ecological imbalance leading to environmental deterioration. This led toenactment of the FC Act providing for prohibition for use of forest land for non-forestpurpose by anyone including the State Government or other authorities except with theprior approval of the Central Government. This legislature was enacted, as already noted,after Forest and Wildlife were taken out from the State list and placed in the Concurrentlist. At the same time, Article 48A was inserted in the Constitution of India for protectionand improvement of environments and safeguarding forest and wildlife in the year 1977.The basis objectives leading to the laying down of the National Forest Policy, 1988 mayalso be noted and also the need and requirement for its enforcement. This policy wasframed on realizing that 1952 Forest Policy for the management of State forest in thecountry had not halted the depletion of forests. It was, therefore, considered necessary toevolve a fresh policy for future to lay down new strategies of forest conservation whichhad become imperative. Conservation includes preservation, maintenance, sustainableutilization, restoration and enhancement of the natural environment. The principal aim ofthe forest policy is to ensure environmental stability and maintenance of ecologicalbalance including atmospheric equilibrium which are vital for sustenance of all lifeforms, human, animal and plant. The derivation of direct economic benefit must besubordinated to this principal aim.The forest policy has a statutory flavour. The non-fulfillment of aforesaid principle aimwould be violative of Articles 14 and 21 of the Constitution. The basic objectives of theForest Policy, 1988 are:"2.1 The basic objectives that should govern the National Forest Policy are the following:-- Maintenance of environmental stability through preservation and, where necessary,restoration of the ecological balance that has been adversely disturbed by seriousdepletion of the forests of the country.-- Conserving the natural heritage of the country by preserving the remaining naturalforests with the vast variety of flora and fauna, which represent the remarkable biologicaldiversity and genetic resources of the country.-- Checking soil erosion and denudation in the catchment areas of rivers, lakes reservoirsin the interest of soil and water conservation, for mitigating floods and droughts and forthe retardation of silation of reservoirs.-- Checking the extension of sand-dunes in the desert areas of Rajasthan and along thecoastal tracts.-- Increasing substantially the forest/tree cover in the country through massiveafforestation and social forestry programmes, especially on all denuded, degraded andunproductive lands.24