The Supreme Court on Thursday December 18 or 19, 2025 held that forest land cannot be leased or used for agricultural purposes without the prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980, and that any such lease granted in violation of the law is illegal and cannot be continued.
The Bench of Justice Vikram Nath and Justice Sandeep Mehta emphasized that the statutory framework governing forest conservation imposed an absolute embargo on de-reservation of forest land or its use for non-forest purposes, including agriculture, without express prior approval of the Central Government. The Apex Court noted that permitting cultivation on forest land necessarily entailed clearing of forest cover, an outcome directly contrary to the object, scheme, and mandatory requirements of the 1980 Act.
“This Court in a catena of decisions has passed numerous mandatory directions prohibiting dereservation of forest. Granting permission to cultivate the forest land would essentially require clearing of forest and such a course of action is in the teeth of Section 2 of the Forest (Conservation) Act, 1980,” the Court observed.
On this basis, the Bench set aside a 2009 judgment of the Karnataka High Court which had allowed a cooperative society to seek continuation of a lease over forest land by submitting a representation to the forest authorities and the Union Ministry of Environment and Forests. The Supreme Court held that once the original grant itself was illegal, no equitable or procedural remedy could be invoked to sustain its continuation.
The Court allowed a civil appeal filed by the State of Karnataka in Civil Appeal No. 3661 of 2011, titled State of Karnataka & Ors. v. Gandhi Jeevan Collective Farming Co-Operative Society Limited (2025 LiveLaw (SC) 1228).
The dispute related to 134 acres and 6 guntas of land situated in Benachi and Tumarikoppa villages of Kalaghatagi Taluk in Dharwad district. The State Government had granted the land to the respondent cooperative society on a ten-year lease starting from June 30, 1976, for agricultural purposes, during which the members of the society cleared trees and cultivated the land.
After expiry of the lease, the State refused to extend it and terminated the lease by an order dated March 13, 1985. The termination was challenged through multiple writ petitions and civil suits, but eviction proceedings were eventually initiated under the Karnataka Forest Act, and possession of the land was taken back by the Forest Department on January 23, 2007.
Before the Supreme Court, the State relied on the landmark rulings in T.N. Godavarman Thirumulpad v. Union of India (1996) and Centre for Environmental Law, WWF-I v. Union of India (2000), which prohibit de-reservation of forests or diversion of forest land for non-forest purposes without prior approval of the Central Government.
Accepting these submissions, the Court held that the very grant of lease for agricultural purposes was uncalled for and resulted in devastation and deforestation of a huge forest area measuring nearly 134 acres. The Court held that no permission could be granted to perpetuate the illegality committed at the stage of granting the lease.
Taking note of the fact that the Forest Department already holds possession of the land, the Supreme Court directed the Forest Department of Karnataka to restore the forest by planting indigenous trees and plants in consultation with experts. The Court directed that compliance be completed within twelve months and listed the matter on December 17, 2026, for submission of a compliance report.
By Saniya Pathan
Legal Intern@singhania&co
