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The National Green Tribunal (NGT) directed all states and Union Territories that have not yet responded regarding forest encroachment within their jurisdictions to submit their replies to the Ministry of Environment, Forest and Climate Change (MoEF&CC) within four weeks as of July 31, 2024. The MoEF&CC has been instructed to compile this information and present it in a tabulated format at least one week before the next hearing date, set for November 11, 2024.
This directive is part of an ongoing case addressing the widespread encroachment on forest land across the country. On April 19, 2024, the NGT provided a table specifying the information required from the states and Union Territories. Those that had not yet filed their replies were instructed to furnish the necessary details as per the table, while those that had already replied were to submit the tabulated information to the MoEF&CC.
The MoEF&CC informed the court that replies had been received from 17 states so far, and reports from the remaining states were still awaited. The compiled information will be presented to the court in chart form.
NGT on July 31, 2024 directed all states and Union Territories to submit their responses on the status of unclassed forests in their jurisdictions within two months.
The original application was registered suo-motu based on a news item titled Chunk of India’s forests, missing, after 27-year-delay to file reports Analysis, which appeared in The Hindu on April 28, 2024. The article highlighted the issue of 'missing' Indian forests due to delays in filing reports by the State Expert Committees (SEC). It stated that the various SECs were required to file reports regarding the status of unclassed forests in the country.
The news item emphasised that with the enactment of the Forest (Conservation) Amendment Act, 2023, unclassed forests, which had legal protection under the landmark case T N Godavarman Thirumulpad (2016), would lose this protection, leading to their inevitable diversion.
The article further pointed out that the SEC reports were to be prepared in compliance with the order that specified 'forests' as per the dictionary meaning, including all categories of forests irrespective of ownership and notification status under the Forest (Conservation) Act, 1980.
As a result, unclassed forests, also known as deemed forests, would also require Central government approval if a project proponent sought to divert that land for non-forest use, following multiple layers of scrutiny.
According to the news item, twenty-three states have submitted their reports; however, only seventeen have complied with the Supreme Court's directions. It also noted that the reports were hastily assembled, using incomplete information and unverified data collected from readily available records.
NGT on July 31, 2024, granted four weeks to the Indian National Trust for Art and Cultural Heritage (INTACH) to file objections to the report filed by Haryana regarding its decision to notify 75 acres of Najafgarh Jheel as a wetland. INTACH argued, "The entire submerged area of Najafgarh Jheel falling within the territory of State of Haryana should be declared as wetland and that it cannot be reduced to mere 75 acres."
The matter pertains to the declaration of Najafgarh Jheel as a wetland. In an order dated December 22, 2023, the tribunal noted that the NCT of Delhi had already decided to declare Najafgarh water body as a wetland. A status report on behalf of the State Wetland Authority, Haryana, was filed in accordance with the Tribunal's directions dated February 16, 2024, and April 25, 2024. The report indicated that Haryana has decided to notify 75 acres as a waterbody / wetland.