Restriction on the dereservation of forests or use of forest land for non-forest purpose
Notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make, except with the prior approval of the Central Government, any order directing—
(i) that any reserved forest (within the meaning of the expression "reserved forest" in any law for the time being in force in that State) or any portion thereof, shall cease to be reserved;
(ii) that any forest land or any portion thereof may be used for any non-forest purpose.
Explanation.—For the purposes of this section "non-forest purpose" means the breaking up or clearing of any forest land or portion thereof for any purpose other than reafforestation.
In plain English
What this section actually means
Section 2 is the heart of the Act — every other section exists to support it. In one sentence, it tells every State Government and every State authority: you may not, by yourself, (a) un-reserve a reserved forest, or (b) divert forest land to any non-forest use. You have to get the Central Government's approval first.
The Section opens with a 'notwithstanding' clause. That is legal shorthand for: it does not matter what your State's forest law, land law or any other statute says — this central law overrides them all on the specific question of forest diversion.
The two prohibited acts are sweeping. Clause (i) covers any order that 'de-reserves' a reserved forest — meaning a forest that was once declared reserved under the Indian Forest Act or an equivalent State law. Clause (ii) covers any order allowing forest land to be used for any 'non-forest purpose'.
The Explanation at the bottom defines that key phrase. 'Non-forest purpose' means breaking up or clearing forest land for anything except reafforestation. That is deliberately wide: roads, mining, dams, factories, transmission lines, plantations of horticultural crops, even agricultural use — all of them count as 'non-forest purposes' and need Central approval.
Landmark cases like T.N. Godavarman v. Union of India (1996) read 'forest' in this Section to cover not just statutorily-reserved forests but any area answering the dictionary meaning of 'forest', whoever owns it — including private 'deemed' forests.
Defined terms
How the Act defines the words it uses
- Non-forest purpose§2 (Explanation)
- The breaking up or clearing of any forest land or portion thereof for any purpose other than reafforestation.
- Reserved forest§2(i)
- The expression carries the meaning given to it in the State forest law currently in force — typically a forest notified as 'reserved' under the Indian Forest Act, 1927 or an equivalent State Act.
Step by step
How the procedure works
- 1
User agency identifies a need to use forest land
A government department, public-sector body or private developer (the 'user agency') identifies that a project will require the diversion of forest land or de-reservation of a reserved forest.
Actor: User agency - 2
Proposal lodged with the State Forest Department
The user agency files a proposal — these days through the PARIVESH portal — giving land details, project purpose, cost-benefit analysis, compensatory afforestation plan and Net Present Value (NPV) payment.
Actor: State Forest DepartmentForest (Conservation) Rules - 3
State recommends to the Central Government
After scrutiny, the State forwards the proposal with its recommendation to the Regional Office of the Ministry of Environment, Forest and Climate Change (MoEFCC) — or directly to MoEFCC for proposals above the threshold.
Actor: State Government - 4
Advisory Committee examines the proposal
The Forest Advisory Committee constituted under Section 3 advises the Central Government on whether to grant Stage-I 'in-principle' approval.
Actor: Forest Advisory CommitteeSection 3 - 5
Central Government grants approval
If satisfied, MoEFCC issues a Stage-I approval listing conditions (compensatory afforestation land, NPV deposit, mitigation measures). Once conditions are complied with, Stage-II final approval is issued. Only then may the State pass the diversion order.
Actor: MoEFCC, Government of IndiaSection 2 (prior approval)
Visual
See how it flows
Process
How a forest-diversion proposal moves
From a user-agency need to a final diversion order, every step exists because Section 2 forbids the State from acting alone.
User agency identifies need
Mining co., NHAI, DISCOM, etc.
Proposal on PARIVESH
Filed with State Forest Dept.
State recommendation
Rule 6
Forest Advisory Committee
Constituted under §3
Section 3
Central approval
Stage-I → Stage-II
Section 2
State diversion order
Only after Stage-II
Real life
What this looks like in real life
A State Cabinet clears a highway widening through a reserved forest
Setup. A State Cabinet passes a resolution allowing the State PWD to widen a 12 km stretch of NH passing through 86 hectares of reserved forest, citing the urgency of inter-State connectivity. No Central approval is mentioned in the resolution.
What the law does. The State has crossed Section 2(ii). The land is forest land; widening for a highway is a 'non-forest purpose'. Without prior Central Government approval, the State's resolution carries no legal effect; affected citizens or NGOs can challenge it before the High Court or the National Green Tribunal.
A villager clears a small patch of jhum-fallow forest land to plant areca nut
Setup. A farmer on the edge of a reserved forest clears 0.3 hectares of regrown shrub forest and plants an areca nut orchard, relying on a State revenue record showing the land as 'unclassed'.
What the law does. After Godavarman, the dictionary meaning of 'forest' applies. Even unclassed land that bears forest can fall under Section 2. The State cannot regularise the clearance without Central approval; the farmer may also be prosecuted under the State forest law and, post-1988, under Section 3A.
Landmark cases
How the courts have read this
T.N. Godavarman Thirumulpad v. Union of India
Supreme Court of India · 1996 · (1997) 2 SCC 267
The word 'forest' in Section 2 must be understood in its dictionary sense. Section 2 therefore applies to all forests, irrespective of ownership or classification in revenue records.
Lafarge Umiam Mining Pvt. Ltd. v. Union of India
Supreme Court of India · 2011 · (2011) 7 SCC 338
Stage-I approval under Section 2 is only an 'in-principle' clearance. The State cannot pass any diversion order until Stage-II final approval is issued after all conditions are met.
Cross-references
Read this alongside
- Indian Forest Act, 1927§20·Defines and constitutes 'reserved forest' — the same expression Section 2(i) borrows.
- Forest (Conservation) Amendment Act, 1988§2·Expanded the prohibition to also cover clearing of naturally-grown trees and assignment of forest land by way of lease. Not yet present in the user's 1980 PDF.
- Environment (Protection) Act, 1986§3·Provides additional Central powers to protect forests as part of the environment — works alongside Section 2.
Frequently asked
Questions about Section 2
Open this section in the source PDF
Forest Conservation Act, 1980.pdf
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