- (1.) IT is an undisputed fact that the forest in this country is an important and vital component to sustain the life support system on this planet For various reasons, our forest is being slowly depleted At the same time, as part of our developmental activities, some areas of the forest have to be used for non-forest purposes The economic development shall not be at the cost of complete degradation of the forest or the environment and eco-system provided by the green area of the forest Therefore, it was considered whether the user agency of such land which is required for developmental activities to compensate for the diversion of the forest and on the recommendations of the Central empowered Committee (hereinafter being referred to as "cec", it was decided by this court that the user agency shall be required to make payment of net present value (NPV of such diverted land so as to utilize this for getting back in the long run which are lost by such diversion A scheme was submitted by ministry of Environment and Forests (MOEF alongwith an affidavit dated 22 3 2002 The cec considered all relevant aspects including the scheme submitted by MOEF and filed a report on 9 8 2002 These reports were accepted by this Court This Court in T. N. Godavarman Thirumulpad v. Union of India [jt 2006 (4 SC 454 , 2006 (1 SCC 1] finally directed that the question as to what amount of NPV is required to be paid and to achieve these objectives, it was directed that the question is to be examined by experts A committee comprising of three experts including Mrs Kanchan Chopra was appointed and this Court gave the following directions - (i to identify and define parameters (scientific, biometric and social on the basis of which each of the categories of values of forest land should be estimated (ii To formulate a practical methodology applicable to different biogeographical zones of India for estimation of the values in monetary terms in respect of each of the above categories of forest values (iii To illustratively apply this methodology to obtain actual numerical values for different forest types for each biogeographical zone in the country (iv To determine on the basis of established principles of public finance, who should pay the costs of restoration and/or compensation with respect to each category of values of forests (v Which projects deserve to be exempted from payment of NPV
(2.) ON the basis of the directions issued by this Court, a Committee consisting of Mrs kanchan Chopra gave a report and the same was examined by the CEC The report contains detailed study of the relevant factors. The Forest Survey of India, has since last two decades, been undertaking forest cover mapping of the country using satellite data obtained by the NRSA, hyderabad. The methodology of mapping involves the geo-rectification of the satellite imagery using the Survey of India toposheets followed by the digital interpretation of the same and extensive ground truthing. It was found that the forest cover maps depicts mainly three tree canopy density classes, viz. , very dense, moderately dense and open. There were other classifications in the Forest of India and "champion and Seth" have classified the forests of India into 16 major groups. The major basis of classification included the climate, the soil and the past treatment as these factors determine the vegetation type of a given locality. CEC has classified the forest taking in view the ecological role and value of the forests and for the purpose of the report, 16 major forest types have been further grouped into 6 ecological classes depending upon their ecological functions. JUDGEMENT_210_JT7_2008Html1.htm Based on the ecological importance of forest falling in different eco-value and canopy density classes, relative weightage factors have also been taken into consideration. By using these relative weightage factors, the equalized forest area in eco-value Class I and very dense forest corresponding to forest falling in different eco-value and density classes have been compiled. For example, 17,997 sq. km. of open forest of Eco-Class iv has been calculated to be equivalent to 7,558 sq. km. of very dense forest of Eco-Value Class I. Accordingly, the entire forest area of the country has been calculated and found to be equivalent to 5. 2 lakh sq. km. forest area having highest ecological significance as that of forest falling in eco-value Class I with density above 70%.
(3.) THE net present value per hectare of forest has been fixed based on this data. For calculating the average net percent value per hectare of forest in India, the following monetary value of goods and services provided by the forest have been considered :- (i Value of timber and fuel wood (ii Value of Non Timber Forest Products (NTFP (iii Value of fodder (iv Value of Eco-tourism (v Value of bio-prospecting (vi Value of Ecological services of forest (vii Value of Flagship Species (viii Carbon Sequestration Value Based on this, the NPV was fixed and the following recommendations have been made - (i) for non-forestry use/diversion of forest land, the NPV may be directed to be deposited in the Compensatory Afforestation Fund as per the rates given below - JUDGEMENT_210_JT7_2008Html2.htm (ii the use of forest land falling in National Parks / Wildlife Sanctuaries will be permissible only in totally unavoidable circumstances for public interest projects and after obtaining permission from the Hon'ble Court Such permissions may be considered on payment of an amount equal to ten times in the case of National Parks and five times in the case of Sanctuaries respectively of the NPV payable for such areas The use of non-forest land falling within the national Parks and Wildlife Sanctuaries may be permitted on payment of an amount equal to the NPV payable for the adjoining forest area In respect of non-forest land falling within marine National Parks / Wildlife Sanctuaries, the amount may be fixed at five times the npv payable for the adjoining forest area, (iii these NPV rates may be made applicable with prospective effect except in specific cases such as Lower Subhanshri Project, mining leases of SECL, Field Firing Ranges, wherein pursuant to the orders passed by this Hon'ble Court, the approvals have been accorded on lump-sum payment / no payment towards the NPV; and (iv for preparation and supply of district level maps and GPS equipments to the concerned state / UT Forest Departments and the regional offices of the Moef, the Ad-hoc CAMPA may be asked to provide an amount of Rs 1 0 crore to the Forest Survey of India out of the interest received by it ;