No Cultivation on Forest Land Without Central Clearance: Supreme Court Cancels Lease Over 134 Acres, Orders Reforestation

“Forest land cannot be used for agriculture or any other non-forest purpose without prior approval of the Central Government. Any such lease, if granted, is a clear illegality.” – Supreme Court

In a strong reaffirmation of statutory environmental protections and judicial directives on forest conservation, the Supreme Court on December 18, 2025, allowed the appeal filed by the State of Karnataka and set aside the High Court’s directions that had permitted a co-operative society to seek continuation or extension of a lease over 134 acres of forest land for agricultural purposes.

Delivering judgment in State of Karnataka & Ors. v. Gandhi Jeevan Collective Farming Co-operative Society Ltd., the Bench comprising Justice Vikram Nath and Justice Sandeep Mehta held that the original lease granted in the 1970s itself contravened the Forest (Conservation) Act, 1980, and any continuation of the same would perpetuate a manifest illegality.

“Agriculture is a non-forest purpose under Section 2 of the Forest (Conservation) Act. No authority, including the State, can allow such use without prior approval of the Central Government” – Court Invokes Supreme Court’s Binding Orders in Godavarman and WWF Cases

The Court categorically declared that cultivation on forest land amounts to non-forest use under Section 2 of the Forest (Conservation) Act, 1980, and reiterated that prior approval of the Central Government is mandatory. “As per the extant statutes, forest lands could not be allowed to be used for non-forestry purposes which would include agriculture,” the Court noted, while referring to the landmark orders passed in T.N. Godavarman Thirumulpad v. Union of India and Centre for Environmental Law, WWF-I v. Union of India.

Quoting from the 13 November 2000 order passed in the WWF case, the Court underscored the continuing embargo: “Pending further orders, no de-reservation of forest/sanctuaries/national parks shall be effected.” It also cited the 12 December 1996 order in Godavarman, wherein the Supreme Court directed total cessation of all non-forest activities in forest areas without Central Government approval.

In this backdrop, the apex court held: “No permission could have been granted to perpetuate the illegality committed while granting the lease of the forest land to the respondent-Cooperative Society.”

Forest Department Had Already Taken Possession—Continuation of Lease Legally Unsustainable

Significantly, the Court also noted that possession of the forest land was formally taken over by the Karnataka Forest Department on January 23, 2007, following eviction proceedings under the Karnataka Forest Act and Forest Manual. Panchanamas were drawn, caution boards were installed, and cultivation ceased.

Despite this, the High Court had erroneously permitted the respondent society to make a representation to the Ministry of Environment, Forest and Climate Change (MoEFCC) seeking extension or continuation of the lease, and had even directed the State to forward the representation for consideration.

Rejecting this line of reasoning, the Supreme Court declared: “We are of the firm opinion that the impugned order whereby the respondent-Cooperative Society was given an opportunity to make a representation to be considered by the Central Government for continuation of the lease on the forest land is not sustainable in the eyes of law.”

Background: Forest Land Leased for Cultivation in 1970s, Litigation Spanning Four Decades Ends With Supreme Court’s Final Word

The roots of the dispute go back to 1976, when the State of Karnataka granted a 10-year lease of over 134 acres of forest land to the respondent co-operative society for agricultural cultivation. The society cleared large areas of forest cover and started farming operations.

Upon termination of the lease in 1985, the society initiated a series of litigations, including writ petitions, civil suits, first appeals, and even a second appeal before the High Court, which were eventually dismissed. However, the civil courts protected the society from dispossession until eviction was carried out in 2007.

What followed was yet another round of litigation, culminating in a 2009 High Court order allowing representation for lease renewal—an order which has now been set aside by the apex court.

“Forest Land Must Be Restored Within 12 Months”: Supreme Court Issues Reforestation Mandate to State of Karnataka

Apart from setting aside the High Court’s directions, the Supreme Court went a step further to ensure environmental restoration of the deforested area. It directed the Forest Department to undertake reforestation and restoration of the 134 acres by planting indigenous tree species in consultation with expert bodies.

The Court made it clear that compliance must be completed within 12 months, and scheduled the matter for a compliance report on December 17, 2026.

Reasserting the Sanctity of Forest Land and the Limits of State Authority

In a ruling that has far-reaching implications for the conservation of forest land across the country, the Supreme Court has reiterated that State Governments cannot lease or allow non-forest activities on forest land without the prior approval of the Central Government, as mandated by Section 2 of the Forest (Conservation) Act, 1980.

The judgment reaffirms binding constitutional and environmental principles laid down by the Supreme Court in the Godavarman line of cases and underscores the judiciary’s proactive stance in forest preservation.

By directing not just the cancellation of the illegal lease but also active restoration of the forest ecosystem, the Court has demonstrated that violations of environmental laws will not be retrospectively legitimized, and restorative justice will be enforced.

Date of Decision: December 18, 2025