Central Government Amends Forest Conservation Rules, Streamlining Approvals and Strengthening Enforcement

The Central Government, through a notification issued by the Ministry of Environment, Forest and Climate Change on August 31, 2025, introduced the Van (Sanrakshan Eevam Samvardhan) Amendment Rules, 2025. These rules, which came into force on the date of their publication in the Official Gazette, further amend the existing Van (Sanrakshan Eevam Samvardhan) Rules, 2023. The amendments were made in exercise of the powers conferred by sub-section (1) of section 4 of the Van (Sanrakshan Eevam Samvardhan) Adhiniyam, 1980 (an Act for the conservation of forests and matters connected therewith). The legislative changes aim to refine the process for forest land diversion approvals, clarify procedural aspects, and enhance the enforcement mechanism under the Adhiniyam. 

Key provisions include the formalisation of "in-principle or Stage-I approval" and "final or Stage-II approval," replacing the previous "In-Principle" and "Final" terminology. A significant introduction is the definition of "working permission," which allows linear projects to commence preliminary works after obtaining Stage-I approval and depositing compensatory levies, prior to receiving final approval. The rules also permit offline submission of applications for projects related to defence, strategic and national importance, exceptional public interest, or emergent nature. Furthermore, the validity period for in-principle or Stage-I approval has been extended from two years to five years, with a provision for further extension by the Central Government under specific circumstances. The amendments also address the resignation process for non-official members of various committees and revise timelines for site inspections and processing by nodal officers.

The legislative intent behind these amendments is to streamline the forest clearance process, particularly for critical infrastructure and strategic projects, while simultaneously strengthening the regulatory framework for forest conservation. The earlier legal position, governed by the Van (Sanrakshan Eevam Samvardhan) Rules, 2023, presented certain procedural limitations that are now addressed. The introduction of "working permission" for linear projects aims to reduce delays in project implementation by allowing initial works to proceed once preliminary environmental safeguards are met. The extension of the validity period for Stage-I approvals provides greater flexibility to project proponents and State/Union Territory Administrations in fulfilling compliance requirements. The rules also clarify requirements for compensatory afforestation, specifying that land must be transferred and mutated as forest land in favour of the Forest Department before final approval is granted. Notably, the amendments include specific provisions for projects involving aerial cabling, pipelines, and the mining of Critical and Strategic Minerals, as well as prescribed substances under the Atomic Energy Act, 1962, detailing compensatory afforestation norms, including exemptions for underground mining without surface rights. A crucial aspect of the revised framework is the enhanced enforcement mechanism. The legislation provided: “...officer holding the rank of Divisional Forest Officer or Deputy Conservator of Forests or above in the State Government or Union territory Administration or an officer holding the rank of Assistant Inspector General of Forests or above in the Regional Office of the Central Government, having jurisdiction over the forest land in respect of which any offence under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 (69 of 1980) is committed or violation of the provisions of the Adhiniyam has been made, shall initiate legal proceedings and file complaints against such person, authority or organisation, prima-facie found guilty of offence under the said Adhiniyam or the violation of the rules made thereunder, in the court having jurisdiction in the matter.” This provision empowers designated officers to initiate legal proceedings against offenders, with a mandate for State Governments and Union Territory Administrations to file complaints within forty-five days of receiving communication from the Central Government or its Regional Offices. This aims to ensure timely and effective action against violations of forest conservation laws. The amendments also facilitate the creation of land banks for compensatory afforestation by State Governments and Union Territory Administrations, allowing for the utilisation of degraded forest land, government lands, or lands recorded as forest in government records.

Keywords: Forest Conservation, Amendment Rules, Environmental Law, Project Approvals, Compensatory Afforestation, Enforcement
Geo Tags: India, Not Applicable