Maharashtra's Residential Development Proposal on Private Forest Land Rejected by MoEFCC Panel

The Forest Advisory Committee (FAC), a statutory body under the Ministry of Environment, Forest and Climate Change (MoEFCC), has recently rejected a proposal for residential projects on private forest lands in Maharashtra. This decision comes after the committee deferred a request from a builder in Thane, who sought approval for a residential colony on 10.685 hectares of private forest land in the Walshet region.

The rejection is a significant stance taken by the FAC, which is responsible for evaluating proposals for the diversion of forest land for non-forestry purposes. Despite the strong advocacy of Maharashtra’s nodal officer for this specific proposal, the FAC upheld the guidelines set out under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980. These guidelines clearly state that forest land cannot be used for activities such as industrial establishments, construction of residential colonies, or rehabilitation projects. Such activities, according to the FAC, are deemed non-site-specific and are prohibited on forest land under normal circumstances.

The FAC's decision reflects a broader policy shift, as it aims to protect forest ecosystems from encroachment and unsustainable development. The guidelines have been in place for decades to ensure that forest lands are preserved for ecological purposes. While the central government has allowed some flexibility in certain regions like Uttarakhand and Goa, where residential construction is permitted on private forest land subject to specific conditions, this rule does not extend to Maharashtra.

For instance, in Uttarakhand, residential houses can be built in private forest areas within the Mussoorie-Dehradun Development Authority (MDDA) region, but the built-up area is strictly limited to 250 square meters. Similarly, in Goa, residential construction in private forest or deemed forest areas is also allowed, but it is restricted to a small-scale footprint. These exceptions are subject to stringent oversight to ensure that the environmental impact is minimized.

However, the FAC has clarified that these provisions are not applicable in Maharashtra, as the state's forest lands fall under a different regulatory framework. The FAC has also emphasized that, following a new notification under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, regional offices will no longer consider proposals for the diversion of forest land on a case-by-case basis, as was done previously. This marks a shift towards a more uniform application of the regulations across India.

Moreover, the FAC pointed out that proposals involving private forest lands must adhere to the comprehensive rules and guidelines of the Van (Sanrakshan Evam Samvardhan) Adhiniyam 1980. These include requirements for compensatory afforestation (CA) and the payment of the net present value (NPV) for the diversion of forest lands, which had been relaxed in the past. Now, any such relaxation is ruled out, and all projects must strictly follow the law.

In light of these developments, the FAC suggested that if the Maharashtra government wishes to pursue any future proposals involving the diversion of private forest land for residential or other purposes, it should submit a detailed proposal to the Union Ministry of Environment. This submission must include a comprehensive justification, particularly focusing on the site-specific aspects of the land, as well as any potential ecological concerns.