SHILLONG, Aug 2: Meghalaya acquired a new definition of forest in legal and technical terms through amendment of the Meghalaya Forest Regulation, Act 1973, mandated by passage of Meghalaya Forest (Amendment)Bill, 2012; modifying the original act, in the winter session of the assembly in 2013. This was a huge blow. The new definition relegated thousands of hectares of forest land in Meghalaya into non forest status.
Realising the gravity of the issue, environmentalist Naba Bhattacharjee and few other activists petitioned the then Governor of Meghalaya to withhold assent to the amendment. However, the Governor gave his assent and the Bill became an Act. But a sustained effort for review has been on for over a decade.
Prior to the “re-definition of forest”, the United Khasi-Jaintia Hills Autonomous District (Management & Conservation of forests) Act, 1958 and Rules, 1960, clearly defined forest as “an area where not less than 25 trees per acre or around 65 trees per hectare, reserved or unreserved or any other forest produce growing on such area which have been or are capable of being exploited for purpose of business or trade ….”. This characterization is considered among the best in the country and comes closest to the Supreme Court’s definition after the ban on tree felling in 1996 and one which is closest to the ground realities obtaining in Meghalaya.
The 2012 amendment deviated drastically from the Council’s definition. According to Meghalaya Forest (Amendment) Bill 2012, an area would be considered a forest if it is a compact or continuous tract of minimum four hectares of land, irrespective of ownership, where more than 250 naturally growing trees of 15 cm and higher diameter at breast height (DBH), over bark or more than 100 naturally growing bamboo clumps per hectare are present. There are very few forest areas in Meghalaya today with such density of growing stock, particularly in a compact, contiguous block of 4 hectares. Hence, the Act legitimizes intrusion into forest areas to freely engage in non- forestry activities and avoids regulations under purview of the FC Act, 1980.
Member, State Planning Board and environmentalist, Naba Bhattacharjee on Saturday met Minister Forest and Environment, James Sangma and presented a detailed note and study report on the issue while emphasising the disastrous future of forest cover in the state. Bhattacharya also outlined the present definition based on major “forest type” in Meghalaya which is commensurate to the density of each type, irrespective of geographical and political boundaries.
Sangma while appreciating the merit of the case has assured to take up the matter with the concerned senior officials on a priority basis. Bhattacharya told this scribe, “A detailed study of the ground situation within a fixed time line, is expected through another amendment to the definition of forest and restoration of the original definition as far as practical and possible.”
