Whether the land which is not a forest land as per revenue record or a declared forest nor fulfilling the requirement of a deemed forest, when the same is earmarked for execution of a project under a Master Plan, could with the efflux of time be declared as deemed forest, overriding the statutory binding force and sanctity of the said Master Plan?

No. Land earmarked for execution of a project under an approved Master Plan, which is not forest land as per revenue record or a declared forest nor fulfilling the requirement of a deemed forest at the time of coming into force of that Master Plan, cannot subsequently be declared a forest or a deemed forest overriding the statutory binding force and sanctity of the Master Plan. Without changing the Master Plan in accordance with law, changes brought about by natural or human intervention have no impact whatsoever on the project.

Forest (Conservation) Act, 1980 — s.2 — Master Plan of Delhi, 2021 — "Forest land" — "Deemed forest" — Statutory binding force and sanctity of the Master Plan — Relevant date — Invasive alien species — Forest (Conservation) Act, 1980 — s.2 — Land earmarked under an approved Master Plan — Efflux of time — Held: Land which is not forest land as per revenue record or a declared forest, nor fulfils the requirement of a deemed forest when a Master Plan comes into force, cannot with the efflux of time be declared a deemed forest. Changes on the ground due to natural or human intervention cannot override the statutory binding force and sanctity of the Master Plan. (¶47, 65) Forest (Conservation) Act, 1980 — s.2 — Determination of "deemed forest" — Relevant date — Held further: The relevant date for determining the nature of the land as deemed forest is the date of coming into force of the Master Plan, not the date work on the project is initiated on the ground. Absent contemporaneous material that the land bore the character of forest then, no prior approval of the Central Government is required. (¶60, 65) Forest (Conservation) Act, 1980 — s.2 — Invasive alien species — Natural forest ecosystem — Held further: Mere presence of vegetation or tree cover, particularly invasive alien species introduced through historical human intervention, cannot by itself be equated with the existence of a natural forest ecosystem. Transplantation of native species and compensatory afforestation directed; appeal disposed of. (¶54, 66, 67)

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