CLAT-2027 Blog

Hasdeo Forest: Rajasthan PSU Seeks to Cut 4.48 Lakh Trees — CLAT Environment Law

CURRENT AFFAIRS | MAY 8, 2026

Rajasthan Vidyut Utpadan Nigam Limited (RVUNL) — Rajasthan’s state-owned power generation company — has applied for Forest Advisory Committee (FAC) clearance to fell 4.48 lakh trees in the Hasdeo Arand forest (Surguja district, Chhattisgarh) to expand the Parsa coal block. Hasdeo Arand is considered India’s densest coal-bearing forest — home to leopards, elephants, sloth bears (Schedule-I species) — and has been at the centre of a tribal rights movement for three years.

Constitutional Framework

Article 21 — the SC has held that the right to a clean environment is part of the right to life. Article 48A (DPSP, added by 42nd Amendment 1976) directs the State to protect and improve the environment and safeguard forests and wildlife. Article 51A(g) (Fundamental Duty) requires every citizen to protect and improve the natural environment. Fifth Schedule (Art. 244) governs administration of Scheduled Areas — Hasdeo is in such an area. PESA Act 1996 extends Panchayat Raj to Scheduled Areas and requires mandatory Gram Sabha consent before any diversion of forest land or natural resources. Forest Rights Act 2006 recognises the rights of Scheduled Tribes and other traditional forest dwellers over their land and forest resources.

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What Happened?

RVUNL needs to expand the Parsa coal block (East Chhattisgarh) to feed Rajasthan’s thermal power stations. The expansion requires felling 4.48 lakh trees in Hasdeo Arand — 841 hectares of dense forest. The company has applied to the FAC (Forest Advisory Committee under MoEFCC) for Stage-II forest clearance. Tribal communities and the Chhattisgarh Bachao Andolan (CBA) have been protesting for three years. Courts had previously stayed the clearance. RVUNL has proposed compensatory afforestation in the Hasdeo Dam and Bango Dam reservoir areas, but environmentalists argue these are degraded lands that cannot replace a biodiversity-rich primary forest.

Key Laws and Cases

  • Forest Rights Act 2006: Formally, Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act — recognises community forest resource rights, individual land rights, and rights over traditional habitats.
  • PESA Act 1996: Panchayats Extension to Scheduled Areas — Gram Sabha must give prior consent before diversion of community resources in Schedule V areas.
  • Forest Conservation Act 1980: Requires central government approval (FAC + Stage I + Stage II clearances) before any non-forest use of forest land.
  • T.N. Godavarman v Union of India (1995): SC held that FCA 1980 applies to all forests irrespective of classification — expanded the definition of forest beyond revenue records.
  • Samatha v State of AP (1997): Tribal land in Scheduled Areas cannot be leased to non-tribals for mining.
  • Orissa Mining Corporation v MoEF (2013): Niyamgiri case — Gram Sabha consent under PESA is mandatory before forest diversion in Scheduled Areas.
CLAT Angle: Why This Matters

Hasdeo-type cases are a CLAT perennial — they test environment law, tribal rights, and constitutional schedules in a single passage. Key facts to lock in: (1) FAC functions under MoEFCC, not the Ministry of Tribal Affairs. (2) PESA Gram Sabha consent is mandatory — even state government cannot override it for Scheduled Area forests (Niyamgiri principle). (3) Fifth Schedule covers most tribal states (Jharkhand, Odisha, Chhattisgarh, MP, Gujarat, etc.) except Assam, Meghalaya, Tripura and Mizoram (Sixth Schedule). (4) Compensatory afforestation does not automatically replace primary forest rights — it is a mitigation measure. (5) Art. 51A(g) is a Fundamental Duty; Art. 48A is a DPSP — understand the difference in enforceability.

Key Facts at a Glance

Law/Case Key Rule
Art. 21 Clean environment = part of right to life
Art. 48A (DPSP) State shall protect and improve environment
Art. 51A(g) (Duty) Citizen shall protect natural environment
Fifth Schedule Administration of Scheduled Areas (most tribal states)
PESA 1996 Gram Sabha consent mandatory in Scheduled Areas
Forest Rights Act 2006 Recognises tribal rights over forest land and resources
Niyamgiri (2013) Gram Sabha consent overrides mining clearance in tribal areas
Hasdeo facts 4.48 lakh trees; Surguja, CG; RVUNL (Rajasthan PSU); FAC pending
Mnemonic: FGPTN

Forest Rights Act 2006 — tribal land rights — Gram Sabha consent (PESA) mandatory in 5th Schedule areas — Protest by CBA 3 years strong — T.N. Godavarman = all forests protected regardless of classification — Niyamgiri = tribal self-determination wins. Remember: Schedule V (Fifth) = most tribal states; Schedule VI (Sixth) = Assam, Meghalaya, Tripura, Mizoram.

Practice Quiz — 10 CLAT-Style Questions

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Quick answers

The Forest Rights Act 2006 is also formally known as:
Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act. The Forest Rights Act 2006 is formally titled the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006. It recognizes the rights of forest-dwelling communities over land and forest resources.
PESA Act 1996 stands for:
Panchayats Extension to Scheduled Areas Act. PESA (Panchayats Extension to Scheduled Areas Act) 1996 extends the self-governance provisions of Part IX of the Constitution to Fifth Schedule areas, giving Gram Sabhas special powers over natural resources.
The Fifth Schedule of the Indian Constitution relates to:
Administration and control of Scheduled Areas and Scheduled Tribes. The Fifth Schedule (Art. 244) deals with the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura and Mizoram (which are covered by the Sixth Schedule).
In T.N. Godavarman Thirumulpad v Union of India (1995), the Supreme Court held that:
Forest Conservation Act applies to all forests irrespective of ownership or classification. In T.N. Godavarman (1995), the SC held that the Forest Conservation Act 1980 applies to all forests irrespective of ownership, classification or extent — expanding the definition of forest beyond revenue records.
The FAC (Forest Advisory Committee) functions under which Ministry?
Ministry of Environment, Forest and Climate Change. The Forest Advisory Committee (FAC) functions under the Ministry of Environment, Forest and Climate Change (MoEFCC). It advises on proposals for diversion of forest land for non-forest purposes under the Forest Conservation Act 1980.
Article 48A of the Indian Constitution directs:
The state to endeavour to protect and improve the environment and safeguard forests and wildlife. Art. 48A (DPSP added by 42nd Amendment 1976) directs the State to endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.
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