Railways don't need permission to build infrastructure on forest land

02 Mar 2023 CW Team

Although its contradicting regulations on the subject caused uncertainty in many states, the Ministry of Environment, Forest, and Climate Change has clarified that the railways do not need to obtain authorization to expand infrastructure on its land in forest areas.

The Forest (Conservation) Act would not be applied on railway-owned land for the execution or maintenance of railway operations, according to a statement made by the ministry in reference to an order dated March 10 of last year.

The national transporter can now carry out infrastructure improvements without asking permission from the Centre, including in delicate forest areas.

The ministry has been informed that there is confusion on how the term "RoW," which is specified in the guidelines dated March 10, 2022, should be interpreted in several states and UTs.

The issue was investigated by the ministry, and it was determined that the RoW referenced in the guidelines...may be interpreted as the region inside the boundaries of railroad-owned land used for carrying out or maintaining railroad activities.

Given the "contrarian instructions" the ministry has been issuing on the subject since 2016, it was claimed that it is natural why the state governments are confused.

The ministry stated in November 2016 that the Forest Conservation Act might not be relevant if the conversion of metre gauge to broad gauge lines is permitted on forest land in the right of way (RoW) of the railway line that was already used for non-forest purposes before October 25, 1980.

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