Background

The Hon’ble Supreme Court in its order in T.N. Godavarman Thirumulpad vs. Union of India and Others [Writ Petition (Civil) No. 202 of 1995], dated the 30th October, 2002, observed that a Compensatory Afforestation Fund be created in which all the monies received from the user agencies towards compensatory afforestation, additional compensatory afforestation, penal compensatory afforestation, net present value of the diverted forest land or catchment area treatment plan shall be deposited in pursuance of the provisions under the Forest (Conservation) Act, 1980;

It had also been observed that the money received from the user agencies in cases where forest land diverted falls within protected areas, that is, the areas notified under the Wild Life (Protection) Act, 1972 (35 of 1972) for undertaking activities related to protection of biodiversity or wildlife shall also be deposited in the Fund;

The Hon’ble Supreme Court has directed that, besides artificial regeneration (Plantations), the Fund shall also be utilised for undertaking assisted natural regeneration, protection of forests, infrastructure development, wildlife protection and other related activities and an independent system of concurrent monitoring and evaluation should be evolved and implemented through the Compensatory Afforestation Fund to ensure effective and proper utilisation of funds;

In its direction dated the 5th May, 2006, the Hon’ble Supreme Court had directed that since the Government has not constituted a Compensatory Afforestation Fund Management and Planning Authority (hereinafter referred to as Authority), an ad hoc Authority should be constituted till the Compensatory Afforestation Fund Management and Planning Authority becomes operational and directed to centrally pool the money recovered on behalf of the said Authority lying in the States and Union territories into the ad hoc Compensatory Afforestation Fund Management and Planning Authority;

The Central Government formulated guidelines dated the 2nd July, 2009 on the subject of State Authority for utilisation of funds lying with the ad hoc Authority; AND WHEREAS in its direction dated the 10th July, 2009, the Hon’ble Supreme Court had directed that the guidelines and structure of the State Authority prepared by the Central Government may be notified and implemented;

In its directions dated the 10th July, 2009, the Hon’ble Supreme Court further directed that till an alternative system is put in place, after obtaining permission from the Supreme Court, the money towards compensatory afforestation, net present value and protected areas (national parks, wildlife sanctuaries) shall continue to be deposited in the ad hoc Authority;

Based on the above orders of the Hon’ble Supreme Court, The ad-hoc CAMPA authorities started functioning at The National Level and state level for utilization of funds as per the guidelines issued by the Ministry of Environment & Forests;

In the meantime, based on the above orders, directions and observations of the Supreme Court to ensure safety, security and expeditious utilisation in a transparent manner of funds accumulated with the ad hoc Authority and the funds to be collected by the State Governments and Union territory Administrations, it was proposed to create a National Compensatory Afforestation Fund and a National Compensatory Afforestation Fund Management and Planning Authority at the national level, and a State Compensatory Afforestation Fund and a State Compensatory Afforestation Fund Management and Planning Authority in each State and Union territory, by an Act of Parliament;

The Compensatory Afforestation Fund (CAF) Act 2016 (3rd August 2016) provides for the establishment of funds under the public accounts of India and the public accounts of each State and crediting thereto the monies received from the user agencies towards compensatory afforestation, additional compensatory afforestation, penal compensatory afforestation, net present value and all other amounts recovered from such agencies under the Forest (Conservation) Act, 1980; constitution of an authority at national level and at each of the State and Union territory Administration for administration of the funds and to utilise the monies so collected for undertaking artificial regeneration (plantations), assisted natural regeneration, protection of forests, forest related infrastructure development, Green India Programme, wildlife protection and other related activities and for matters connected therewith or incidental thereto;

In exercise of the power conferred by sub-section (1) and (2) of section 30 of the Compensatory Afforestation Fund Act, 2016 (38 of 2016), read with section 22 of the General Clauses Act,1897, the Central Government in consultation with the State Government notified the Compensatory Afforestation Fund Rules, 2018 (10th August 2018) for the management and utilization of funds;

In exercise of the power conferred by sub-section (1) of section 8 & section 10 of the Compensatory Afforestation Fund Act, 2016 (38 of 2016), Ministry of Environment, Forests and Climate Change, Govt. of India has notified 30th day of September, 2018 as the date of constitution of National Compensatory Afforestation Fund Management and Planning Authority vide notification No. S.O. 4855 (E), dated 14.09.2018 and State Compensatory Afforestation Fund Management and Planning Authority vide notification No. S.O. 4856 (E), dated 14.09.2018 respectively;

In pursuance of the Compensatory Afforestation Fund Act, 2016 (Central Act No.38 of 2016), the Compensatory Afforestation Fund Rule 2018, Dated 10.08.2018 and Ministry of Environment and Forests, Government of India Notifications S.O. 3967 (E), Dated 13.08.2018 and 4856 (E), Dated 14.09.2018, the Government of Telangana, vide G.O. Ms. No 6, EFS&T Dept, Dt. 15/02/2019 established the State Authority to be known as “the Telangana Compensatory Afforestation Fund Management and Planning Authority” (herein after referred to as Telangana CAMPA), which shall be responsible for the management of the State Compensatory Afforestation Fund Management and Planning Authority (CAMPA) Fund and its utilization for the purpose of the Compensatory Afforestation Fund (CAF) Act, 2016.