This was unthought of until the latest amendment of the Forest Conservation Act or the Van (Sanrakshan Evam Samvardhan) Adhiniyam, which exempts unrecorded deemed forests and private plantations from its purview, removing the protection that such areas enjoyed under the older law.

Construction of institutional and commercial buildings on such land, however, will not be allowed, according to a letter sent by the Union environment ministry to the Uttarakhand and Goa governments and published on the ministry’s Parivesh website on December 29. While this is likely to bring relief to landowners of private forests who have been waiting to build their properties, it is also expected to cause lasting damage to the micro-climate of both these places that are already reeling under the stress of heavy and mindless tourism.

According to India Meteorological Department’s State of Annual Climate Statement, a significant increasing trend of 1.44 degree Celsius in averaged annual mean temperature over Goa during the 100-year period of 1901-2022. It was more significant in respect of maximum temperature (+2.37 degree C/100 years) and relatively less significant for minimum temperature (+0.51 degree C/100 years). The five warmest years on record in order for Goa are 2015 (+0.815°C), 2017 (+0.614°C), 2021 (+0.571°C), 2020 (+0.565°C) and 2009(+0.547°C).

Goa is among the states with a high warming trend in India. In 2020, Goa’s Action Plan for Climate Change recommended that the Union territory, which is a global tourism hub, should consider imposing a green tax on tourism on the lines of taxes being imposed in countries like the Maldives and Spain, to help fund climate change mitigation measures.

The IMD report noted that Goa and its surrounding region have witnessed warming trends much faster than the rest of the country.

A high-level working group on the forest conservation amendment bill coordinated by Vidhi Centre for Legal Policy had flagged in its report in May 2023 that unclassed forests account for approximately 15% of India’s total forest cover, and in some states and Union Territories, unclassed forests (some of which are also unrecorded) are a massive portion of their total forest cover. Some of these states constitute some of India's most unique and endangered biodiversity-rich regions but these unrecorded forests are very vulnerable to being lost or degraded following the new amendment. Around 31.24% of forests in Goa are unclassed forests according to their report.

Mussoorie reeling under the effect of mindless tourism and climate change

Mussoorie, on the other hand, annually suffers from a water crisis, a parking mess, extreme rain episodes and increasing heat in summer due to a combination of factors such as mindless tourism and climate change.

In July last year, a committee constituted by the National Green Tribunal (NGT) submitted its 281-page report where it recommended that the expansion of construction activities should be avoided, and proper drainage and sewage systems need to be implemented in Mussoorie. It has also recommended that the registration of tourists should be done according to the carrying capacity of the area, especially the available parking space, and guest room availability, among others.

Change of land use of private forests to concrete patches would likely cause higher warming but also impact critical biodiversity.

“The clarification note issued by the ministry itself observes that much of the forest remaining around Mussoorie is private forests. Yet, at the same time, they are sounding the death knell for these forests and their associated wildlife by allowing the construction of "homesteads" in these forests. This is bound to lead to the fragmentation and decimation of these forests unless the regulations and clauses related to "homesteads" are strictly followed.

In the name of homesteads, several ancillary activities and construction for example, access roads, outhouses, and other facilities are likely to come up…many or most of these private forests would also have existing construction on them so it would be important to assess if additional construction is justified,” said Sejal Worah, partner, Jabarkhet Nature Reserve and resident of Mussoorie.

“In terms of wildlife, these patches of private forests form an important habitat connectivity for many protected species to move around and survive. Fragmentation and disturbance in these forests will impact many such species and could also lead to increased conflict. As we have seen with the setting aside of 100 acres of such a private forest as Jabarkhet Nature Reserve, wildlife such as leopard, goral, barking deer, black bear, martens, porcupines, civets, leopard cats, Himalayan foxes and more are thriving in the private forest,” she added.

Worah underlined that many of these forests are important catchment areas for springs and streams and also perform other important ecological functions including stabilising the slopes of these fragile mountains. “At a time when we are lamenting the over-construction in hill stations like Mussoorie and calling for a review of further construction, it is disheartening to note that construction is being opened up in the forests, most of which are on steep slopes,” she said.