Treat Zudpi Jungle as forest land, rules SC, exempts pre-1996 users
Delivering the verdict in a batch of applications linked to the 1996 TN Godavarman ruling, a division bench of CJI BR Gavai and Justice AG Masih accepted Central Empowered Committee (CEC) recommendations. It permitted the Maharashtra govt to seek regularisation of land use changes predating December 12, 1996. The order affects six districts – Nagpur, Wardha, Bhandara, Gondia, Chandrapur, and Gadchiroli – where large swathes of Zudpi Jungle were historically diverted for schools, hospitals, agriculture, and infrastructure without formal reclassification.
"The Zudpi Jungle shall be considered as forest lands in line with the SC order of December 12, 1996," the bench held. "As an exception, and without being treated as a precedent, these lands allotted by the competent authority up to December 12, 1996, and for which land classification was not changed, the govt shall seek approval under the Forest (Conservation) Act, 1980 for their deletion from the 'List of Forest Areas'.
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The apex court directed the govt to submit consolidated district-wise proposals for such lands. "The govt shall ensure that the land use is not changed in the future under any circumstances and transfer is made only by inheritance," it said. The Centre, on receiving such proposals, has been instructed to grant clearance "without imposing any condition for compensatory afforestation or depositing Net Present Value (NPV) levies".
The court also issued stern directions regarding post-1996 land allotments. "The govt shall give reasons why such allotments were made along with the list of officers who made such allotments in violation court's orders. The processing of such allotments shall be done by the central govt only after ensuring that punitive action was taken against the concerned officers under the Forest Act," the bench stated.
Zudpi Jungle, historically classified in revenue records as wastelands with shrub vegetation and poor soil, dates back to British-era land settlement documents in the Central Provinces.
Despite lacking dense forest cover, these lands were captured by the 1996 judgment's broad definition of forests, which brought them under the Forest Act and stalled both public and private use, triggering a legal and administrative stalemate.
To resolve this, the apex court's ruling mandates the Centre and state to jointly devise a streamlined approval mechanism within three months for any legitimate diversion of Zudpi Jungle for non-forestry purposes.
"The Zudpi Jungle will not be permitted to be used for compensatory afforestation unless there is chief secretary's certificate regarding the non-availability of non-forest land. In such cases, compensatory afforestation must be carried out on double the area of Zudpi Jungle land, as per the existing the MoEF&CC guidelines," it ruled.
To curb further encroachments and misuse, the SC directed formation of a dedicated task force in each affected district comprising a sub-divisional magistrate, deputy superintendent of police, assistant conservator of forests, and a taluka inspector of land records.
"They must identify and remove all encroachments made post-1980 within two years. All allotments for commercial purposes post October 25, 1980, must be treated at par with encroachments.
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The court said all unallotted Zudpi plots of less than 3ha to be declared as 'Protected Forests'. These fragmented parcels, which cannot be managed as forests, would remain with the govt and cannot be transferred to private entities.
In determining forest rights claims on these lands under the Forest Rights Act, 2006, historical satellite imagery has been authorised as a tool to assess eligibility.
In conclusion, the court noted that while environmental protection remains paramount, the legacy of bureaucratic inaction and the socio-economic dependence of communities on these lands warranted a calibrated legal remedy. It tasked the CEC with monitoring the implementation of all directives and filing periodic progress reports.
"We reiterate to the state govts and Union Territories to take steps to take possession of the land from the persons/institutions and hand over the same to the Forest Department. In case it is found that taking back the possession of the land would not be in the larger public interest, the state govts/Union Territories should recover its cost from the persons/institutions in occupation thereof and use that amount for the purpose of development of forests," the bench said.
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