Latest news with #1980
Hindustan Times
26-05-2025
- General
- Hindustan Times
Kondhwa reserved forest land transfer initiated following SC order
Acting on the Supreme Court's (SC's) directions, the Pune District Collectorate has initiated the process of transferring 29 acres and 15 gunthas of reserved forest land in Kondhwa Budruk to the forest department. The move follows an SC order dated May 15 which declared as void a 1998 allotment of this forest land to members of the Chavan family. The land was later sold to Richie Rich Cooperative Housing Society (RRCHS) for a multi-storey housing project. The SC also declared as void all subsequent transactions and developments on this land, citing a clear violation of the Forest (Conservation) Act, 1980. The transfer of this land to the forest department is intended to ensure compliance with the Forest (Conservation) Act, 1980 and prevent further encroachment or unauthorised use. Following the May 15 SC order, the Pune district collector on May 17 instructed officials to inspect the site in question and initiate the process of transferring the reserved forest land to the forest department. Pune district collector Jitendra Dudi said that the land would be handed over to the forest department after demarcation. 'Necessary updates will be made to the 7/12 land records within the timeframe set by the SC,' he said. Meanwhile, the forest department is awaiting formal instructions from the Maharashtra government. Assistant conservator of forests Deepak Pawar said, 'The SC's directions will be communicated to us through the state government. We are currently awaiting those instructions.' Pawar further said that the forest department had submitted an affidavit to the National Green Tribunal (NGT) in March 2025, detailing the status of the reserved forest land under the revenue department's control. 'We are now verifying land records and will act once we receive further directions from the state government,' he said. The transfer is expected to bring the reserved forest land under the formal control of the forest department, enabling legal protection and stricter enforcement of conservation norms. The SC ruling dated May 15 came in response to a petition filed in 2007 by Nagrik Chetna Manch, a citizens' group, which challenged the 1998 diversion of the said forest land for private construction. The SC found that the land had been notified as reserved forest in 1879 and had remained so in official records. No valid de-reservation process had taken place after 1934. The apex court then held that the diversion of forest land for non-forest use was illegal, and stemmed from a nexus between politicians, bureaucrats, and builders under the pretext of rehabilitation. It ordered restoration of the said land. Calling the judgement 'significant', deputy conservator of forests Mahadev Mohite said that it could pave the way for similar actions across the country. 'In Maharashtra, nearly 1.5 lakh hectares of forest land remain with the revenue department. In Pune district, it is about 14,000 hectares,' he said.
New Indian Express
24-05-2025
- Politics
- New Indian Express
Odisha HC directs collector of Jajpur to stop mining in Balarampur PRF
CUTTACK: The Orissa High Court on Friday directed Jajpur collector to ensure mining operations are stopped at the six black stone quarries leased out inside Balarampur Protected Reserve Forest (PRF) under Dharmasala tehsil in the district. The vacation bench of Justices SK Sahoo and MS Sahoo also directed the collector to file a detailed affidavit on the action taken to stop the extraction of black stone at the quarries which were leased out by an auction notice on September 17, 2021. The bench issued the direction after collector P Anvesha Reddy made submissions regarding action taken on the letter of the divisional forest officer (DFO), Cuttack on September 20, 2024, requesting to cancel permits for mining from the six black stone quarries. The quarries were verified and found to be operating inside Balarampur Protected Reserve Forest in violation of Forest Conservation Act, 1980. Reddy, who was present in virtual mode on the court's order, claimed that after receiving the letter from the DFO, steps have been taken to stop mining at all the six quarries. The mining officer, Jajpur, had issued letters to the leaseholders to stop extraction on October 9, 2024. But, Reddy failed to give any definite reply as to whether mining operations at the six quarries had been stopped or were still continuing. The court was hearing a PIL alleging inaction against the quarry operations over 28 acres inside the PRF area in violation of the Forest Conservation Act, 1980. Pitabas Dash and three other residents of nearby villages filed the petition. Appearing on the petitioners' behalf, senior advocate Subir Palit alleged that in spite of the DFO's communication to the collector, the quarrying operations are still continuing and resulting in extensive and massive pilferage of resources and government revenue on daily basis in addition to the damage to the environment and public health. The bench scheduled the matter for further consideration on June 24, directing the collector to file a detailed affidavit by then.
Hindustan Times
23-05-2025
- Politics
- Hindustan Times
‘Zudpi jungles' are forest land: SC
New Delhi: The Supreme Court on Thursday struck a balance between protection of environment and right to livelihood as it declared 86,400 hectares of 'Zudpi Jungle' lands in eastern Vidarbha region of Maharashtra as forests but protected the structures existing on it till December 1996. The top court noted that 'Zudpi' was a Marathi word, literally translating to bushes or shrubs, and 'Zudpi' lands meant an inferior type of unoccupied lands with bushy growth. These lands consist of low Murmadi soil (arid soil with gravel and soft stones) where tree growth was not possible and hence these were dominated by shrubs and other dry vegetation. These are, however, extremely ecologically important areas that act as wildlife corridors, according to experts. A bench of chief justice of India (CJI) BR Gavai and justice Augustine George Masih in its order said: 'It is directed that the Zudpi Jungle lands shall be considered as forest lands in line with the order of this court dated December 12, 1996 in the present proceedings.' The bench directed the Maharashtra government to submit a consolidated proposal for each district. The land in question was part of six districts of Eastern Vidarbha Region — Nagpur, Wardha, Bhandara, Gondia, Chandrapur and Gadchiroli. The Maharashtra government had in 2019 approached the top court seeking clarification whether its decision in the TN Godavarman case on December 12, 1996 — the verdict defined the term forest — would apply to Zudpi jungle or forest land, which are grazing land. Noting that on the land in question, there stood government buildings, residential quarters, schools, graveyards, educational and public institutions, the bench said, 'In the peculiar facts and circumstances of the present case, we direct that as an exception, and without the same being treated as a precedent whatsoever for any matter, the Zudpi Jungle lands allotted by the competent authority up to December 12, 1996 and for which land classification has not been changed, the state of Maharashtra shall seek approval under Section 2 of the Forest (Conservation) Act, 1980 for their deletion from the list of Forest Areas.' The court directed the Centre to approve the proposal without imposing any condition for compensatory afforestation or levy of net present value (NPV) but directed the state to ensure that the land used is not changed in the future under any circumstances. 'We clarify that all activities for which lands have been allotted by the competent authority will be deemed to be site-specific,' the top court added. The top court's 1996 decision held that forest land as defined in Section 2 of the FC Act would include not only forests as understood in the dictionary sense but any area recorded as forest in the government records. The court in its Thursday's order reiterated its recent decision of May 15 directing chief secretaries/administrators of all states and UTs to constitute Special Investigation Teams for examining to whether any forest land in possession of Revenue Department has been allotted to any private individuals/institutions for non-forestry purposes and directed states to either restore the land or recover cost of the land in the event such restoration is not possible. Maharashtra chief minister Devendra Fadnavis hailed the verdict as a major relief for Vidarbha region which, he said, has been lagging in terms of development because of the Forest (Conservation) Act, 1980. 'I would say it is a landmark and historical judgment because the Supreme Court has maintained a balance between the development and environment,' Fadnavis told reporters. 'Most importantly, our demand for exempting slums that are settled on zudpi land for giving them ownership rights has also been approved by the SC. This will allow the state to give ownership rights to the people residing in those slums,' he said, adding the top court has approved all recommendations of the state government. Experts pointed out that Zudpi jungles have been considered forest since the 1980's. 'In 1987, the Maharashtra government asked the environment ministry to exempt the Zudpi Jungles from the purview of the Forest Conservation Act 1980. This meant that Maharashtra was treating Zudpi Jungles as forests,' Debi Goenka, executive trustee of Conservation Action Trust, said. 'One of the important issues that was raised before the top court was the fact that the CEC report was completely silent on the impact of the proposed denotification of Zudpi Jungles on wildlife and wildlife corridors. It must be kept in mind that even small patches of forests are important for wildlife especially if they are located within wildlife corridors. This aspect has been completely ignored,' he added.
Time of India
22-05-2025
- Politics
- Time of India
Treat Zudpi Jungle as forest land, rules SC, exempts pre-1996 users
Nagpur: The Supreme Court on Thursday settled a long-running legal and ecological dispute involving over 86,000ha of Zudpi Jungle land in Vidarbha. It ruled that while the scrublands qualify as forests under the law, a one-time exception would be made to protect the interests of residents and institutions using the land prior to 1996. 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'. " 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. " 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.
Indian Express
21-05-2025
- General
- Indian Express
The case behind CJI Gavai's first judgment, which proclaimed Pune land transfer as illegal
In a landmark judgment on May 15, also the first day after Justice B R Gavai took over as the Chief Justice of India (CJI), a Supreme Court bench comprising the CJI, Justice Augustine George Masih and Justice K Vinod Chandran concluded that the nexus between politicians, bureaucrats and builders had converted precious forest land into space for commercial use under the garb of resettling people. What is the case and what is its connection with Pune? An area measuring 32 acres and 35 guntha at Survey No. 20 of Kondhwa Budruk village in Pune was on March 1, 1879 notified as a reserved forest under the provisions of Section 34 of the Indian Forest Act, 1878. Thereafter, a portion of the land measuring 2 acres and 20 guntha was de-reserved by the state government on January 5, 1934 and the rest of the land remained as forest land. In 1960, a different plot of land in Survey No. 37 of Kondhwa Budruk village owned by a family, the Chavans, was acquired by the state government to construct the Dr Bandorwala Leprosy hospital. The Chavan family was not paid any compensation and instead they requested the land in Survey No. 20 as an alternative for their resettlement and the tehsildar on May 13, 1968 released the land to the Chavan family for cultivation for one year on the condition that they will neither lease, mortgage, sell or excavate it without the approval of the Collector. The one-year contract was never renewed. However, the state government in 1969 decided that the forest land given on lease for cultivation should be permanently released for cultivation to the leaseholder after de-reservation. Meanwhile, the Forest (Conservation) Act, 1980 came into force from October 25, 1980 and it stated that no forest land could be de-reserved or used for any non-forest purposes without the permission of the Union government. The Chavan family made an application to permanently release the land in 1988. Bureaucracy's action On June 19, 1991, the then District Collector found that the members of the Chavan 'family' were using only 3 acres and 20 gunthas for cultivation. The Collector therefore recommended that the area under actual cultivation be allotted to them in view of the Government Resolution dated March 22, 1969 while recommending that the possession of the remaining land be handed over to the Forest department. On November 30, 1994, the Divisional Commissioner recommended to the state government that the entire land should be allotted to the Chavan family and observed that there was no necessity to obtain the Union government's prior approval for allotment of the land, which is a reserved forest. Revenue minister's intervention The then state minister for revenue was of the opinion that the land was granted by the government for agricultural purposes and that the Chavan family was using the land continuously for the same purpose. Therefore, the provisions of the Forest Conservation Act 1980 were not applicable in the case. He, therefore, sought legal advice from the Law and Judiciary department of the Maharashtra government. On July 27, 1998, the deputy secretary, Law and Judiciary department, gave his opinion that there was no necessity to obtain prior sanction of the Union government if the forest land was already broken up and acquired before the Forest Conservation Act 1980 came into force. Accordingly, the state revenue minister sanctioned the allotment of the land and the state government issued an order on August 4, 1998 to that effect. On August 28, 1998, the District Collector issued a land allotment order subject to conditions that it will not be mortgaged, donated, sold, partitioned or exchanged, leased and bring the land into cultivation within a period of two years while clarifying the land can only be used for agriculture purpose. The builder's entry On October 30, 1999, the Divisional Commissioner gave permission to the Chavan family to sell the land to the promoter of Richie Rich Cooperative Housing Society Ltd (RRCHS) to use it for the construction of private residences. It was revealed that the Chavan family had done transactions with promoters of the housing society on December 19, 1998 before they were given permission to sell. On July 8, 2005, the District Collector gave permission to use the land for non-agricultural purposes, which is the construction of residential buildings. The Pune Municipal Corporation on February 27, 2006 issued a commencement certificate and sanctioned the building plan. On July 3, 2007, the Union environment and forest ministry gave environmental clearance for the construction of a residential, shopping and IT complex on the land. Nagrik Chetna Manch challenges In 2007, city-based NGO Nagrik Chetna Manch challenged the allotment of reserved forest land to private persons and its use to construct multi-storeyed buildings in violation of the Forest Conservation Act 1980. Thus, the court directed the Central Empowered Committee (CEC) to enquire and submit a report in the matter. The state revenue and forest department issued a notice on July 2, 2008 to the RRCHS and members of the Chavan family informing them about the state government's decision to review its order of allotting the land to the 'Chavan family'. It also served a notice to the RRCHS notifying the possession of the land would have to be taken back. Meanwhile, the RRCHS challenged the state government decision in the court. CEC recommendations On November 27, 2008, the CEC recommended the cancellation of allotment of 11.89 hectare of reserve forest land in Kondhwa Budruk for agriculture purposes and subsequent permission given for its sale in favour of the RRCHS and construction of buildings. It urged to restore the land back as a forest. It also recommended prosecuting senior functionaries and officials of the Maharashtra government responsible for the allotment or use of the reserve forest land in violation of provisions of the Forest Conservation Act. These senior functionaries included the then state revenue minister who approved the land allotment; the then Pune Divisional Commissioner who granted permission for sale of the land in favour of a private person for the construction of buildings; the then deputy conservator of forests, Pune, who issued no objection certificate not only here but in many other cases, facilitating the illegal use of forest land for private gain; and the developer, who entered into various development agreements for the purchase and use of the land for construction of buildings. It also recommended that a special investigation team (SIT) be constituted to examine the details of all reserve forest land under the control of the revenue department of Pune that had been allotted to be used without approval under the Forest Conservation Act. It recommended that all such allotments should be cancelled and those involved in such cases should be prosecuted for criminal breach of trust. Documents forged The RRCHS submitted a gazette notification dated March 9, 1944 to show that the land was not forest land and prayed for the proceedings to be disposed of. The state government said the gazette notification submitted in court was a fabricated document. Thus, the court ordered the CID on May 9, 2024 to inquire into it. On August 16, 2024 the CID submitted that the gazette document placed by the RRCHS was forged and not genuine. Court verdict The allotment of reserve forest land in Kondhwa Budruk for agriculture purposes and permission for its sale to the RRCHS was illegal, the SC ruled. The environment clearance by the Union environment and forest department was quashed. The land in possession of the revenue department should be handed over to the forest department within three months, the SC said. The chief secretaries of all states and administrators of all Union Territories have been directed to constitute SITs for examining as to whether any of the reserved forest land in possession of the revenue department has been allotted to any private individuals or institutions for any purpose other than forestry. State governments and UTs have been directed to take steps to take back forested land from persons or institutions in possession of these plots and hand over the same to the forest department. If retrieving this land is not in larger public interest, state governments and UTs should recover the cost of the land from the persons or institutions to whom they were allotted and use the amount for development of forests. Impact on Pune land A small portion of the reserved forest land has been developed by the RRCHS. In this case, the SC has allowed for the cost of land to be recovered if possession is not possible. 'The Supreme Court verdict might sound like forest area is protected, but in the case of Pune, the RRCHS has developed a section of the land, so it is likely the developed portion would exist by recovering land costs. This judgment has come after decades,' said civic activist Vijay Kumbhar. Moreover, the court has not accepted the recommendation of the CEC completely and has not issued directions to prosecute all those who were involved in illegally converting forest land for residential purposes, he added.
