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Indian Express
5 days ago
- Politics
- Indian Express
Assam commando battalion camp: ‘No further deliberation, interference needed': NGT disposes of suo motu case
Disposing of a suo motu case regarding the construction of an Assam commando battalion camp on reserve forest land in Hailakandi district, the National Green Tribunal (NGT) has said in its order that further deliberation is not required without any challenge to the Centre's post facto forest approval to the camp. The tribunal also took on record the Assam government's undertaking that it would dismantle all constructions beyond 20,000 sqm (above which prior environmental clearance is needed), and said, 'In the above circumstances, we are of the view that no interference in this OA (original application) is required. '…We are of the view that at this stage without there being any challenge to the said order further deliberation on this issue is not required. The clearance under Section 2 of the FC (Forest Conservation) Act, 1980, now exists in favour of the Assam Police Housing Corporation Limited,' the NGT noted in its order issued on May 30. Earlier, the Assam government had submitted to its State Environment Impact Assessment Authority (SEIAA) that the camp did not require environmental clearance as its extent was under 20,000 sq m. The SEIAA had taken the view that the project came under the ambit of an 'educational institute'. The Assam government and SEIAA had relied upon an environment ministry notification, granting exemption from prior green nod to buildings and constructions with a built-up area up to 1,50,000 sqm, such as warehouses, industrial sheds, and colleges. This was stayed by the Supreme Court in February this year. Considering the top court's order, the NGT said, '… view of the SEIAA, Assam that the project is exempted as an educational institute in the Minutes of Meeting dated 22.04.2025 need to be re-examined by SEIAA, Assam.' The principal bench comprising NGT chairperson Justice Prakash Shrivastava, judicial member Sudhir Agarwal, and expert member Vel had taken suo motu cognizance of the battalion camp's construction by diverting 44 hectares of forest land, based on a news report. It had reserved its order in April. One of the key issues considered by the Tribunal was 'whether the approval of the Central Government under Section 2 of the FC Act, 1980, was required for the diversion of the forest land and construction of the camp… and if such a permission has been obtained?' the order said. The NGT order noted that the construction clearly fell within the meaning of 'non-forest' activity and it was not in dispute that the land in question is forest land. It noted that the Assam government sought Centre's approval under the FC Act for non-forestry use of 11.5 hectare of forest land for the camp and a post facto approval was granted in February. However, before the Assam government approached Centre, the Environment Ministry had informed the NGT that the camp's construction was in contravention of the Van Sanrakshan Evam Samvardhan Adhiniyam, 2023, (formerly known as Forest Conservation Act, 1980). It said that the construction had begun without prior approval. Later, it had asked the Assam government to stop the construction and directed its regional office in Shillong to initiate action as per law. In May 2024, Assam's top forest official M K Yadava was served a notice by the regional office for alleged violation of the 2023 Adhiniyam. Action against Yadava is still pending.
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.
Hindustan Times
16-05-2025
- Politics
- Hindustan Times
Restore forest land illegally allotted to private entities: SC
The Supreme Court on Thursday directed all the states and Union territories to constitute special investigation teams (SITs) to restore forest lands that have been illegally allotted to private entities and recover costs in cases where taking back possession was not in larger public interest. The direction came in a judgment delivered in a matter related to 'illegal' allotment of 11.89-hectare reserved forest land in Pune, Maharashtra to a housing society — Richie Rich Cooperative Housing Society Limited (RRCHS) — in October 1999. The court in its order called out the role of then Maharashtra revenue minister and then divisional commissioner, who ensured the allotment of land to the housing society by bypassing the Forest Conservation Act, objections raised by bureaucrats on the land meant for agricultural purpose, and a 1996 top court verdict in the landmark TN Godavarman case that gave an expansive meaning to the definition of forests under the FC Act. A bench headed by chief justice of India (CJI) BR Gavai said: 'We direct chief secretaries of all the states and administrators of all the union territories to constitute special investigation teams (SIT) for the purpose of examining as to whether any of the reserved forest land in the possession of the revenue department has been allotted to any private individuals/institutions for any purpose other than the forestry purpose.' The bench, also comprising justices AG Masih and K Vinod Chandran, further directed states and UTs to 'take steps to take back the possession of the land from the persons or institutions in possession of such lands and handover 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 governments/UTs should recover the cost of the said land from the persons/institutions to whom they were allotted and use the said amount for the purpose of development of forests,' the verdict, authored by the CJI, added. Such transfer of land should be completed within a period of one year, the bench ordered. In the Pune case, the bench held that the allotment of 11.89 hectare of the reserved forest land in Kondhwa Budruk village for agriculture purposes on August 28, 1998 and subsequent permission given for its sale in favour of RRCHS on October 30, 1999 was 'totally illegal'. 'We also have no hesitation to hold that the then minister for revenue and the then divisional commissioner, Pune, have given a total go-bye to the doctrine of public trust inasmuch as, valuable forest land was allotted to the 'Chavan family' de hors the provisions of the law,' it said, noting the land was allotted in favour of one 'Chavan family' in 1998. 'The present matter is a classic example as to how the nexus between the politicians, bureaucrats and the builders can result in the conversion of precious forest land for commercial purposes under the garb of resettlement of people belonging to the backward class from whose ancestors, agricultural land was acquired for public purpose,' it added. The court quashed the environmental clearance granted by the Union environment ministry on July 3, 2007 to RRCHS. It directed that possession of the subject land, which is reserved as a forest land but is in possession of the revenue department, should be handed over to the forest department within three months.
