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Indian Express
20 hours ago
- General
- Indian Express
Vidarbha's ‘Zudpi' scrub lands are ‘forest' lands: how SC ruling has struck a balance between development and environment concerns
After several decades of litigation over about 86,000 hectares of Zudpi jungle (shrub forest) lands peculiar to Maharashtra's eastern Vidarbha region, the Supreme Court last month ruled that such lands should be considered as 'forest' lands. On May 22, the top court provided clarity on the usage of Zudpi lands, saying they cannot be converted without prior approval from the central government, and only after complying with the conditions laid down by the court. An official report referred to by the court says Zudpi is a Marathi word that literally translates to bushes or shrubs, and Zudpi land means an inferior type of unoccupied land with bushy growth. The term was used for all wastelands that were not occupied by individual farmers for cultivation and other purposes. According to the report, Zudpi jungle lands are peculiar to six districts of eastern Vidarbha (Nagpur division) – Nagpur, Chandrapur, Gadchiroli, Bhandara, Wardha, and Gondia – and have been used for non-forest purposes for the past several decades. These lands, traditionally used for grazing, were classified as Gairan under the Maharashtra Land Revenue Code, 1966. For decades, legal status uncertain Vidarbha's Zudpi lands remained in a legal limbo for decades due to administrative lapses, inconsistent government actions, and contrasting interpretations of India's forest laws. Initially vested with the Revenue Department, these lands were used for development, public amenities like schools, health centres, water pipelines, burial grounds, and for allotment to landless farmers. They were also used for infrastructure projects, including railways, defence, and irrigation. After the reorganisation of states in 1960, similar lands elsewhere in Maharashtra were recorded as Gairan or Gurcharan. However, in Vidarbha, they continued to be classified as 'Zudpi Jungle' due to bureaucratic inaction. The Forest (Conservation) Act, 1980 (FCA) prohibited diversion of forest land without the Centre's approval. However, in November 1987, the Maharashtra government issued an order declaring Zudpi lands as 'scrub forests' that would not attract the provisions of FCA, and handed them to the Revenue Department for afforestation and grazing purposes. This 1987 Government Order was challenged by the Bombay Environmental Action Group (BEAG) before the Nagpur Bench of the Bombay High Court. While this plea was pending, the Centre in February 1992 changed and relaxed its earlier position. It clarified that Zudpi Jungle would continue to be treated as 'forest lands' under the FCA; however, for the part of Zudpi lands that were used for non-forest purposes, the state government shall make a proposal to the Centre seeking its approval under the FCA. Taking a cue from the Centre's decision, the Maharashtra government in 1994 withdrew its 1987 order. With these changing positions, ambiguity prevailed until the Supreme Court's December 12, 1996 judgment in the 'TN Godavarman Thirumulpad' case, which stated that Zudpi lands would also be treated as 'forest lands' under the FCA. In 1998, a High-Powered Committee appointed by the state government recommended that 92,115 hectares should be declared protected forests and 86,409 hectares that were unfit for forest use should be de-notified. Eight years ago, the state government again pushed to denotify Zudpi jungle lands. In 2019, the Maharashtra government, through the Divisional Commissioner, Nagpur, filed an interim application and sought the SC's approval to exclude the latter category of land from the purview of FCA. The SC formed a Central Empowered Committee (CEC), which filed its first report after site visits. Since some issues were yet to be resolved, the SC last year sought another report from the CEC. This report formed the basis of the SC's May 22, 2025 verdict. GOVERNMENT: The Maharashtra government argued that Zudpi lands were never forest lands, and due to the reorganisation of states and the inaction of certain officials, the revenue records were never corrected. As such, these lands continued to be erroneously described as Zudpi lands in revenue records. The state argued that denying it relief would lead to 'grave and irreparable damage' to lakhs of citizens, and would stall several projects. INTERVENER: Environmentalist Prasad Khale, intervener in the case, however, argued that de-notifying these lands would degrade healthy forests and disrupt wildlife corridors. He submitted that the 2025 CEC report had ignored ecological concerns, including those of wildlife corridors and the protection of scrub forests, which should not be used for non-forest activities. SC directives strike a balance The Bench of Chief Justice of India (CJI) Bhushan R Gavai and Justice Augustine Masih said that it could arrive at a solution to 'balance the rights of the citizens at large on one hand and the interest of the environment on the other hand' due to the efforts made by the CEC. The SC recognised that a large number of Zudpi lands in Nagpur city alone had public utilities such as the High Court building, defence buildings, state secretariat, graveyards, etc. It said citizens residing on these lands for years, or farmers could not be deprived of their residence or livelihood. Therefore, the Supreme Court held that Zudpi jungle lands would be treated as forests, but made exceptions for lands allotted for non-forest use before December 12, 1996. For such lands, where classification (purpose) hadn't changed, the state would be required to obtain the Centre's approval under Section 2 of the FCA for their deletion from the list of forest areas. The court said the Centre shall consider proposals without imposing compensatory afforestation conditions, and should not seek deposition of Net Present Value (NPV) levies. The court directed the Centre and the state to consult and finalise a proposal format within three months with prior approval of the CEC. For post-December 12, 1996 allotments of Zudpi lands, the Centre shall process proposals only after ascertaining reasons and ensuring action against the officers who took allotment decisions in violation of the SC's directions. Special Task Forces in each district will remove encroachments made after October 25, 1980, within two years. All commercial allotments post-October 25, 1989, are to be treated as encroachments. The court clarified no land may be diverted to non-government entities after scrutiny. The Revenue Department must transfer remaining Zudpi lands to the Forest Department within a year, which are to be used for compensatory afforestation. Other Zudpi lands will not be allowed for compensatory afforestation unless certified by the Chief Secretary. Benefitting the state's development plans The verdict has in some ways paved the way for infrastructure and other development works that the state government plans to undertake on certain tracts of lands, after obtaining approval from the central government. Chief Minister Devendra Fadnavis welcomed the ruling, calling it a boost to Vidarbha's stalled development. The CEC will monitor the transfer of forest land, as directed by the SC. States and Union Territories have been directed to reclaim possession of such lands from occupiers and hand them over to the Forest Department. The SC had said that if reclaiming possession is not in the public interest, the state/UTs shall recover land costs from occupiers and use them to develop forests.
Time of India
5 days ago
- General
- Time of India
Rural Police Seize Sand Worth Over ₹1.56 Crore
Nagpur: In a coordinated crackdown across Bhiwapur, Umred, and Ramtek, Nagpur Rural Police seized illegally mined sand worth Rs 1.56 crore and arrested four individuals involved in smuggling operations. One driver fled the scene, leaving behind a sand-laden vehicle. In Bhiwapur, police acted on a tip-off and intercepted two tippers near Panjrepar Shivar on the Bhiwapur-Umred road. A 10-wheeler and a 16-wheeler truck were found carrying a total of 16 brass of illegal sand valued at Rs85.8 lakh. The drivers, Ashish Eknath Meshram, 22, and Krishna Baburao Raut, 31, were arrested on the spot. Investigations revealed the sand was extracted from Shivnada Ghat under instructions from the vehicle owners, Dinesh Manohar Savarbanghe and Chetan Telang. In Umred, two more tippers were seized from Thana Shivar based on similar intelligence. The drivers, Satyakumar Satyanarayan Ganzu, 31, and Mohammad Kalam Yunus Khan, 36, were both arrested. The sand, totaling 12 brass, was worth ₹30.6 lakh. The vehicles were linked to Sameem Ansari Bakrid Ansari, a resident of Bahadura Road, Nagpur. Meanwhile, at the Ghotitok checkpoint in Ramtek, a tipper loaded with 8 brass of sand worth ₹40.24 lakh was abandoned by its driver after he was signalled to stop. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Promoções imperdíveis de voos baratos Voos | Anúncios de Pesquisa Saiba Mais Undo The police seized the vehicle and have launched a manhunt to trace the absconding suspect. Across all three cases, criminal charges have been filed under Section 303(2) of the BNS, Sections 48(7) and 48(8) of the Maharashtra Land Revenue Code, Sections 4 and 21 of the Mines and Minerals Act, and under other relevant provisions. These back-to-back actions reflect the growing commitment of Nagpur Rural Police to curb illegal mining and environmental violations in the region.
Time of India
29-05-2025
- Business
- Time of India
Maha Govt Waives Registration Fees for Farm Land Partitions to Ease Farmers' Burden
Nagpur: In a landmark decision aimed at alleviating the financial burden on farmers and preventing disputes over agricultural land, the Maharashtra cabinet has approved the waiver of registration fees for partitioning farmland. The decision, taken during Tuesday's state cabinet meeting in Mumbai, was based on a proposal by the revenue department. Until now, the registration fee for property transactions in Maharashtra — including farmland and non-agricultural properties — was uniformly charged at 1% of the property's value, capped at Rs30,000. While the stamp duty for agricultural land was already a nominal Rs100, the registration fee still applied, discouraging many farmers from formalising the partition of their land. This reluctance often led to unclear ownership and subsequent legal battles within families. In a statement, revenue minister Chandrashekhar Bawankule said the registration fees were causing an unnecessary financial burden on farmers, and many avoided registering their partition deeds, leading to disputes and hardships later. "By waiving this fee under Section 85 of the Maharashtra Land Revenue Code, 1966, we are ensuring farmers can secure their ownership rights without financial strain." by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Book Your Daily Profit By 11 AM With This Superclass By Mr. Bala TradeWise Learn More Undo The govt expects this move to increase the number of registered partition deeds for agricultural lands, which will help formalise ownership records and reduce conflicts. "This will accelerate the process of land record documentation, benefiting not just the farmers but also rural governance and planning," Bawankule added. Officials estimate that the decision will lead to an annual revenue loss of Rs35–40 crore for the state, but they argue that this is a small price to pay for the long-term benefit of farmers' peace of mind and legal clarity. "The waiver will ensure farmers and their families are spared from financial and mental distress arising from unregistered land partitions," Bawankule emphasised. The decision is being widely welcomed by farmer groups and rural development advocates, who see it as a crucial step towards reducing litigation and improving the lives of farmers across the state. BOX # Key Points at a Glance: - Decision: Registration fee for partitioning agricultural land waived - Previous Fee: 1% of property value (max Rs30,000) - Stamp Duty: Rs100 nominal for agricultural land # New Rule: No registration fee for farmland partitions under Section 85 - Expected Revenue Loss: ₹35–40 crore/year # Expected Impact: - Boosts registration of partition deeds - Reduces land disputes - Eases financial burden on farmers - Supports clear ownership documentation # Who Benefits? - Around 70 lakh farming families in Maharashtra - Strengthens rural governance and property record systems # Minister's Take: "By waiving the registration fee, we're giving farmers relief and protecting their rights." – Chandrashekhar Bawankule
Indian Express
22-05-2025
- Politics
- Indian Express
Supreme Court declares Zudpi jungles in Vidarbha as ‘forest lands'
The Supreme Court on Thursday held that the Zudpi jungle (shrub forest) lands in Vidarbha region of Maharashtra shall be considered as 'forest lands' and said their conversion cannot be undertaken without prior approval from the central government. The SC also told the state government and the Centre to jointly formulate a plan to process proposals for diverting such land for non-forest purposes over the next three months. The top court said that 'due to peculiar circumstances', as an exceptional measure — not to be treated as a precedent — Zudpi lands allotted by competent authorities up to December 12, 1996 (the date of the T N Godavarman judgment) may be considered for deletion from the 'list of forest areas'. However, this would apply only where land classification remained unchanged, and subject to approval to state government's proposal under the Forest (Conservation) Act (FCA), 1980. As per state's report, Zudpi lands, traditionally used as grazing areas and referred to as Gairan under the Maharashtra Land Revenue Code, 1966, are bushy tracts considered unsuitable for forest management. The court passed a judgement on a batch of pleas, including the state government's application seeking direction that the 86,409 hectares of Zudpi lands are unfit for forest management and that they do not come under the purview of FCA. A bench of Chief Justice of India (CJI) B R Gavai and Justice Augustine Masih directed the Maharashtra government to submit a consolidated proposal for each district. The bench led by CJI Gavai said that it could arrive at a solution to 'balance the rights of the citizens at large with the interest of the environment' due to efforts made by the court-ordered Central Empowered Committee (CEC). It directed that the Centre shall consider and approve such proposals by state without imposing any condition for compensatory afforestation or depositing Net Present Value (NPV) levies. The SC directed the Central and state governments to mutually consult and avail prior approval of CEC, so as devise a format for processing the proposal of diversion of Zudpi Jungle land for non-forestry activities within a period of three months. Welcoming the decision, Maharashtra Chief Minister Devendra Fadnavis said, 'It is indeed a landmark and historic decision and I wholeheartedly thank the CJI. The SC order will be a huge boost to development of Vidarbha, which was stalled for the last several decades as Zudpi jungle came under the reserved forest category. Though SC order paves the way for development, it also has put certain terms and conditions which are necessary to ensure perfect balance between the development and environment.' The state government, through Nagpur Divisional Commissioner, claimed that Zudpi lands from six districts of eastern Vidarbha, including Nagpur, Chandrapur, Gadchiroli, Bhandara, Wardha and Gondia (which were erstwhile part of Central provinces), have been used for various non-forest purposes for the past several decades. Advocate Siddharth Dharmadhikari for the state argued that due to reorganisation of states and inaction of certain bureaucrats, the revenue records were not corrected and such parcels erroneously continued to be Zudpi forest lands. He said the denial of relief would cause 'grave and irreparable damage to lakhs of citizens' and several projects will remain stuck. However, senior advocate Madhavi Divan, representing intervenor Prasad Khale argued that allowing de-notification of Zudpi forest lands would lead to degradation of healthy forests. Justice Gavai observed that large chunks of Zudpi jungle have been utilised for residential or agricultural purposes, government offices, public utilities such as schools and primary health centres and defence services among others. 'Citizens who are residing in the houses built on these lands for decades cannot be permitted to be dishoused. The agriculturists who have been allotted lands for their livelihood in order to give effect to the promise of social and economic equality to the citizens of this country cannot be deprived of their livelihood at this stage. The citizens cannot be deprived of public amenities which are essential for living in their day-to-day life in a dignified manner,' the bench noted. The SC said that the central government shall process state's proposals regarding allotments of Zudpi land made after 1996, ensuring that punitive action has been taken against the concerned officers who took the decision in violation of SC order. The court also directed the state to declare all un-allotted 'fragmented land parcels (with area less than 3 hectares and not adjoining any forest area)' as 'protected forests'. It told the district authorities to ensure no further encroachments, failing which, the concerned Sub-Divisional Magistrates (SDMs) will be held responsible. The SC ordered Special Task Forces in each district to remove encroachments made after October 25, 1980 (after FCA came in force), within two years. It said that after the scrutiny under FCA of state's proposal for diversion non-forest use, the lands shall not be diverted to any non-governmental entity. The SC directed the state revenue department to hand over possession of remaining area from the 7.76 lakh hectares, if any, to forest department within a year and the said land be utilised only for the purpose of compensatory afforestation. The court asked the CEC to monitor progress of the transfer of the forest land and said that the other Zudpi lands will not be allowed for compensatory afforestation unless the Chief Secretary certifies non-availability of non-forest land for the same.
Time of India
12-05-2025
- Time of India
Tehsildar fires four rounds in air after illegal sand lifters try to attack revenue department employees in Jalna
Chhatrapati Sambhajinagar: In a significant incident near Shahagad village in Ambad taluka, tehsildar Vijay Chavan discharged four rounds in the air when sand mafia members attempted to assault revenue department workers with a tractor on Sunday morning. The confrontation took place around 7am along the Godavari riverbed, within the jurisdiction of Ambad's Gondi police following the shooting incident, the accused approached the Gevrai police station to file a complaint against the tehsildar. The Jalna police then confiscated the weapon and forwarded it for forensic process of establishing the sequence of events required nearly six hours and necessitated involvement from senior Jalna police officers and district administration. Subsequently, authorities filed an FIR incorporating sections 303 (2) (theft), 132 (assault or criminal force to deter a public servant from performing their duty), and 3 (5) (common intention) against the sand mafia members. Additional charges under the Mines and Minerals (Development and Regulation) Act, 1957, and Maharashtra Land Revenue Code, 1966, were also to Ambad SDPO Vishal Khambe, police teams are pursuing the suspected sand mafia members. Senior police officials also questioned the revenue department's decision to conduct operations without informing the local police. Revenue officials justified their actions, noting that the area's police station in-charge was unavailable due to told TOI, "We even dialled 112 to seek police assistance but we did not get any until we raised the issue with the higher-ups in the police department." He said his revenue team reached the riverbed to address illegal sand extraction activities. From Shahagad bridge, Chavan noticed approximately 15 individuals loading sand into three tractors, who fled upon seeing the the team attempted to detain one tractor driver, he assaulted a team member and tried to escape. During pursuit, the accused attempted to strike the tehsildar with the tractor. Simultaneously, several men carrying sticks approached and threatened Chavan, making additional attempts to strike response, Chavan discharged four rounds in the air using his licensed personal firearm, causing the accused to retreat. Authorities identified one tractor driver from Gevrai in Beed district. Three unidentified accomplices escaped with one tractor, while the revenue team seized two tractors and trolleys, valued at Rs 11.1 lakh.
