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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.
Hindustan Times
16-05-2025
- Politics
- Hindustan Times
Supreme Court orders restoration of forest land in Pune's Kondhwa area
In a landmark ruling, the Supreme Court has ordered the restoration of 29 acres and 15 gunthas (one guntha is equal to 1,089 square feet) of reserved forest land in Pune's Kondhwa Budruk illegally allotted and diverted for construction purposes. The apex court in its ruling on Thursday declared the allotment and all subsequent transactions and developments on the land as void, citing a clear violation of the Forest (Conservation) Act, 1980. The verdict comes in response to a petition filed in 2007 by Nagrik Chetna Manch, a citizens' group. The petition challenged the 1998 allotment of the forest land to members of the Chavan family, which was later sold to Richie Rich Cooperative Housing Society (RRCHS) for a multi-storey residential project. The court found that the land had been notified as reserved forest in 1879 and remained so in official records. No valid de-reservation process had been undertaken after 1934. The apex court 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. In its order dated May 15, the Supreme Court noted that a recommendation by the divisional commissioner in 1994 acknowledged that the Chavan family was cultivating only three acres and 20 gunthas of the land. Despite this, he recommended allotment of the entire parcel and further opined that prior approval from the central government was not necessary—despite admitting that the land was classified as reserved forest. The then revenue minister justified the allotment on the grounds that the land had been continuously used for agriculture, claiming the Forest (Conservation) Act, 1980, did not apply. Following this, the collector issued an allotment order on August 28, 1998, with the condition that the land could only be used for agriculture and not transferred without prior approval. However, in October 1999, the divisional commissioner granted permission to the Chavan family to sell the land to Aniruddha P Deshpande, chief promoter, RRCHS, for residential development. Over the next few years, multiple permissions were granted—by the district collector in 2005, Pune Municipal Corporation (PMC) in 2006, and the ministry of environment and forests in 2007, which approved environmental clearance for 'Raheja Richmond Park' with buildings comprising residential, shopping, and offices, spaces for IT businesses. After the petition was filed, the Supreme Court directed the Central Empowered Committee (CEC) to investigate the matter. During the proceedings, a 2024 CID (Criminal Investigation Department) report revealed that land records submitted to the court from the Bombay Archives claiming de-reservation were fabricated. After reviewing the CEC's findings and hearing both sides, the court directed cancellation of the original allotment and all transactions with RRCHS. It further ordered restoration of the land to the forest department and recommended prosecution of those involved—including the then revenue minister, the divisional commissioner, and other officials. The court also called for a special investigation team (SIT) to examine similar cases of forest land allotment in Pune district. Environmental experts have hailed the verdict as a significant precedent for forest conservation and enforcement of environmental laws. It reinforces the doctrine of public trust and the primacy of the Forest (Conservation) Act. 'This is a significant judgment by the Supreme Court—not only for Pune or Maharashtra, but for the entire country,' said Mahadev Mohite, deputy conservator of forests, Pune Forest Department. 'Forest land across India currently under revenue department control will now be eligible for return to forest departments. In Maharashtra alone, nearly 1.5 lakh hectares of forest land is with the revenue department. In Pune district, it's around 14,000 hectares. The verdict paves the way for reclaiming those lands and bringing them under afforestation and related activities,' he said.
