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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
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
17-05-2025
- Politics
- Time of India
No construction of Pune's Balbharati-Paud Phata Road till Supreme Court's decision on inspection report: Apex Court panel to state
1 2 3 4 5 6 Pune: The Supreme Court-constituted Central Empowered Committee in a letter on Friday requested the Maharashtra chief secretary to ensure that no construction is carried out in " deemed forest " area as its report on the proposed Balbharati-Paud Phata Road is pending consideration before the apex court. "The matter is under consideration by the Hon'ble Supreme Court . It is requested that no construction work is carried out in 'deemed forest' in violation of the Hon'ble Supreme Court's judgment in the T N Godavarman vs Union of India & Ors. Case (1996) and subsequent orders, and Rule 16 (1) of the Van (Sanrakshan Evam Samvardhan) Rules, 2023," stated the letter by CEC chairman Siddhanta Das. The letter came in response to a representation by Sumita Kale and others from the Vetal Tekdi Bachav Kruti Samiti (VTBKS) that sought the committee's intervention to prevent "serious environmental destruction of the forest and hill slope on Vetal hill" for the construction of the (2.1km) Balbharati-Paud Phata Road by Pune Municipal Corporation (PMC). As a planning authority, PMC has proposed the Balbharati-Paud Phata Road with an objective to decongest the traffic from Balbharati to German Bakery Law College, Aathle Chowk and Paud Phata. Environmental activists have been opposing the plan for years now on the grounds that the proposed road would be no solution to resolving the traffic congestion but would only cause huge environmental harm to the hill. On March 2, 2024, Kale and others had approached the Supreme Court-constituted Central Empowered Committee with a plea to stop construction of the proposed road. The committee then deputed its member, Sunil Limaye, to assess the situation on ground and get first-hand information and views about the Balbharti-Paud Phata Road from all stakeholders. A joint meeting of the applicants, project proponent (PMC) and the forest department was held on April 5, 2024, and followed by two site inspections on April 12, 2024, and April 15, 2024. Based on a detailed note by Limaye about the assessment exercise, the Central Empowered Committee member secretary, Banumathi G, placed a report on Sept 19, 2024, before the Supreme Court and the same is pending final decision by the court. TOI on Friday made calls and sent a message to state chief secretary Sujata Saunik seeking her response on the matter. However, there was no response till the time of going to press. Aniruddha Pawaskar, head of the PMC's road department, told TOI: "We are waiting for an official copy of the Central Empowered Committee letter and our administration will take a call on future course of action after due legal consultation. We will follow the Supreme Court's directives in the matter." The Central Empowered Committee report to the Supreme Court has elaborated in details various aspects of the issue and concluded, among other things, that constructing the Balbharati-Paud Phata Road Road "will not be a permanent solution to the present problem" and that construction of the proposed road shall not be permitted to save the forest and biodiversity of the area. It stated: "It is a principle proven multiple times world over that more roads do not give permanent solutions to traffic problems. In fact, they lead to more vehicles on the roads which again results in larger traffic congestion." The report has suggested a slew of alternatives and the need to provide an efficient and adequate public transport system, requisite traffic management and good last mile connectivity with mass transit systems. VTBKS member Prajakta Divekar said: "We hope the state govt actively protects Vetal Tekdi as the natural heritage of Pune in the wake of the Central Empowered Committee report." Pune: The Supreme Court-constituted Central Empowered Committee in a letter on Friday requested the Maharashtra chief secretary to ensure that no construction is carried out in "deemed forest" area as its report on the proposed Balbharati-Paud Phata Road is pending consideration before the apex court. "The matter is under consideration by the Hon'ble Supreme Court. It is requested that no construction work is carried out in 'deemed forest' in violation of the Hon'ble Supreme Court's judgment in the T N Godavarman vs Union of India & Ors. Case (1996) and subsequent orders, and Rule 16 (1) of the Van (Sanrakshan Evam Samvardhan) Rules, 2023," stated the letter by CEC chairman Siddhanta Das. The letter came in response to a representation by Sumita Kale and others from the Vetal Tekdi Bachav Kruti Samiti (VTBKS) that sought the committee's intervention to prevent "serious environmental destruction of the forest and hill slope on Vetal hill" for the construction of the (2.1km) Balbharati-Paud Phata Road by Pune Municipal Corporation (PMC). As a planning authority, PMC has proposed the Balbharati-Paud Phata Road with an objective to decongest the traffic from Balbharati to German Bakery Law College, Aathle Chowk and Paud Phata. Environmental activists have been opposing the plan for years now on the grounds that the proposed road would be no solution to resolving the traffic congestion but would only cause huge environmental harm to the hill. On March 2, 2024, Kale and others had approached the Supreme Court-constituted Central Empowered Committee with a plea to stop construction of the proposed road. The committee then deputed its member, Sunil Limaye, to assess the situation on ground and get first-hand information and views about the Balbharti-Paud Phata Road from all stakeholders. A joint meeting of the applicants, project proponent (PMC) and the forest department was held on April 5, 2024, and followed by two site inspections on April 12, 2024, and April 15, 2024. Based on a detailed note by Limaye about the assessment exercise, the Central Empowered Committee member secretary, Banumathi G, placed a report on Sept 19, 2024, before the Supreme Court and the same is pending final decision by the court. TOI on Friday made calls and sent a message to state chief secretary Sujata Saunik seeking her response on the matter. However, there was no response till the time of going to press. Aniruddha Pawaskar, head of the PMC's road department, told TOI: "We are waiting for an official copy of the Central Empowered Committee letter and our administration will take a call on future course of action after due legal consultation. We will follow the Supreme Court's directives in the matter." The Central Empowered Committee report to the Supreme Court has elaborated in details various aspects of the issue and concluded, among other things, that constructing the Balbharati-Paud Phata Road Road "will not be a permanent solution to the present problem" and that construction of the proposed road shall not be permitted to save the forest and biodiversity of the area. It stated: "It is a principle proven multiple times world over that more roads do not give permanent solutions to traffic problems. In fact, they lead to more vehicles on the roads which again results in larger traffic congestion." The report has suggested a slew of alternatives and the need to provide an efficient and adequate public transport system, requisite traffic management and good last mile connectivity with mass transit systems. VTBKS member Prajakta Divekar said: "We hope the state govt actively protects Vetal Tekdi as the natural heritage of Pune in the wake of the Central Empowered Committee report."
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.
