Maharashtra's Zudpi Jungle is Forest lands, no further encroachment to take place: Supreme Court
The Supreme Court of India has declared the Zudpi Jungle lands in the in the six districts of Eastern Vidarbha Region namely Nagpur, Wardha, Bhandara, Gondia, Chandrapur and Gadchiroli to be considered as Forest lands.
State of Maharashtra had approached the Supreme Court stating that though these lands have been recorded in the revenue records as Zudpi Forest lands, however, taking into consideration the historical perspective, it is clear that these lands are not forest lands and that for the past several decades these lands have been put to various non-forestry purpose like residential, agricultural, government offices, public schools, primary health centres etc.
Accordingly, a direction was sought that the Zudpi land, unfit for Forestry Management does not come under the purview of Forest (Conservation) Act, 1980.
Union Government and the State of Maharashtra have been asked, with mutual consultation and with prior approval of the CEC, to devise a format for processing the proposal of diversion of Zudpi Jungle land for non-forestry activities within a period of three months.
"We direct that the State of Maharashtra shall declare all the unallotted “fragmented land parcels” (each having an area of less than three hectare and not adjoining any forest area) as “Protected Forests” under Section 29 of the Indian Forest Act, 1927", the judgment adds.
CJI BR Gavai led bench has further asked the State of Maharashtra to issue directions to all the concerned Sub-Divisional Magistrates (SDMs) to ensure that no such land parcel is encroached upon hereinafter. A Special Task Force comprising of Sub-Divisional Magistrate, Deputy Superintendent of Police, an Assistant Conservator of Forests and a Taluka Inspector of Land Revenue of land records is also to be constituted in each district to remove encroachments within a period of two years.
The Revenue Department of the State of Maharashtra has been directed to hand over the possession of the remaining area, if any, from the forest area of 7,76,767.622 hectares, which is still in possession of the Revenue Department to the Forest Department, which shall be utilized only for the purpose of compensatory afforestation.
Case Title: IN RE: ZUDPI JUNGLE LANDS