Bringing curtains down on the protracted dispute surrounding the status of Zudpi jungle lands in Eastern Vidarbha region, Supreme Court (SC), on Thursday, averred, they will be considered as Forest land. Similarly, the apex court limited utilisation of Zudpi jungle land for compulsory afforestation, stating — The same will be permitted on request by Chief Secretary that there is no other waste land available for the same. Another important aspect of the judgement is, the apex court outlawed any diversion of Zudpi jungle land for commercial purposes after October 25, 1980, and the same will be considered as encroachment. Similarly, Maharashtra Government was directed to declare all the unalloted fragments and land parcels (less than 3 Ha and not adjoining Forest Area) as “Protected Forests” under Section 29 of the Indian Forest Act, 1927. Giving the reasoning, the Supreme Court bench of Chief Justice Bhushan Gavai and Judge Augustine Masih said, the apex court’s judgement on December 12, 1996, had already defined and explained the term ‘forest’.

 

Also, the apex court directed Revenue Department of Maharashtra Government to hand over the possession of remaining area, if any, from the aforesaid area of 7,76,767.622 Ha (originally declared Zudpi jungle land) in its possession to the Forest Department. A period of one year has been granted for completing the transfer. The judgement will have huge ramifications for six districts of Nagpur Division, Nagpur, Wardha, Gondia, Bhandara, Chandrapur and Gadchiroli, to which the vexed issue of Zudpi jungle has been troubling since long. Though the Court widened the concept of forest and defined it clearly, it provided a way out to State Government to approach Central Government and seek clearance for development projects by following the laid down procedure under Forest Conservation Act (FCA), 1980. Further, prior diversion of Zudpi Jungle land before 1996 SC’s judgement have been condoned through the latest order.

 

The SC bench said, any diversion of Zudpi Jungle for any non-forestry purpose till December 1996 are treated as exception and thus exempt from any action. But any usage of land parcels of Zudpi Jungle for non-forestry purpose, however, would now need clearance from Central Government under relevant rules of the FCA. Supreme Court is seized of the troubled issue of Zudpi Jungle land since 1995 on the writ petition filed by T N Godavarman against Union of India as to Maharashtra Government stance of allowing diversion of Zudpi Jungle for non-forestry use. Subsequently, Maharashtra Government joined the original applicant and one Prasad Kahale also intervened in the case, the latest sought action against officials of State for allowing diversion of forest land without consent from Central Government.

 

The issue before the Supreme Court was a petition seeking direction to exclude 86,409 Ha of Zudpi land from preview of Forest Conservation Act, 1980, since the land was claimed to be unfit for forestry management. However, in 1996 judgement SC had put brakes on diversion of Zudpi Jungle land. In between, the apex court also formed the Central Empowered Committee (CEC) that studied the issue in detail and submitted its reports in two parts. Meanwhile, in the latest judgement, the CJI Gavai and Judge Maish directed State Government to submit consolidated proposal for each district for condonation of diversion of the Zudpi Jungle land under Section 2 of the FCA, 1980, in case the land classification are changed without the Central Government’s nod.

 

The nod is necessary for deletion of areas from the list of forest areas. Further giving a big relief to the State, the SC directed Union of India to consider and approve the proposal for diversion of forest land without imposing any condition for compensatory afforestation or depositing NPV levies. In case this exemption was not granted, then State would have had to pay hefty compensation amount that would have put strains on the financial resources. To the State Government, it was made clear that the proposal seeking deletion of Zudpi Jungle land should be site specific and same must have been allotted by competent authority.

 

Further, putting the State Government on notice, the bench said that the land use shall not be changed in the future under any circumstances and transfer is made only by inheritance and exclusion of violation prior to 1996 and its exception cannot be cited as precedent in future. Devise Format: Paving the way for settlement of the protracted issue, Supreme Court directed Union Government and Maharashtra State to devise a format for processing proposal of diversion of Zudpi jungle land. The two parties through mutual understanding decide a way of permitting non-forestry activities on Zudpi Jungle within a period of three months from the date of the judgement, and also consult CEC while deciding each case of diversion. Act on Violation: Though the Court allowed putting-up proposals for diversion of Zudpi Land post December 1996, State Government was directed to submit list of officers who made the decision and also give reason as to why same was done in violation of Court's order. Further Central Government while processing proposal for diversion should decide it only after ensuring that punitive action have been taken against offending officers. STF: Further it was directed to constitute 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 in each district to remove encroachments within a period of two years. These officers will have only one work, to remove encroachment, and State must ensure their services are not drafted for other official work.

 

Also, CEC is tasked with monitoring progress of transfer of Zudpi land to Forest Department. Though Zudpi land usage for afforestation in special cases is allowed, the Court said in such cases compensatory afforestation must be carried out on double the area of Zudpi Jungle land, as per the existing guidelines of the Ministry of Environment and Forest and Climate Change (MoEF&CC). As to taking back Zudpi or forest land diverted for commercial use, the Apex Court said in case same is not possible then State Government should recover cost of said land from the beneficiary institutions and the funds be used for forestation. K Parmeshwara was named amicus curiae and he was assisted by Ms. Kanti, M V Mukunda, Raji Gururaj and Shreenivas Patil. The State was represented by Sidharth Dharmadhikari while intervenor case was argued by Madhavi Dani.

 

 

 “The Supreme Court’s decision on Zudpi jungle is historic and revolutionary. It maintains a balance between development and environment. This decision will give a big boost to Vidarbha’s development. It has paved the way for giving ownership rights to slum-dwellers in Nagpur,” said Chief Minister Devendra Fadnavis while talking to mediapersons in Nagpur, on Thursday. Fadnavis said that, Vidarbha had been fighting for this for the last 45 years. “That fight achieved great success today. When Maharashtra was formed and Vidarbha was included in it, the Zudpi Jungle was in the revenue records. In Madhya Pradesh, we corrected our record and got forest status in the 1980 Act and due to this, the development of Vidarbha was stalled. Nagpur Railway Station or High Court building was considered as Zudpi Jungle as per the old record.

 

Therefore, there was a demand that relief should be given from this,” explained Fadnavis. An exception has been made for the lands that were allotted before 1996. A process has been devised regarding the lands allotted in 1996. Accordingly, the State Government can ask for those lands from the Centre. “Our most important demand was that exemption should be given to slum dwellers for granting ownership rights. There are many slums like Takiya, Chunabhatti, Ramabai Ambedkar Nagar in Jaitala, Ekatmata Nagar, Ambedkar Nagar in Wadi, which were not getting ownership rights. Those slums were coming under the concept of Zudpi Jungle. The decision has paved way for the slum dwellers getting ownership rights,” stated CM Fadnavis. “A committee was formed between 2014 and 2019 and its report was submitted to the Supreme Court. After that, the Supreme Court formed a CEC. In a way, the Supreme Court has accepted the report prepared by the State Government. The demand that all party leaders in Vidarbha had been making for 45 years has now been fulfilled. With this decision, about 70,000 to 80,000 acres of forest will have to be created. This is a historic and revolutionary decision that will strike a balance between development and environment,” elaborated Fadnavis. Maoism is now breathing its last breath. Basavaraju was a big leader of the Maoists in Chhattisgarh. An award of crores of rupees was on his head. Be it the attack on Chandrababu Naidu, the death of 75 CRPF personnel, or the murder of many leaders in Chhattisgarh, our security forces have eliminated him. We are determined to completely eradicate Maoism, asserted Fadnavis. 

 

 

 

The bench of Supreme Court headed by Chief Justice of India Bhushan Gavai and having Judge Augustine Masih has attached the report of the Central Empowered Committee (CEC) listing Zudpi jungle sites that are diverted for public purpose. It includes Police Headquarters at Takli, Dr Panjabrao Deshmukh Agriculture University (PDKV) vast open space in Lendra (Ramdaspeth), residential areas on NIT land (particularly slums), and Defence firing range in Gorewada. These land sites are in utilisation prior to December 1996 judgement of the apex court and as per directions Central Government would peruse and delete it from the list of reserve forest. In the order, the apex court said, the report of the Committee is listed for making necessary changes through simplified procedure through routing the application to Central Government under Forest Conservation Act, 1980.

 

The report is titled — Resolving Zudpi Jungle Land Issue: A Development Perspective’ and the Committee that drafted the report was chaired by Divisional Commissioner, Nagpur. Three land parcels in Jat Tarodi area, admeasuring 0.63, 0.35 and 0.11 Ha, one land bank of Dhantoli area having 0.05 Ha land, but major land parcels are of Agriculture University, plus Hadas High School land. The MSRTC Bus Stand, Mor Bhavan, it is spread over 0.47 Ha is also mentioned in the list. The 38 sites mentioned the Divisional Commissioner’s report, maximum land parcels are in name of NIT and this also include Maharajbag, Deekshabhoomi, ITI building on South Ambazari Road, and plenty of residential areas in Mouza Lendra area.

 

NIT’s swimming pool at Ambazari, Dharampeth High School, Ambazari garden, erstwhile railway line from Jaitala to Somalwada is also mentioned which however is being leveraged by NMC as land bank. Notably Air Force establishment at Vayusena Nagar that is listed under Hazaripahad area is also mentioned in the said list that would be forwarded to Central Government for condonation of diversion of Zudpi Jungle land. The famed CP Club, and PWD’s building Judges bungalow are also listed.