SC allows regularisation of pre-1996 encroachments on Zudpi Jungle lands

 

 

 

 

The Supreme Court of India has allowed a one-time exemption for encroachments made before December 12, 1996 on about 10,365 hectares of Zudpi Jungle land in Maharashtra, mostly in the Vidarbha region. These lands are currently being used for agriculture, houses, slums, schools, Government colonies and other public utilities. The court has passed the order while hearing an application filed by the State Government. The matter was part of the long-standing T N Godavarman Thirumulpad vs Union of India case relating to forest protection. The Maharashtra Government requested two changes in the earlier Supreme Court judgement delivered on May 22, 2025, including use of fragmented land parcels and regularisation of encroachment.

 

The State Government had urged the court to protect such lands and stated that people have been living and farming there for years, but proper revenue records were not maintained due to negligence of Revenue officials. The court agreed with this plea and also noted that the Central Empowered Committee (CEC) had recommended protection for these structures. The order makes it clear that the exemption covers agricultural use, kuccha and pakka houses, slums, Government employees’ colonies, Zilla Parishad schools, private schools and other public facilities.

 

At the same time, the court clarified that any encroachments made after December 12, 1996 will not be covered under this relief. Such cases can only be considered for regularisation by following the conditions and procedures laid down in the earlier May 2025 jjudgement. The State had asked that fragmented land parcels of less than three hectares, which are not adjoining any forest area, should not be declared as protected forest. Instead, the Government wanted permission to use them for purposes under the Forest Rights Act, 2006 or for public needs like village and grazing land. However, the Supreme Court rejected this plea.

 

The bench of Chief Justice B R Gavai and Justice Augustine George Masih said that such land parcels must be declared as protected forest. At the same time, the court clarified that if the State wants to use them for purposes listed in Section 3(2) of the Forest Rights Act, 2006, it can do so only by following the legal procedure and conditions laid down in the Act.