Nagpur: Bringing curtains down on the protracted dispute surrounding the status of Zudpi jungle lands in Eastern Vidarbha region, Supreme Court on Thursday ruled that 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 unallotted 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.
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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 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 of the 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.
38 sites in Nagpur listed for land diversion
THE bench of the 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, measuring 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 in the Divisional Commissioner’s report, maximum land parcels are in the 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 bunglow are also listed.
