The judgement strikes a balance between the protection of the environment and the right to livelihood.
Key highlights of the Supreme Court judgement
- Zudpi Jungle a Forest: Zudpi jungle lands shall be treated as forest lands in line with its 1996 ruling.
- In T N Godavarman Thirumulpad v UoI (1996), the Court had expanded the definition of ‘forest’ under the Forest (Conservation) Act or FCA, 1980, and clarified that Act must apply to all forests irrespective of the nature of ownership or classification thereof.
- One-Time Exemption for Pre-1996 Allotments: The exception was made considering public interest as the land also consists of government buildings, homes, schools, etc.
- However, the court mandated the state to get approval under the FCA from the Centre.
- Land use cannot change, and transfers are allowed only by inheritance.
- Accountability for Post-1996 Allotments: For allotments after 1996, the State government must explain the reason and name the responsible officers.
- The Union will process proposals only after action is taken against those officers under the Forest Act.
- Unallotted Lands to Be Protected: All fragmented land parcels (having an area of less than three hectares and not adjoining any forest area) must be declared as Protected Forests.
- Approval under FCA is required for non-forest use, and the land cannot be diverted to any non-governmental entity.
About Zudpi Jungles
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