Supreme Court Ruling on Zudpi Jungle Lands in Maharashtra
The Supreme Court has classified Zudpi jungle lands in Vidarbha, Maharashtra, as "forest lands" and mandated that any conversion of these lands requires prior approval from the central government. This decision impacts over 86,000 hectares of Zudpi jungle lands in eastern Vidarbha, which have been in legal uncertainty for decades.
Background and Legal Context
- The expert panel suggested denotifying Zudpi lands as forest areas to facilitate development, but environmental activists opposed this, leading to legal intervention.
- The SC considered the "peculiar circumstances" and provided an exception for lands allocated for non-forest purposes up to December 12, 1996, noting the decision should not be treated as a precedent.
- Zudpi lands, traditionally used for grazing and termed Gairan, are not suitable for forest management under the Maharashtra Land Revenue Code, 1966.
Implications of the Ruling
- The Maharashtra government must seek approval under Section 2 of the Forest (Conservation) Act, 1980, for reclassification of pre-1996 Zudpi lands.
- The ruling affects public buildings on Zudpi lands in Nagpur, including the High Court and state secretariat.
- The SC directed punitive action against officials responsible for post-1996 Zudpi land allocations contrary to its orders.
Framework for Development
The Supreme Court has allowed the state government to propose a plan for using Zudpi lands for development within three months, requiring central approval. The court emphasized a balance between citizens' rights and environmental interests, facilitated by the Central Empowered Committee (CEC).
Government Response and Future Steps
- Maharashtra's Chief Minister praised the decision as a historic development opportunity while noting environmental safeguards.
- The state must submit district-specific proposals, with the Centre to approve without demanding compensatory afforestation or Net Present Value (NPV) levies.
- Special Task Forces are to remove post-1980 encroachments within two years, and Zudpi lands are restricted from non-governmental use.
Monitoring and Compliance
- The SC tasked the CEC to oversee the transfer of lands to the forest department for compensatory afforestation, directing that unallocated fragmented land parcels be declared as protected forests.
- Non-allotment of other Zudpi lands for compensatory afforestation is contingent on confirming non-availability of non-forest lands.