Zudpi Jungle lands retain forest classification under the Forest (Conservation) Act, 1980; socio-economic rights must be upheld in land use decisions, balancing ecological protection with community needs.

JUDGMENT :

B.R. GAVAI, CJI

I. INTRODUCTION

1. This batch of applications involves a peculiar issue concerning the situation prevailing in the six districts of Eastern Vidarbha Region namely Nagpur, Wardha, Bhandara, Gondia, Chandrapur and Gadchiroli. The issue pertains to the status of the parcels of lands known as Zudpi Jungle or Zudpi Forest in the aforesaid districts of State of Maharashtra.

2. The State of Maharashtra has approached this Court stating that though these lands have been recorded in the revenue records as Zudpi Forest lands, however, taking into consideration the historical perspective, it is clear that these lands are not forest lands and that for the past several decades these lands have been put to various non-forestry purpose like residential, agricultural, government offices, public schools, primary health centres etc. The Divisional Commissioner, Nagpur Division, State of Maharashtra accordingly has filed certain IAs being IA No.12465 of 2019 and IA No.98194 of 2019. The prayers in the first of the two IAs are thus:

“(a) Issue the directions that the 86409 ha. Zudpi land, unfit for Forestry Management does not come under the purview of Forest (Conservation) Act, 1980 and also does not attract the provisions of orders of 12.12.1996 issued by this Hon’ble Court in the present Writ Petition AND in light of the submissions made above, this Hon'ble Court may also be pleased to issue directions that the directions in order dated 13.11.2000 in Writ Petition No. 337/1995 are also not applicable in respect of 86409 ha. Zudpi land, unfit for Forestry Management in the State of Maharashtra;

(b) Pass such other or further orders as may be deemed fit and proper.”

3. One Mr. Prasad Khale has filed IA No.127871 of 2020 seeking intervention. Further, IA No.127874 of 2020 has been filed by the said intervenor seeking the following reliefs:

“a. Direct the State of Maharashtra to initiate departmental enquiry against the errant officers of the Forest Department and Revenue Department who have violated the provisions of the Forest Conservation) Act, 1980 by permitting Zudpi lands to be diverted for non-forest use and for allowing encroachments in the said areas.

b. Direct the State of Maharashtra to undertake necessary measures to restore the zudpi lands to its original condition, in cases where such lands have been illegally diverted without following the procedure laid down as per law.”

4. This Court, by its earlier orders, had directed the Central Empowered Committee (hereinafter, “CEC”) constituted under the orders of this Court, to submit its report.

5. Pursuant to the directions passed by this Court, two reports have bee