Supreme Court Reserves 'Zudpi Jungle' Status As Forest Lands
‘Zudpi Jungle’ land in Maharashtra, Vidarbha region, will retain its historically recorded status as forests and remain protected under the Forest (Conservation) Act, 1980. The Supreme Court has delivered judgment concerning the status of 86,409 hectares of ‘Zudpi Jungle’ land of Maharashtra.
In its landmark 1996 judgment in the T.N. Godavarman Thirumulpad case, the Supreme Court ordered the protection of Zudpi Jungle under the FCA, 1980.
Zudpi Jungle is a type of land in eastern Vidarbha, Maharashtra, characterised by scrub and bush vegetation instead of tall trees. These lands were traditionally used by Adivasi communities for grazing, threshing, and community activities.
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The term ‘Zudpi Jungle’ came from the Central Provinces Grazing & Nisar Act, 1948, to describe lands with trees less than 4 years old and covered by shrubs, on soils unsuitable for large trees.
Now, CJI B R Gavai, while pronouncing the judgment, said that ‘Zudpi jungle lands will be considered forest lands’.
“We see that these Zudpi lands were earmarked for construction decades ago. We feel that if an adverse order is passed, a lot of government buildings and institutional buildings will have to be taken down if the CEC report is not accepted. We have explained the matter from the economic and social justice angle, relief on articles 38 and 39 of the Constitution, and say that DPSP and fundamental rights are two wheels of the same chariot”, CJI said.
In 2018, the state government denotify over 86,409 hectares of ‘Zudpi Jungle’ and also did away with the condition of compensatory afforestation for the diversion of land.
The six-member state-level committee headed by the then divisional commissioner Anoop Kumar recommended to construct the said land as revenue land and brought out from the FCA, 1980. The committee also said that the 86,409 hectare Zudpi land does not come under FCA provisions, and the 1996 orders do not apply to the said land.
The petition was filed against the transfer of Zudpi lands to different agencies without prior permission from the central government.
Also, the CJI directed the state of Maharashtra to seek approval under the Forest Conservation Act to seek deletion of the said land from the forest category, as a matter of exception. The court also asked the state government to ensure no further land use change and directed the union government to check the adherence by the Maharashtra government.
“We direct the state and union with mutual consultation and prior approval of CEC shall seek approval to divert the Zudpi jungle land for nonforest use”, the court said.
CJI also said, “We direct that all non-allotted fragmented lands not close to forests shall be declared as forest areas. It shall be ensured that no such land is encroached upon. As and when it is needed for nonforest purposes a proposal shall be submitted. It shall be never transferred to any non governmental entity.”
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The 86, 409 hectare Zudpi lands given to the revenue department were used by the government to develop schools, primary health centres, water supply, burial grounds, electric lines, bus stops, pachayat bhavans etc. These lands were also allowed for the construction of railway stations and post officies.
In 1961, at total of 6,55619 out of the total 9,23,913 hectare Zudpi Jungle transferred to Maharashtra was notified as protected forest. The remaining 2,68,294 hectares, 92,115 was found condusive for frestry management and 73,211 heactares was notified as Reserve Forest under Section 4 of Indian Forest Act, 1927.
Of the remaining 1,76,179 hectares, more than 89,768 was diverted for non-forestry activities up to 1992, which needs to be located. Reportedly, Judges bungalows, Deekshabhoomi, MLA Hostel, Ravi Nagar Colony, NIT headquarters are part of the said land.
