The Supreme Court has declared illegal the allotment and sale of 11.89 hectares of Reserved Forest land in Kondhwa Budruk, Pune, initially granted to a private family and later sold to a housing society. The Court's bench, comprising Chief Justice BR Gavai, Justice Augustine George Masih, and Justice K Vinod Chandran, found that the entire process violated the Forest (Conservation) Act, 1980.
Read Also:- Recusal of Judges Is Their Discretion, Guidelines Under Article 142 Not Feasible: Supreme Court
The case highlighted how a nexus of politicians, bureaucrats, and builders facilitated the illegal conversion of forest land for commercial use. The Court emphasized this, stating,
“The present matter is a classic example as to how the nexus between the Politicians, Bureaucrats, and the Builders can result in the conversion of precious Forest Land for commercial purposes under the garb of resettlement.”
Originally allotted to the 'Chavan Family' in 1998 for agricultural use, the forest land was transferred to Richie Rich Co-operative Housing Society (RRCHS) in 1999. Shockingly, the Court noted that deals had been made with RRCHS even before the land was officially allotted to the Chavan Family, revealing a front arrangement to bypass legal procedures.
Read Also:- Denial of Farewell to Justice Bela Trivedi: BCI Urges SCBA and SCAORA for Official Send-Off
The Supreme Court found that the land allotment was carried out without the necessary approval from the Central Government, violating Section 2 of the Forest (Conservation) Act, 1980. Despite the Forest Department's objections, the then Revenue Minister proceeded with the allotment, which the Court criticized as a breach of public trust.
“We have no hesitation in holding that the then Minister for Revenue, Government of Maharashtra, and the then Divisional Commissioner, Pune have acted totally in breach of public trust to illegally cause gain to private individuals at the cost of sacrificing precious Forest Land,” the Court observed.
The Court also canceled the environmental clearance granted to RRCHS in 2007 for constructing “Raheja Richmond Park,” a residential, shopping, and IT complex. It ruled that the land, classified as Reserved Forest in 1879, remained forest land despite attempts to reclassify it in revenue records.
To prevent similar incidents, the Supreme Court issued the following nationwide directions:
Read Also:- Delhi High Court Upholds ITBP Medical Fitness Standards: No Parity With Other Forces
- Formation of SITs: Chief Secretaries of all States and Administrators of Union Territories must establish Special Investigation Teams (SITs) to investigate illegal allotment of reserved forest land.
- Reclamation or Compensation: States and UTs must reclaim illegally allotted forest lands. If reclaiming is impractical, they must recover the value of the land from beneficiaries, with funds used for forest development.
- Special Teams for Enforcement: States and UTs should form dedicated teams to ensure land transfers are completed within a year.
- Afforestation Only: Reclaimed lands must be used exclusively for afforestation, ensuring forest conservation.
The Supreme Court has ordered that the disputed land in Pune, currently under the Revenue Department, be handed over to the Forest Department within three months, ensuring that forest lands are protected from illegal exploitation.
Case no. – Writ Petition (C) No. 202 of 1995
Case Title – In Re: T.N. Godavarman Thirumalpad v. Union of India & Ors. (In Re: Construction of Multi Storeyed Buildings in Forest Land Maharashtra)
