Supreme Court: Forest land worth Rs 15K crore belongs to Telangana

Mir Jaffar Ali Khan (since deceased), represented by his legal heirs, had claimed that the land was inherited from Salar Jung III.
A view of the Supreme Court of India in New Delhi.
A view of the Supreme Court of India in New Delhi.(File photo | ANI)
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HYDERABAD: The Supreme Court on Thursday brought to an end a dispute spanning more than a decade over 102 acres of land in the Gurramguda forest block of Rangareddy district, ruling that the land belongs to the Forest department.

The land, located in Survey No. 201/1 of the Gurramguda Forest Block in Hayathnagar mandal, is valued at around Rs 15,000 crore at current market rates.

The appeals before the apex court arose from competing claims over the land by the state and private parties tracing their title to the estate of Nawab Yousuf Ali Khan, popularly known as Salar Jung III of the erstwhile Hyderabad State.

Mir Jaffar Ali Khan (since deceased), represented by his legal heirs, had claimed that the land was inherited from Salar Jung III. A connected appeal was filed by Aga Syed Naimath Ullah Shustri, asserting an independent title over the same land.

Jaffar Ali Khan had earlier approached the Forest Settlement Officer (FSO), seeking exclusion of the 102 acres from a proposed reserved forest, claiming it as Arazi-Makta, or self-acquired land, of Salar Jung III, allegedly traceable to a sale deed in favour of Saheb Begum Saheba.

The FSO rejected the claim in 2010, holding the land to be government property. That order was set aside on appeal by the IX Additional District Judge, Rangareddy, who remanded the matter.

On remand, the FSO, by an order dated October 1, 2014, accepted the claim and recommended exclusion of the land from forest notifications issued under Sections 4 and 6 of the Forest Act.

The Forest department’s appeal was dismissed by the Principal District Judge, Rangareddy, in September 2016.

The Telangana High Court, in January 2023, declined to interfere under Article 227, upheld the findings of the FSO and the district judge, and held that the claim was not barred by limitation as no final notification had been issued.

Before the Supreme Court, the state argued that following the Hyderabad (Abolition of Jagirs) Regulation, 1358 Fasli, all jagir lands vested in the state, with jagirdars entitled only to commutation. It contended that Arazi-Makta constituted a minor inam under the Telangana Abolition of Inams Act, 1955, and could not be treated as private self-acquired property.

A bench comprising Justice SVN Bhatti and Justice Pankaj Mithal accepted the state’s submissions. The court held that the FSO’s powers under Section 10 of the Forest Act were limited to a summary inquiry and did not extend to adjudicating disputed titles.

It found inconsistencies in the documents relied upon by the claimants, noted long-standing government possession since the early 1950s, and held that such possession had matured into title by adverse possession. The court also relied on earlier binding precedents which held that post-abolition orders could not confer title to immovable property.

Allowing the state’s appeal, the Supreme Court declared the land to be government property and held that forest reservation proceedings had been validly initiated.

Taking note of the pendency of forest notification since 1971 and the reduction of green spaces around Hyderabad, the court directed the chief secretary to complete proceedings under Section 15 within eight weeks and submit a compliance report. The appeal was allowed without costs.

at a glance

  •  Disputed land of 102 acres worth around `15,000 crore in the Gurramguda forest block

  •  Supreme Court rules the land belongs to the Forest department

  •  Claims were made by legal heirs of Mir Jaffar Ali Khan, citing inheritance from Salar Jung III

  •  A separate claim was filed by Aga Syed Naimath Ullah Shustri

  •  Land was claimed as Arazi-Makta, or self-acquired land, of Salar Jung III

  •  Court held that jagir lands vested in the state after abolition

  •  Claimants’ documents contained inconsistencies

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