In a clear indication that environmental issues will be dealt with the gravitas they deserve, the Supreme Court this week pronounced three crucial directives that will go a long way in preventing misuse of forest land. In the first order, an SC bench led by Chief Justice B R Gavai declared that the 1998 transfer of about 12 hectares (30 acres) of reserve forest land in Pune's Kondhwa Budruk area was "totally illegal". The land, ostensibly allotted to a private person for agriculture purposes, was first de-reserved and later sold to a builder to develop a housing project.
The SC ordered that the land be handed over to the Maharashtra forest department within three months. According to Section 2 of the Forest (Conservation) Act 1980, no forest land can be de-reserved or used for any non-forestry purposes without the Central government’s permission.
Second, ruling in the same case, the court directed all states and Union territories to set up special investigation teams to probe if any reserved forest land in the possession of the revenue department was allotted to any private parties for non-forestry purposes. The SITs must be formed within a year and such lands must be handed over to the forest department, the bench, also comprising judges Augustine George Masih and K Vinod Chandran, ruled. If taking back possession of such land would not be in the larger public good, then the government must recover the cost of the land from the parties to whom the land was allotted, the order said. The money thus collected should only be used for afforestation, it added.
In the third decision, the court rapped the Telangana government for felling hundreds of trees in the Kancha Gachibowli forest near the University of Hyderabad to develop urban infrastructure. Calling the felling of trees ‘pre-planned’ as it was carried out on extended weekend holidays when courts would not be available, the bench ordered that the lost forest cover must be restored. Else, it warned, top state government officials would be jailed for contempt of court. Defending its decision to fell trees at Kancha Gachibowli, the Telangana government claimed the area was not forest land and the government's action was in keeping with the "long-term developmental objectives". The court will hear the matter again on July 23.
In the Pune land scam, a vast area of reserve forest was handed over to one “Chavan family” in 1968 for supposed farming. It was given away on lease just for a year. But the family continued to use it in collusion with government officials who allegedly altered land records. Later, the land was allotted
to the family permanently just in time for them to sell it to Richie Rich Cooperative Housing Society (RRCHS). The court termed the illegal transfer of forest land a “classic example” of the nexus between politicians, bureaucrats and builders, exposing how forest lands are surreptitiously given away for commercial purposes.
The order was based on the findings of the Central Empowered Committee (CEC), a permanent statutory body set up by the Supreme Court to monitor and ensure compliance with court orders on forest and environment matters.
While passing the order, the SC rejected the argument by RRCHS’s counsel that the forest land had ‘lost its character’ due to non-use for a long period. The court also questioned the silence of the Chavan family for 20 years after the lease was not renewed in 1969. Only in 1988 did the family start trying for allotment of land in lieu of compensation. However, prior to the actual allotment of land in their favour, they had entered into transactions with the builders, the court noted.
Pune forest land:
The SC order relied on the findings of the CEC, which conducted multiple investigations and drafted several reports and recommendations over the years to address the illegal diversion of forest land.
In its report dated November 27, 2008, the CEC recommended that the allotment of 11.89 hectares of reserve forest land in Survey No 21 (old Survey No 20A) Kondhwa Bk in Pune district for agriculture and subsequent permission for its sale in favour of M/s Richie Rich Co-operative Housing Society Ltd and construction of buildings be cancelled.
The committee also recommended that the area be restored back as forest. Moreover, it recommended the senior functionaries and officers of the Government of Maharashtra responsible for the allotment/use of the said Reserve Forest land in violation of rules and should be prosecuted for criminal breach of trust and other provisions of laws.
Kancha Gachibowli forest:
The CEC found the area to be hosting free-ranging wildlife, including deer, peacocks, reptiles, and over a hundred tree species. "The campus also contains four lakes that contribute to its status as a biodiversity hotspot. The presence of shrubs and boulders adds to habitat complexity, offering refuge, food, and nesting spaces for various species while supporting microhabitats for reptiles, amphibians, mosses, and fungi. These features collectively foster a resilient ecosystem," it said.
The CEC analysis of Kancha Gachibowli forest, based on ground inspection reports by Forest Survey of India and satellite imagery, revealed that within the defined 409.12 acres polygon, an area of 104.95 acres was cleared of natural vegetation. "A comparative assessment of the canopy classes in this cleared area before and after vegetation removal shows a complete transition of forest area to non-forest," it said.
The latest green push under CJI Gavai, who has delivered several landmark rulings on environmental issues, comes in the backdrop of its recent order to all states and Union territories to appoint expert committees to identify forest areas. In March, an SC bench warned that chief secretaries and administrators of states and UTs will be held personally accountable if the panels were not set up in a time-bound manner. The expert committees would identity forest-like areas that are not notified as forests on record, based on which states will have to create a consolidated record of lands including forest-like areas.