Maharashtra Seeks SC Relief on Zudpi Jungle Land Exemption

New Delhi, Aug 25 (PTI) - The Maharashtra government has approached the Supreme Court with a request to exclude around 86,409 hectares of Zudpi jungle land in Vidarbha from the Forest (Conservation) Act, 1980 and to regularise existing encroachments without imposing penalties or requiring compensatory actions.

This plea opposes the recommendations made by the Supreme Court-mandated Central Empowered Committee (CEC) as well as the state's own legal framework.

Zudpi jungles, named from the Marathi term for bushes and shrubs, are scrublands categorized as forest in government records in the eastern Vidarbha districts of Nagpur, Wardha, Bhandara, Gondia, Chandrapur, and Gadchiroli. Historically, these lands were seen as inferior due to their poor "Murmadi" soil, unsuitable for dense tree growth. They have traditionally been utilized as grazing lands, cremation grounds, and sites for community infrastructure like schools and health centres.

Despite being degraded, Zudpi jungles have ecological value. They serve as transitional ecosystems between forests and agricultural lands, support grazing, provide fuelwood and fodder, and are habitats for small wildlife and birds.

The Supreme Court's landmark T N Godavarman judgment of December 1996 declared that any land recorded as forest, irrespective of its condition or ownership, falls under the Forest (Conservation) Act, thereby bringing Zudpi jungles under strict conservation laws.

Maharashtra's affidavit argues that these lands have been historically used for non-forestry purposes and thus should not be under the Forest (Conservation) Act. The state claims maintaining them as forests would adversely affect a large population, threatening government schools, hospitals, and even defense structures with demolition.

The CEC’s report to the Supreme Court in February recommended that Zudpi Jungle lands should be regarded as forest lands under the Forest (Conservation) Act, 1980. It allowed for some exceptions for allotments made before December 12, 1996, but required central approval and emphasized these exceptions should not set precedents.

The CEC further advised that any unauthorised fragmented land should be declared as Protected Forests and opposed government decisions to regularise encroachments on Zudpi Jungle lands. It also recommended removing post-October 25, 1980, encroachments and treating post-1996 commercial allotments as illegal, advocating for task forces to manage eviction processes and finalize pending forest settlements.

Maharashtra's appeal contradicts not just with the CEC's guideline but also with its own Maharashtra Land Revenue Code, 1966, which mandates encroachment removal by collectors, and which links regularisation to payment. Past resolutions by successive governments have linked regularisation to market rates and fees.

Of the original 9,23,913 hectares recorded as Zudpi jungles in Vidarbha, 6,55,619 hectares were declared as reserved or protected forests between 1955 and 1959. The current case concerns the remaining 86,409 hectares, which the state deems unsuitable for forestry, but the CEC insists should remain under forest law.

Debadityo Sinha, Lead of Climate and Ecosystems at the Vidhi Centre for Legal Policy, stated that Zudpi jungles are legally treated as forest land and non-forest usage must adhere to the law. The state's historical non-compliance cannot be ignored or justified with time.

Sinha highlighted the state's duty to find legally sound alternatives, provide necessary compensation, and ensure proper land allocation for public use. "Requesting a blanket exemption from Supreme Court directions undermines the state's role as a public trustee of forests and could set a dangerous precedent for similar violations by other states," he remarked.

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