VidhiSangh

Supreme Court of India · 25/08/2025

T.N. GODAVARMAN THIRUMULPAD versus UNION OF INDIA & ORS.

[2025] 8 S.C.R. 2389 · 2025 INSC 1054

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Summary

On the State of Maharashtra's application to modify the judgment of 22 May 2025 on Zudpi jungle lands, the Court refused to let fragmented land parcels under 3 hectares be used for village purposes instead of being declared protected forest, but clarified that the Forest Rights Act route remains open to the State; it allowed the second prayer by adding a new direction (x-a) saving pre-12 December 1996 encroachments used for agriculture, housing, slums, colonies, schools and public utilities to the extent of 10,365.049 hectares.

Issues

  1. Whether direction 138(vii) should be modified so that fragmented land parcels of less than 3 hectares not adjoining forest may be used for purposes under Section 3(2) of the Forest Rights Act, 2006 or other village needs instead of being declared protected forest.
  2. Whether direction 138(x) should be modified to save encroachments used for agriculture, houses, slums, government colonies, schools and public utilities to the extent of 10,365.049 hectares.

Provisions considered

Held

Result

Application disposed of: prayer (i)(a) rejected with a clarification that Section 3(2) of the Forest Rights Act remains available; prayer (i)(b) allowed by inserting paragraph 138(x-a) in the judgment dated 22 May 2025.

Judgment PDF: Supreme Court of India, [2025] 8 S.C.R. 2389.