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
- 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.
- 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
- Section 3(2), Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006The Court noted that the sub-section opens with a non obstante clause, so the State can always invoke it if it wishes to use fragmented land parcels that have been directed to be declared protected forest; any such use must follow the procedure and satisfy the conditions prescribed there. (¶¶ 2, 3, 5)
Held
- The prayer to modify direction 138(vii) was rejected: all fragmented land parcels shall be declared protected forest. If the State wants to use such land for any purpose listed in Section 3(2) of the Forest Rights Act, 2006, it may do so only after following the procedure prescribed there and fulfilling its conditions. (¶¶ 2, 3, 4, 5)
- The prayer to modify direction 138(x) was allowed because the one-time exemption in the main judgment rested on long use of the land for agriculture, houses, slums, government colonies, schools and public utilities, where revenue entries had not been made owing to official apathy, and the Central Empowered Committee itself had recommended protecting such structures to the extent of 10,365.049 hectares. (¶¶ 6, 7, 8)
- A new paragraph 138(x-a) is added to the judgment of 22 May 2025: direction (x) does not apply to encroachments made before 12 December 1996 for those purposes up to 10,365.049 hectares as observed by the CEC; encroachments made after that date may be regularised by the State only in accordance with clauses (ii) to (vi) of paragraph 138. (¶ 9)
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.