New Delhi:
The Supreme Court docket on Thursday directed all states and union territories to represent particular investigation groups to look at if any reserved forest land in possession of the income division was allotted to any personal events for non-forestry function.
Noting the “evident problem” through which an enormous stretch of notified forest land was nonetheless in possession of the income division, the supreme court docket requested all of the states and UTs handy over possession of such lands to the forest division.
A bench of Chief Justice B R Gavai and Justices Augustine George Masih and Okay Vinod Chandran referred to a report of the Central Empowered Committee (CEC) which pointed to proof to indicate that many forest lands have been allotted to non-public individuals or establishments for non-forestry functions.
“We additional direct the chief secretaries of all of the states and the directors of all of the Union Territories to represent particular investigation groups for the aim of inspecting as as to whether any of the reserved forest land within the possession of the income division has been allotted to any personal people/establishments for any function apart from the forestry function,” the bench mentioned.
The states and UTs have been additionally directed to take steps to retrieve possession of such lands and handover the identical to the forest division.
“In case, it’s discovered that taking again the possession of the land wouldn’t be within the bigger public curiosity, the state governments/Union Territories ought to get well the price of the mentioned land from the individuals/establishments to whom they have been allotted and use the mentioned quantity for the aim of improvement of forests,” the bench mentioned in its 88-page verdict.
It additionally directed the states and UTs to represent particular groups to make sure that all such transfers happen inside a 12 months.
“Useless to state that hereinafter such land must be used just for the aim of afforestation,” the bench mentioned.
The highest court docket delivered its verdict in a matter associated to reserved forest land in Pune.
The bench held that the allotment of 11.89 hectare of the reserved forest land in village Kondhwa Budruk in Pune for agriculture functions on August 28, 1998 and subsequent permission given for its sale in favour of Richie Wealthy Cooperative Housing Society Restricted (RRCHS) on October 30, 1999 was “completely unlawful”.
“We additionally haven’t any hesitation to carry that the then minister for income and the then divisional commissioner, Pune, have given a complete go-bye to the doctrine of public belief inasmuch as, beneficial forest land was allotted to the ‘Chavan household’ de hors the provisions of the legislation,” it mentioned.
The bench famous the land was allotted in favour of 1 “Chavan household” in 1998.
“The current matter is a basic instance as to how the nexus between the politicians, bureaucrats and the builders may end up in the conversion of treasured forest land for industrial functions underneath the garb of resettlement of individuals belonging to the backward class from whose ancestors, agricultural land was acquired for public function,” it mentioned.
The highest court docket, because of this, quashed the environmental clearance granted by the Ministry of Setting and Forest (MoEF) on July 3, 2007 to RRCHS.
The MoEF had granted environmental clearance for building of a residential, procuring and IT complicated.
The bench mentioned for the reason that state had recalled the communication of August 4, 1998 approving allotment of the land to “Chavan household” and it upheld the identical.
It directed that possession of the topic land, which is reserved as a forest land however is in possession of the income division, must be handed over to the forest division inside three months.
The bench mentioned for allowing any non-forest exercise throughout the space of any “forest”, it was essential to have prior approval of the Central authorities.
The RRCHS, it famous, understanding very nicely that the land was a forest land, entered into transactions with the members of the “Chavan household” a lot previous to the land even being allotted of their favour.
“The transactions between the RRCHS and the members of the ‘Chavan household’ have been completely unlawful and opposite to the situations on which the land was allotted to the ‘Chavan household’,” the bench mentioned.
The “alarming pace” with which the occasions befell from July to August 1998, the bench mentioned, spoke volumes.
“Now we have no hesitation in holding that the then minister for income, authorities of Maharashtra and the then divisional commissioner, Pune, have acted completely in breach of public belief to illegally trigger achieve to non-public people at the price of sacrificing treasured forest land,” the bench mentioned.
It mentioned the allotment of the topic land to the “Chavan household” was in blatant disregard to the provisions of the legislation because it was violative of Part 2 of the Forest (Conservation) Act, 1980.
Part 2 of the 1980 Act stipulates no forest land could be de-reserved or used for any non-forest functions with out the permission of the Central authorities.
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