Reported by Mubarak Ansari
Kondhwa, fifteenth Could 2025: In a landmark ruling exposing deep-rooted corruption in land allocation, the Supreme Courtroom of India has declared the 1998 switch of forest land in Pune’s Kondhwa Budruk space unlawful. The 11.86-acre land parcel, controversially allotted to a personal builder for the Richie Wealthy housing venture, should now be returned to the forest division, the courtroom ordered. A writ petition was filed by the city-based NGO Nagrik Chetna Manch.
The judgment—delivered by Chief Justice of India (CJI) Bhushan R. Gavai in his first verdict since assuming workplace—unveils a troubling nexus between political leaders, bureaucrats, and actual property builders. “This case is a basic instance of how politicians, directors, and builders conspire to transform forest land into business actual property beneath the guise of resettlement,” noticed CJI Gavai within the judgment. The bench additionally included judges Augustine George Masih and Ok Vinod Chandran.
The Land in Query
The disputed plot, a part of a 32-acre reserved forest notified in 1879 beneath the Indian Forest Act, was leased for cultivation to the Chavan household on a short lived “Eksali” (yearly) foundation in 1968. Though the lease was by no means renewed, the land (Survey No.21 (outdated Survey No.20A) remained beneath unofficial occupation. Many years later, in a controversial transfer, the Maharashtra Income Division permitted everlasting allotment of the land to the Chavan household in 1998—with out central authorities clearance, a violation of the Forest Conservation Act (1980).
Inside months, the land was bought to the Richie Wealthy Co-operative Housing Society Ltd (RRCHS), led by actual property developer Aniruddha Deshpande. Multi-storey buildings have been constructed beneath the venture “Raheja Richmond Park,” with even environmental clearance being granted by the Ministry of Atmosphere and Forests in 2007.
A Net of Violations
Data examined by the courtroom point out that the forest division had constantly referred to the land as “reserved forest,” whereas income paperwork misleadingly recorded it as “authorities grazing floor.” Regardless of repeated objections from forest officers and a scarcity of correct de-reservation procedures, the land was quietly diverted for business use.
“All this was executed in clear defiance of the legislation and Supreme Courtroom directives,” mentioned advocate Ok. Parameshwar, the court-appointed amicus curiae. “It’s evident from the proof that the land was by no means legally de-reserved and that the personal developer had begun transactions lengthy earlier than formal allotment.”
The courtroom additional dominated that Richie Wealthy Housing Society can’t be thought of a bona fide purchaser, provided that land transfers had already been initiated by improvement agreements even earlier than official allotment.
Fabricated Paperwork and Authorized Manipulations
In a surprising revelation in the course of the hearings, the courtroom discovered {that a} gazette notification offered by the developer to show that the land was not forest property was cast. Following a CID probe ordered by the courtroom, it was confirmed that the doc was not real. This discovering performed a important position in strengthening the courtroom’s conclusion about fraudulent intent.
“Using fabricated authorities information to justify such unlawful occupation is not only unethical—it’s legal,” the courtroom famous. The bench added that the builders and authorities officers concerned ought to be held accountable for breach of public belief.
Wider Implications and Nationwide Directives
Recognizing the broader penalties of the case, the Supreme Courtroom instructed all states and Union Territories to audit forest land transfers and return unlawfully diverted parcels to their respective forest departments. “No state authority has the fitting to lease or assign forest land with out the categorical approval of the central authorities,” the bench dominated.
The judgement states:
(i) We maintain that the allotment of 11.89 ha of Reserve Forest land in Survey No.21 (outdated Survey No.20A) Kondhwa Budruk in District Pune for agriculture functions on twenty eighth August 1998 and subsequent permission given for its sale in favour of RRCHS on thirtieth October 1999 was completely unlawful;
(ii) We additional maintain that Environmental Clearance granted by the MoEF on third July 2007 to RRCHS is against the law and is accordingly quashed and put aside;
(iii) Because the State of Maharashtra has recalled the communication dated 4th August 1998 approving the allotment of the topic land to the ‘Chavan Household’, we uphold the identical;
(iv) We direct that the possession of the topic land, which is reserved as a Forest Land, however is in possession of the Income Division, ought to be handed over to the Forest Division inside a interval of three months from at the moment;
(v) 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 objective aside from the forestry objective;
(vi) The State Governments and the Union Territories are additionally directed to take steps to take again the possession of the land from the individuals/establishments in 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 recuperate 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; and
(vii) We additional direct the Chief Secretaries of all of the States and the Directors of all of the Union Territories to represent Particular Groups to make sure that all such transfers happen inside a interval of 1 12 months from at the moment. Unnecessary to state that hereinafter such land ought to be used just for the aim of afforestation.
