New Delhi, May 22 (UNI) The Supreme Court has ruled that Zudpi Jungle land in Maharashtra can be considered for compensatory afforestation only if there is a specific certification by the Chief Secretary of the state regarding the non-availability of non-forest land.

A bench, comprising Chief Justice of India B R Gavai and Justice Augustine George Masih, issued the judgment, while hearing a batch of applications concerning the legal status and usage of Zudpi Jungle lands in six districts of Eastern Vidarbha - Nagpur, Wardha, Bhandara, Gondia, Chandrapur and Gadchiroli.

The State of Maharashtra had approached the court, submitting that while Zudpi Jungle lands are recorded in revenue documents as forest lands, historically, these parcels have long been used for non-forestry purposes such as residential housing, agriculture, government offices, schools, and health centres.

Pursuant to earlier Supreme Court directions, the Central Empowered Committee (CEC) submitted two reports on the matter. However, the Court found that the CEC’s recommendation that Zudpi Jungle land could be used for compensatory afforestation (on double the area) was inconsistent with past Supreme Court orders and statutory forest policy.

‘Zudpi’ is a Marathi term referring to bushes or shrubs. The land described as Zudpi Jungle is unoccupied, low-quality wasteland with bushy growth and poor soil quality. These lands are traditionally grazing lands, classified in some parts of Maharashtra as E-Class lands or Gairan/Gurcharan lands under the Maharashtra Land Revenue Code, 1966.

The court noted that these lands have been extensively used for public amenities for decades. Citizens residing on these lands or depending on them for agriculture cannot be displaced now. There needs to be a balance between environmental protection and sustainable development.

Rejecting the CEC's suggestion, the Court said, “Accepting such a recommendation would amount to deviating from the orders passed by this Court on December 12, 1996 and March 4, 2025, in Ashok Kumar Sharma & Others v. Union of India & Anr.”

The Court directed that Zudpi Jungle lands shall be treated as forest lands, in line with the 1996 order. As a one-time exception, lands allotted up to December 12, 1996, may be excluded from forest status, but only after approval under Section 2 of the Forest (Conservation) Act, 1980.

The State must submit consolidated district-wise proposals for such lands. The Centre shall consider these proposals without demanding compensatory afforestation or Net Present Value (NPV). The Union and State governments must formulate a uniform process for the diversion of such lands within three months.

For post-1996 allotments, the State must justify each case and name the responsible officers. All fragmented land parcels under 3 hectares and not adjoining forest must be declared as Protected Forests under the Indian Forest Act, 1927. SDMs must ensure no further encroachment.

For future non-forestry use, proposals must follow Forest Conservation Act provisions. Special Task Forces are to be formed in each district to remove encroachments within two years. The Revenue Department must hand over the remaining Zudpi land to the Forest Department. The CEC will monitor the progress of the land transfer.

All State Chief Secretaries and Union Territory Administrators must set up Special Investigation Teams to check if forest lands were wrongly allotted for non-forestry use. States must take back such forest land and transfer it to the Forest Department.

The Court disposed of the applications with these directions, thereby reaffirming its commitment to environmental preservation, public interest, and legal clarity on forest land usage. UNI SNG SSP