Supreme Court Ruling on Forest Land Misuse
The Supreme Court of India has recently mandated states and Union Territories to establish special teams to investigate whether reserved forest land has been improperly allocated to private individuals or institutions. The court’s decision marks the need to reclaim such land for forest departments within one year. Chief Justice B R Gavai, leading the bench, emphasised that if reclaiming the land is not in the public interest, the state should recover its value from the beneficiaries for forest development.
Context of the Ruling
The ruling stems from a case involving the transfer of 11.89 hectares of forest land in Pune. This land was controversially allotted to the Chavan family in 1998 for agricultural use. Subsequently, it was sold to a housing society named Richie Rich Cooperative Housing Society Ltd. The court deemed this transfer illegal, citing a breach of public trust by officials.
Key Legal Principles
The court invoked the 1980 Forest Conservation Act. This act restricts any state or authority from altering the status of reserved forests without prior approval from the Central Government. The ruling reinforces the legal framework that protects forest land from commercial exploitation.
Nature of the Misuse
The Supreme Court described the land transfer as a “classic example” of collusion between politicians, bureaucrats, and developers. It noted that the agricultural land was misrepresented as a means to facilitate the sale of protected forest land. The court condemned the exploitation of backward class status to justify these actions.
Implications
This ruling puts stress on the importance of safeguarding reserved forests. It calls for accountability among state officials and private entities involved in land transfers. The court’s decision aims to restore integrity in the management of forest resources.
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