Chief
Justice of India (CJI) Bhushan R Gavai has declared the Maharashtra
government's 1998 decision to transfer forest land to private entities for
non-forest use as illegal. This is his first judgment since taking the oath as
CJI.
Delivering
the verdict in the high-profile Pune land scam case, the Supreme Court (SC)
strongly criticised the collusion between officials and developers. “This is a
classic example of the nexus between politicians, bureaucrats and builders,”
the Bench observed, as it ordered the disputed land be returned to the forest
department.
The
apex court noted that the rapid land-use change approved by the Maharashtra
government between July and August 1998 suggested direct involvement of the
then revenue minister. “The alarming speed with which the government of
Maharashtra changed land use... shows the then-minister for revenue was
involved,” the judgment said.
The court’s ruling has wider implications. It
directed all states and union territories to review whether any forest land had
been diverted to private parties for non-forest purposes and ordered that such
land be restored to the respective forest departments.
Chief
Secretaries of all states and Union Territories (UTs) were instructed to ensure
that all government-held forest land is officially handed over to the forest
department. “If the land has become non-forest by conversion, then let an
adequate amount be calculated for afforestation,” the court said.
The case revolves around the illegal allocation of
11.86 acres of forest land in Kondhwa Budruk, Pune, by the state revenue
department to Richie Rich Colony, despite opposition from the forest
department. The court declared the environmental clearance granted to the
project as unlawful.
The
Bench also said that state authorities cannot lease out reserved forest land
without obtaining prior approval from the central government. “Reserved forest
land cannot be assigned by lease by state authorities to any person/entity
without prior approval of the centre,” it said.