Source: Indian Express 

Introduction 

The Supreme Court of India delivered a landmark judgment on 22nd May 2025, regarding the classification and regulation of Zudpi jungle lands in Maharashtra's Vidarbha region. This decision resolved decades-long litigation concerning approximately 86,000 hectares of scrub forest lands, establishing their legal status as "forest lands" under the Forest Conservation Act, 1980. The judgment strikes a careful balance between environmental conservation and developmental needs while providing administrative clarity for future land use planning. 

What was the Background of the Zudpi Jungle Lands Case? 

• The case arose from prolonged legal uncertainty surrounding Zudpi jungle lands, which are peculiar to six districts of eastern Vidarbha (Nagpur, Chandrapur, Gadchiroli, Bhandara, Wardha, and Gondia). 
• The term "Zudpi" is a Marathi word literally meaning bushes or shrubs, referring to inferior unoccupied lands with bushy growth that were traditionally used for grazing and classified as Gairan under the Maharashtra Land Revenue Code, 1966. 
• The legal complexity began after the reorganization of states in 1960, when similar lands elsewhere in Maharashtra were recorded as Gairan or Gurcharan, but Vidarbha's lands continued to be classified as 'Zudpi Jungle' due to bureaucratic inaction.  
• Initially vested with the Revenue Department, these lands were extensively used for development projects, public amenities including schools, health centers, water pipelines, burial grounds, infrastructure projects, railways, defense, and irrigation facilities, as well as allotment to landless farmers. 
• The Forest Conservation Act, 1980 prohibited diversion of forest land without central government approval. However, in November 1987, the Maharashtra government issued an order declaring Zudpi lands as "scrub forests" that would not attract FCA provisions, transferring them to the Revenue Department for afforestation and grazing purposes.  
  • This 1987 Government Order was challenged by the Bombay Environmental Action Group (BEAG) before the Nagpur Bench of the Bombay High Court. 
• While the challenge was pending, the Centre changed its position in February 1992, clarifying that Zudpi Jungle would continue to be treated as "forest lands" under the FCA, though the state could seek approval for lands already used for non-forest purposes. Consequently, the Maharashtra government withdrew its 1987 order in 1994. 
• The Supreme Court's 12th December 1996 judgment in the 'TN Godavarman Thirumulpad' case definitively stated that Zudpi lands would be treated as 'forest lands' under the FCA. In 1998, a High-Powered Committee recommended that 92,115 hectares should be declared protected forests while 86,409 hectares unfit for forest use should be de-notified. 
• In 2019, the Maharashtra government filed an interim application seeking the Supreme Court's approval to exclude the latter category from FCA purview. The Court formed a Central Empowered Committee (CEC) which conducted site visits and filed reports that became the basis for the 22nd May, 2025 verdict. 

What were the Key Contentions? 

• Government's Position: The Maharashtra government argued that Zudpi lands were never forest lands and that revenue records were never corrected due to state reorganization and official inaction. The state contended that denying relief would cause "grave and irreparable damage" to lakhs of citizens and stall several projects. 
• Environmentalist's Position: Intervener argued that de-notifying these lands would degrade healthy forests and disrupt wildlife corridors. He contended that the 2025 Central Empowered Committee (CEC) report ignored ecological concerns, including wildlife corridor protection and scrub forest conservation. 

What are the Supreme Court's Directions? 

The Supreme Court issued fourteen specific directions to balance citizens' rights with environmental interests: 

• Primary Classification: Zudpi Jungle lands shall be considered as Forest lands in line with the Court's 12th December 1996 order.
• Pre-1996 Allotments Exception: Zudpi Jungle lands allotted by competent authority up to 12th December 1996, where land classification has not changed, may seek approval under Section 2 of Forest Conservation Act for deletion from "List of Forest Areas".
• Consolidated District Proposals: State of Maharashtra shall submit consolidated proposals for each district with all activities deemed site-specific, ensuring no future land use changes and transfers only by inheritance.
• No Compensatory Requirements: Union of India shall approve pre-1996 proposals without imposing compensatory afforestation conditions or NPV levy deposits.
• Proposal Format Development: Union Government and Maharashtra shall devise proposal format for Zudpi land diversion within three months with CEC prior approval.
• Post-1996 Scrutiny: For post-December 12, 1996, allotments, proposals must include reasons for allotments and list of violating officers, with processing only after punitive action under Sections 3A and 3B of Forest Conservation Act.
• Protected Forest Declaration: All unallotted "fragmented land parcels" (less than 3 hectares not adjoining forest areas) to be declared Protected Forests under Section 29 of Indian Forest Act, 1927.
• Encroachment Prevention: Sub-Divisional Magistrates directed to prevent future encroachments with personal responsibility for any violations after judgment date.
• Non-Government Entity Restriction: No Zudpi land shall be diverted to any non-governmental entity for any purpose whatsoever.
• Special Task Force Formation: Constitute Special Task Force in each district (SDM, DSP, ACF, Taluka Inspector) to remove encroachments within two years, with officials dedicated solely to this purpose.
• Commercial Allotment Treatment: All commercial allotments post-October 25, 1980 must be treated as encroachments.
• Forest Department Transfer: Revenue Department shall transfer the remaining 7,76,767.622 hectares to Forest Department within one year for compensatory afforestation purposes.
• Compensatory Afforestation Conditions: Zudpi land permitted for compensatory afforestation only with Chief Secretary's certificate of non-forest land unavailability, requiring double area compensation as per MoEF&CC guidelines.
• State-wide Investigation: Chief Secretaries of all States and UT Administrators constitute Special Investigation Teams examining forest land allotments to private entities, with direction to recover possession or land costs for forest development.

What is Section 2 of the Forest Conservation Act, 1980? 

• Section 2: Restriction on De-reservation of Forests or Use of Forest Land for Non-Forest Purpose. 
• Core Principle: Notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make any order except with the prior approval of the Central Government directing: 
• Prohibited Activities Without Central Approval: 
  • (i) De-reservation of Reserved Forests: That any reserved forest (within the meaning of the expression "reserved forest" in any law for the time being in force in that State) or any portion thereof, shall cease to be reserved. 
  • (ii) Non-Forest Use: That any forest land or any portion thereof may be used for any non-forest purposes. 
  • (iii) Private Assignment: That any forest land or any portion thereof may be assigned by way of lease or otherwise to any private person or to any authority, corporation, agency or any other organization not owned, managed or controlled by the Government. 
  • (iv) Tree Clearing for Reforestation: That any forest land or any portion thereof may be cleared of trees which have grown naturally in that land or portion, for the purpose of using it for reforestation. 
• Definition of "Non-Forest Purpose": 
• Non-forest purpose means the breaking or clearing of any forest land or portion thereof for: 
  • (a) The cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticulture crops or medicinal plants. 
  • (b) Any purpose other than reforestation. 
• However, it does NOT include any work relating or ancillary to conservation, development and management of forests and wildlife, namely: 
  • Establishment of check posts, fire lines, wireless communications. 
  • Construction of fencing, bridges and culverts, dams, and waterholes. 
  • Trench marks, boundary marks, pipelines or other like purposes. 
• Key Legal Interpretations from Case Laws: 
  • Forest Definition: Section 2 covers all statutorily recognized forests, whether designated as reserved, protected or otherwise. 
  • Private Plantation Exception: Section 2 does not apply to private plantations, orchards, or bagans comprising trees planted in any area which is not a forest. 
  • Leasehold Land: Ban does not apply to leasehold land irrespective of date of grant of lease or date of acquisition of title if the land was not converted from an earlier forest. 
  • Central Approval Mandatory: Prior approval of the Central Government is required for any non-forest activity within the area of any 'forest'. 
  • Essential Requirement: All activities falling under Section 2 require mandatory prior approval from the Central Government before any State Government or authority can proceed. 

Conclusion 

The Supreme Court's judgment provides definitive clarity on the decades-old Zudpi lands dispute while establishing a framework that protects environmental interests without completely stalling development. The decision recognizes existing ground realities for pre-1996 allotments while ensuring strict compliance for future conversions, thereby creating a sustainable approach to forest conservation. This landmark ruling sets important precedents for balancing developmental needs with environmental protection in similar cases across India, emphasizing administrative accountability and the primacy of forest conservation laws.