SC nixes Maha’s 1998 allotment of Rs 200 crore forest land for Rs 2 crore

NEW DELHI: SC Thursday cancelled Maharashtra govt’s illegal allotment of 30 acres of reserved forest land in Pune, valued at more than Rs 200 crore, for just Rs 2 crore to Richie Rich Cooperative Housing Society (RRCH) in 1998-99, and pinned the blame on then revenue minister, divisional commissioner and builder Aniruddha P Deshpande.

Importantly, a bench of CJI B R Gavai and Justices A G Masih and K Vinod Chandran ruled that allotment of reserve forest land to private individuals or institutions for non-forestry purposes after Dec 12, 1996, the date on which it was banned by SC, is illegal, and directed states and UTs to take them back and use them for afforestation. This direction could create ripples across states and for allottees who have manipulated rules to get forest lands.

SC said, “This is a classic example as to how the nexus between the politicians, bureaucrats and builders can result in the conversion of precious forest land for commercial purposes under the garb of resettlement of people belonging to the backward class from whose ancestors, agricultural land was acquired for public purpose.”

Writing the judgment, CJI Gavai said, “We hold that the allotment of 11.89 ha (30 acres) of reserve forest land in Survey No.21, Kondhwa Budruk in district Pune for agriculture purposes on Aug 28, 1998, and subsequent permission given for its sale in favour of RRCHS on Oct 30, 1999, was totally illegal.” It also quashed the Union forest ministry’s July 2007 clearance to the project terming it illegal.

“We direct that the possession of the subject land, which is reserved as a forest land, but is in possession of the revenue department, should be handed over to the forest department within a period of three months,” the bench said.

While adjudicating this case, SC noticed that vast stretches of notified forest land continue to be in possession of revenue departments.

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