Vidarbha's 'Zudpi jungle' a forest, apex court clarifies
New Delhi, May 23 -- The Supreme Court on Thursday struck a balance between protection of environment and right to livelihood as it declared 86,400 hectares of "Zudpi Jungle" lands in eastern Vidarbha region of Maharashtra as forests but protected the structures existing on it till December 1996.
The top court noted that "Zudpi" was a Marathi word, literally translating to bushes or shrubs, and "Zudpi" lands meant an inferior type of unoccupied lands with bushy growth.
These lands consist of low Murmadi soil (arid soil with gravel and soft stones) where tree growth was not possible and hence these were dominated by shrubs and other dry vegetation. These are, however, extremely ecologically important areas that act as wildlife corridors, according to experts.
A bench of chief justice of India (CJI) BR Gavai and justice Augustine George Masih in its order said: "It is directed that the Zudpi Jungle lands shall be considered as forest lands in line with the order of this court dated December 12, 1996 in the present proceedings."
The bench directed the Maharashtra government to submit a consolidated proposal for each district. The land in question was part of six districts of Eastern Vidarbha Region - Nagpur, Wardha, Bhandara, Gondia, Chandrapur and Gadchiroli.
The Maharashtra government had in 2019 approached the top court seeking clarification whether its decision in the TN Godavarman case on December 12, 1996 - the verdict defined the term forest - would apply to Zudpi jungle or forest land, which are grazing land.
Noting that on the land in question, there stood government buildings, residential quarters, schools, graveyards, educational and public institutions, the bench said, "We direct that as an exception, and without the same being treated as a precedent whatsoever for any matter, the Zudpi Jungle lands allotted by the competent authority up to December 12, 1996 and for which land classification has not been changed, the state of Maharashtra shall seek approval under Section 2 of the Forest (Conservation) Act, 1980 for deletion from the list of Forest Areas."
Maharashtra chief minister Devendra Fadnavis hailed the verdict as a major relief for Vidarbha region which, he said, has been lagging in terms of development because of the Forest (Conservation) Act, 1980.
"I would say it is a landmark and historical judgment because the Supreme Court has maintained a balance between the development and environment," Fadnavis told reporters.
Experts said that Zudpi jungles have been considered forest since the 1980's. "In 1987, the Maharashtra government asked the environment ministry to exempt the Zudpi Jungles from the purview of the Forest Conservation Act 1980. This meant that Maharashtra was treating Zudpi Jungles as forests," Debi Goenka, executive trustee of Conservation Action Trust, said....
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