CJI BR Gavai’s First Verdict: Supreme Court Rules Pune Forest Land Deal Illegal, Orders Nationwide Review of Forest Land Transfers

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This harsh observation was made while deciding the Pune land scam case, which involved the unlawful transfer of 11.86 acres of reserved forest land to a private housing project named Richie Rich Colony, despite objections from the forest department.

CJI BR Gavai’s First Verdict: Supreme Court Rules Pune Forest Land Deal Illegal, Orders Nationwide Review of Forest Land Transfers

NEW DELHI: In his first judgment after becoming the Chief Justice of India, Justice BR Gavai delivered a significant verdict related to forest land misuse in Maharashtra. The Supreme Court declared that the forest land in Pune’s Kondhwa Budruk, which was handed over by the Maharashtra government to private parties in 1998 for non-forest use, was completely illegal.

The Court strongly criticised the deal, calling it “a classic example of the nexus between politicians, bureaucrats and builders.” This harsh observation was made while deciding the Pune land scam case, which involved the unlawful transfer of 11.86 acres of reserved forest land to a private housing project named Richie Rich Colony, despite objections from the forest department.

The Supreme Court also highlighted how fast the land use was changed by the government in 1998.

“The alarming speed with which the government of Maharashtra changed land use between July to August 1998 shows the then-minister for revenue was involved,” the bench observed, hinting at serious irregularities at the ministerial level.

The Supreme Court ordered that the forest land in Pune be handed back to the forest department. In addition, the apex court also issued an important direction to all states and union territories across the country to check if any forest land was ever given away to private parties for non-forest activities.

“Chief secretaries to ensure that all land with state governments and union territories which are forest land be 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 top court said.

The Supreme Court further clarified that state governments cannot lease reserved forest land to any private person or organisation without 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,” the bench added.

The Supreme Court also declared that the environmental clearance given to the Richie Rich Colony project was illegal, strengthening its stance that the project was in complete violation of the law.

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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