CJI Gavai's first verdict: SC calls Pune land transfer illegal, alarming

In his first ruling as CJI Justice BR Gavai declares 1998 Pune forest land transfer illegal slams politician bureaucrat builder nexus and orders land returned to forest department

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, India Today reported.

 

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 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.

 

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.