Kiran Raj

The Supreme Court of India Division Bench of Chief Justice B.R. Gavai and Justice Augustine George Masih held that lands classified as "Zudpi Jungle" shall be treated as forest lands for all legal purposes and directed a conditional framework for their possible denotification. The Court accepted the comprehensive recommendations of the Central Empowered Committee (CEC) filed in its 2025 report, which laid down procedures for regularisation of certain Zudpi lands already put to non-forestry use prior to 12.12.1996 and prescribed accountability measures for illegal post-1996 allotments. The Court clarified that these recommendations were to be treated as exceptional and not to be relied upon as precedent in future matters. The directive enables the State of Maharashtra to regularise certain pre-1996 uses of Zudpi lands while ensuring strict environmental compliance and protection for the remaining forest areas.

The issue before the Court concerned the legal status and permissible use of Zudpi Jungle lands in the six districts of Eastern Vidarbha Region of Maharashtra—Nagpur, Wardha, Bhandara, Gondia, Chandrapur, and Gadchiroli. Historically, these lands were recorded in revenue documents as "Zudpi Jungle," a term signifying inferior quality unoccupied lands with bushy vegetation.

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The State of Maharashtra filed IA No.12465 of 2019 and subsequent applications in Writ Petition (C) No. 202 of 1995 seeking directions from the Supreme Court to clarify that 86,409 hectares of Zudpi Jungle land, unfit for forestry management, does not fall under the purview of the Forest (Conservation) Act, 1980 or the Court's earlier orders dated 12.12.1996 and 13.11.2000.

The intervenor, Prasad Khale, filed IA No.127871 of 2020 seeking intervention and IA No.127874 of 2020 praying for a departmental enquiry against officials who permitted diversion of Zudpi lands for non-forestry use and for restoration of such lands.

The Central Empowered Committee (CEC), constituted under Supreme Court orders, was tasked with assessing the ground situation and submitting a report. In compliance, the CEC submitted two reports—the 2019 CEC Report and the detailed 2025 CEC Report.

Historically, the term "Zudpi" was used in the Central Province Settlement Code of 1889 and became embedded in revenue records from 1912–1917. Due to non-revision of records, such lands continued to be recorded as Zudpi Jungle. The Nistar Act, 1948 defined "Scrub Jungle" as forest growth of four years or less, and customary rights for grazing and collection of jungle produce were granted under it.

Post-independence, as part of agrarian reforms, the Malguzari system was abolished, and Nistar Officers classified lands as Zudpi Jungle or Mothe Zadancha Jungle. Over the years, Zudpi lands were used for public infrastructure and government projects.

Following the enactment of the Forest (Conservation) Act, 1980, and the Supreme Court order dated 12.12.1996, Zudpi lands were deemed forest lands for legal purposes. Various committees, including the Mahajan Committee, Joshi Committee, and an Expert Committee, assessed these lands. The Government of India constituted a High-Powered Committee (HPC) in 1998 which concluded that Zudpi Jungle lands, though referred to as 'jungle,' were unsuitable for forest management in many cases.

The HPC recommended that:

• 92,115 ha of Zudpi lands suitable for forest management should be declared as protected/reserved forest.

• 86,409 ha unfit for forestry should be de-notified and used for public purposes.

• No compensatory afforestation should be required for these.

In response, the Forest Advisory Committee (FAC) recommended Stage-I approval for diversion of 31,192.34 ha subject to conditions. Later, the State Government requested simplified procedures and waivers from NPV obligations. The FAC in 2017 recommended post-facto approval for lands put to non-forestry use prior to 12.12.1996 without NPV.

In its 2025 CEC Report, the Committee collected 141 GB of data and verified records from district collectors. It recommended conditional acceptance of regularisation for certain Zudpi lands and strict actions against post-1996 violations.

"Zudpi Jungle lands shall be considered as Forest Lands for all purposes, whatsoever and the Forest (Conservation) Act, 1980 is applicable on Zudpi Jungle lands."

"Given the peculiar circumstances and significance of Zudpi Jungle lands, as an exception and without treating it as a precedent... the State of Maharashtra shall seek approval under section 2(i) of the Forest (Conservation) Act, 1980..."

"The lands were allotted to landless people for agricultural purposes and public use much before 1996. It is only with the 1996 order that the legal position became clear."

"There was a situation of uncertainty as to whether the said land would be covered by the FC Act, 1980... It is for the first time on 12th December 1996 the position became clear."

"The CEC consists of various experts... The said recommendations contained in the 2025 CEC Report will have to be considered in the background of the historical perspective."

"If the recommendations made by the CEC are not accepted, it will have a devastating effect and lakhs of people who are residing on the said lands for a number of decades will be dishoused."

The Supreme Court disposed of the present IAs with the following directions:

Zudpi Jungle lands shall be considered as Forest lands in line with the order of 12th December 1996 in the present proceedings.

As an exception, and without setting a precedent, Zudpi Jungle lands allotted by competent authority up to 12th December 1996 and not reclassified shall be eligible for deletion from the "List of Forest Areas," subject to approval under Section 2 of the Forest (Conservation) Act, 1980.

The State of Maharashtra shall submit district-wise consolidated proposals. Activities on such lands will be deemed site-specific. Future change of land use is prohibited, and transfers must occur only by inheritance.

Upon receipt of proposals, the Union of India shall approve them without requiring compensatory afforestation or NPV payments.

The Union and State Governments, with CEC approval, must devise a proposal format for diversion of Zudpi Jungle land for non-forestry activities within three months.

For post-12.12.1996 allotments, the State must explain reasons and name the responsible officers. Approval will follow only after punitive actions are taken under Sections 3A and 3B of the Forest (Conservation) Act, 1980.

All unallotted fragmented land parcels (less than three hectares and not adjoining forest) must be declared Protected Forests under Section 29 of the Indian Forest Act, 1927.

SDMs must ensure no encroachments on such parcels. Any post-judgment encroachments will be the SDM's responsibility.

If the State requires these lands for non-forestry purposes, it must follow the Forest (Conservation) Act, 1980. Such lands cannot be diverted to non-governmental entities.

A Special Task Force must be set up in each district to remove encroachments and commercial allotments post-25.10.1980 within two years. These officers are to be exclusively assigned this task.

The Revenue Department shall transfer any remaining portion of the 7,76,767.622 ha to the Forest Department within one year. This land will be used only for compensatory afforestation.

The CEC will monitor the transfer. Zudpi lands will only be used for compensatory afforestation upon Chief Secretary certification of non-availability of non-forest land, with afforestation on double the land area.

The direction in the 15th May 2025 judgment (In Re: Construction of Multi Storeyed Buildings in Forest Land Maharashtra) is reiterated. Chief Secretaries and UT Administrators must constitute SITs to examine forest land misuse.

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States and UTs must repossess forest land allotted to private parties for non-forestry purposes. Where repossession is not in public interest, land cost must be recovered and used for forest development.

The Court appreciated Shri K. Parameshwar (amicus curiae), assisted by Ms. Kanti, Mr. M.V. Mukunda, Ms. Raji Gururaj, and Mr. Shreenivas Patil. Honorariums were directed: Rs. 5,00,000 to Parameshwar and Rs. 2,50,000 to each assisting counsel.

The Court also acknowledged the extensive effort of the CEC in balancing public and environmental interests. Supreme Court accepted the 2025 CEC Report and issued directions accordingly.

Advocates Representing the Parties:

For the Petitioners: Mr. Pranav Sachdeva, Advocate; Mr. A. Nair, Advocate; Mr. P. Rohit Ram, Advocate

For the Respondents: Mr. Tushar Mehta, Solicitor General; Mr. Apporv Kurup, Additional Advocate General; Ms. Ankita Sharma, Advocate

Case Title: In Re: Zudpi Jungle Lands

Neutral Citation: 2025 INSC 754

Case Number: Writ Petition (C) No. 202 of 1995

Bench: Chief Justice B.R. Gavai, Justice Augustine George Masih

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