Nagpur: The Forest Advisory Committee (FAC), a statutory body under the MoEFCC, has asked the state government to move Supreme Court to seek permission to get area of zudpi jungle land out of the purview of definition of ‘forest’.
The FAC recommendation comes after government’s move to divert 381.63 hectares zudpi land under encroachments in Nagpur district. Of this, 276.73 hectares fall in Saoner and remaining 104.90 hectares in Nagpur city. For the first time such proposals had come before the FAC on June 19.
Diversion of 216.33 hectare zudpi land of 70 villages in Saoner falls under Category I (public purpose & infrastructure) while 60.40ha land of 42 villages and 104.90ha land of 32 villages in Nagpur city and district falls under Category II (encroachments excluding commercial purpose).
All these lands were diverted for non-forestry purposes by the revenue department until Supreme Court ruled in TN Godavarman case in 1996 that the word ‘forest’ must be understood according to its dictionary meaning.
The proposals were discussed by FAC last month and minutes of the meeting were released recently.
Even as the state panel’s latest report on zudpi jungle has recommended that these lands are not forests, and hence are out of the purview of Forest (Conservation) Act, 1980, the FAC view is exactly the opposite.
FAC after thorough deliberation and discussion with APCCF & nodal officer of Maharashtra, observed that a lot of ambiguity exists on the status of zudpi jungle land, particularly with respect to applicability of FCA.
The state government had been regularly contesting to simplify the procedural requirement for diversion of all such land. On the request of Maharashtra, the guidelines issued on March 4, 2014 on ‘simplified procedures for submission of cases pertaining to zudpi land’ were issued by MoEFCC.
Based on these meetings, compensatory levies for all such proposals of Category I & II have already been exempted on the request of state government by different administrative orders of the ministry.
FAC has said that state is also requesting to keep the right of diverted zudpi jungle land for future diversion with them and wish to change the status of land as revenue land.
“However, to simplify the existing procedural requirement beyond a particular limit as requested by the state government will tantamount to the dilution of the spirit of FCA 1980. These are the general conditions imposed in any forest land diversion proposals which upheld the spirt of FCA,” the committee has said.
In this backdrop, FAC recommended that Maharashtra government may move an application to Supreme Court and seek permission to get area of zudpi jungle land out of the purview of definition of ‘forest’. The proposals were returned to the state government.
The state wants diversion of 86,409ha zudpi land, which is not suitable for forest management, out of the ambit of FCA, 1980 and be allowed for any purpose including non-forestry as decided by the revenue department. “However, with the FAC recommendation there is no way but to move the Apex Court.
The issue has also got a political twist with district guardian minister Chandrashekhar Bawankule taking credit to solve the issue. Bawankule did not respond to TOI’s calls.
On the contrary, Saoner MLA Sunil Kedar said, “I’ve been following the issue since 2014 and pushed for preparing proposals as suggested by then environment minister Jairam Ramesh. If at all it comes to gaining political mileage, it would be me. Bawankule should talk about zudpi jungle in Kamptee.”
