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Environmental LawSupreme Court of India

In Re: T.N. Godavarman Thirumulpad v. Union of India (In Re: Zudpi Jungle Lands)

Writ Petition (Civil) · 2025 INSC 1054Decided 25 Aug 2025
W.P.(C) No.-000202-000202-1995 (I.A. No. 191387/2025 in I.A. No. 12465/2019)
Chief Justice · Justice Augustine George Masih

Background

This is a continuation of the long-running Godavarman forest conservation litigation. The State of Maharashtra applied to modify the Court's own judgment of 22 May 2025 concerning "Zudpi jungle lands," seeking relief for small, fragmented land parcels (under 3 hectares, not adjoining forest) and for long-standing encroachments (agricultural use, houses, slums, government colonies and schools) covering about 10,365 hectares as recommended by the Central Empowered Committee (CEC).

Decision Breakdown

The Court declined the State's first request to exempt fragmented land parcels from protected-forest status outright, but clarified that the State can still use such land for purposes permitted under Section 3(2) of the Forest Rights Act, 2006, by following the prescribed procedure. On the second request, the Court accepted the State's plea: it directed that the earlier judgment's restrictions would not apply to encroachments made before 12 December 1996 for agriculture, housing, slums, government colonies and schools covering 10,365.049 hectares, as recommended by the CEC, while later encroachments would still need to be regularized under the stricter procedure set out earlier in the judgment.

Lesson Learnt

Even within strict forest-protection regimes, the Court is willing to carve out protection for genuine, long-settled land use predating a fixed cutoff date, while keeping newer encroachments subject to the full regularization process, showing courts balancing conservation against settled human habitation.

In Re: T.N. Godavarman Thirumulpad v. Union of India (In Re: Zudpi Jungle Lands) – Legal Case Shots | LegalAware