Fragmented Land Parcels To Be Declared Protected Forest; Pre‑1996 Encroachments Up To 10,365.049 Ha Saved

A bench of Chief Justice B.R. Gavai and Justice Augustine George Masih heard an application filed by the State of Maharashtra seeking modification of directions issued by this Court on 22 May 2025 in the continuing matter concerning forest lands popularly known as the Godavarman litigation. The State sought (i)(a) permission to use fragmented land parcels that the Court had directed to be declared protected forest and (i)(b) partial relief to regularize certain encroachments used for houses, agriculture and public utilities to the extent of 10,365.049 hectares.

The Court refused to accede to the first prayer but allowed the second in a limited manner. The Court directed that all fragmented land parcels identified earlier shall be declared as protected forest, while clarifying that the State could seek to use any such parcel only by following the procedure and fulfilling the conditions prescribed under sub‑section (2) of Section 3 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The Court, in its reasoning, observed: The Court also relied on the statutory text, noting that "it is clear from sub‑section (2) of Section 3 of The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 ... that the provisions therein begin with a non obstante clause." In addition, the Court directed insertion of paragraph (x‑a) to paragraph 138 of the 22 May 2025 order, providing that "the directions made in paragraph (x) would not be applicable to the encroachments made prior to 12th December 1996 ... to the extent of 10365.049 hectares," while permitting post‑1996 regularisation only in accordance with existing paragraph 138 clauses.

Background The application arose from the State of Maharashtra's request to modify the Court's prior directions concerning fragmented jungle lands and encroachments in the long‑running Writ Petition (Civil) No. 202 of 1995 (the Godavarman matter). The State sought that fragmented parcels under three hectares and not adjoining any forest be exempted from declaration as protected forest and, separately, that certain encroachments used for agriculture, kuccha and pakka houses, slums, government and Z.P. schools, employee colonies and other public utilities up to 10,365.049 hectares be "saved" from demolition or removal. The Court considered the statutory regime under the Forest Rights Act, 2006 and the report of the Central Empowered Committee (CEC), which had recommended protection of structures for the specified area. The Court rejected the contention that fragmented parcels could be spared from declaration and held that the State must use the FRA mechanism if it sought any change. On the factual question of encroachments, the Court accepted the CEC recommendation and added a carve‑out: encroachments made prior to 12 December 1996 used for specified public and private purposes were excluded from the operation of paragraph 138 to the extent of 10,365.049 hectares, whereas encroachments after that date could be regularized only under the safeguards and procedures enumerated earlier. The application was accordingly disposed of with the insertion of paragraph (x‑a) and the other clarifications recorded by the Court.

Case Details: Case No.: 2025 INSC 1054 (I.A. No.191387/2025 in I.A. No.12465/2019 in W.P.(C) No.202/1995) Case Title: In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors. Appearances: For the Petitioner(s): Not indicated in the order For the Respondent(s): Not indicated in the order