SC Directs States, UTs To Handover Lands To Forest Dept Within A Year
The apex court emphasised that the executive, acting under the doctrine of public trust, cannot abdicate the natural resources and convert them into private ownership.
By Sumit Saxena
Published : May 15, 2025 at 7:49 PM IST
New Delhi: The Supreme Court on Thursday deplored the nexus between the politicians, bureaucrats and builders involved in converting the precious forest land for commercial purposes and emphasised that the executive acting under the doctrine of public trust cannot abdicate the natural resources and convert them into private ownership, or for commercial use.
The apex court directed states and union territories (UTs) to hand over the possession of lands which are recorded as "forest land" from the revenue department to the forest department. The apex court also directed the chief secretaries to constitute special teams to ensure that all such transfers take place within one year from today (Thursday).
A bench led by Chief Justice of India B R Gavai and comprising justices Augustine George Masih and K Vinod Chandran passed the direction in a judgment on reserved forest land in Pune. "The aesthetic use and the pristine glory of the natural resources, the environment and the ecosystems of our country cannot be permitted to be eroded for private, commercial or any other use unless the courts find it necessary, in good faith, for the public good and in public interest to encroach upon the said resources," the bench observed.
The CJI in the 88-page order said the present matter is a classic example as to how the nexus between the politicians, bureaucrats and the builders can result in the conversion of precious forest land for commercial purposes under the garb of resettlement of people belonging to the backward class from whose ancestors, agricultural land was acquired for public purpose. "It appears that the then minister for revenue and the then divisional commissioner had given a go-bye to the doctrine of public trust. The facts appearing on the record are glaring," said the CJI.
In the current case, the bench directed that the possession of the subject land, which is reserved as forest land but is under the revenue department, should be handed over to the forest department within three months.
Against the backdrop of the instant case, the CJI said, "We, therefore, find that it is necessary that a direction needs to be issued to all the state governments and the UTs to hand over the possession of the lands which are recorded as 'forest land' from the revenue department to the forest department".
The bench directed the chief secretaries of all states and the administrators of all the UTs to constitute special investigation teams (SITs) to examine whether any of the reserved forest land in the possession of the revenue department has been allotted to any private individuals/institutions for any purpose other than forestry.
The bench directed states and UTs to initiate steps to take back possession of the land and hand over them to the forest department. "In case, it is found that taking back the possession of the land would not be in the larger public interest, the state governments/union territories should recover the cost of the said land from the persons/institutions to whom they were allotted and use the said amount for development of forests," the CJI said.
"We further direct the chief secretaries of all states and the administrators of all the UTs to constitute special teams to ensure that all such transfers take place within one year from today. Needless to state that hereinafter such land should be used only for afforestation," he added.
The apex court said this court in unequivocal terms has held that the executive, acting under the doctrine of public trust, cannot abdicate the natural resources and convert them into private ownership, or for commercial use. It added that the report of the central empowered committee (CEC) would also reveal that there is material to show that many of the forest lands have been allotted to private individuals/institutions for non-forestry purposes.
"Any such allotment after December 12, 1996, i.e., the date on which the directions were given by this court in the present proceedings, would not be sustainable in law," said the bench. The bench said it would, therefore, be imperative that wherever it is possible to take back the possession of such land, the state or UT should do so and hand over the possession to the forest department for forestry.
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