T.N. GODAVARMAN THIRUMULPADversusUNION OF INDIA & ORS.

         [2025] 8 S.C.R. 2389 : 2025 INSC 1054

                In Re: Zudpi Jungle Lands
                    (I.A. No. 191387 of 2025
                                In
                     I.A. No. 12465 of 2019
                                In
               Writ Petition (C) No. 202 of 1995)
         In Re: T.N. Godavarman Thirumulpad
                            v.
                  Union of India & Ors.
                         25 August 2025
 [B.R. Gavai, CJI and Augustine George Masih, J.]


                     Issue for Consideration
Issue arose with regards to application filed by State of Maharashtra
seeking modifications in the directions issued by this Court in
the judgment and order dated 22nd May 2025 as regards Zudpi
Jungle Lands.

                            Headnotes†
Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006 – s.3(2) – Directions
by the Supreme Court in the judgment and order dated 22nd
May 2025 as regards Zudpi Jungle Lands – Modifications
sought by State of Maharashtra:
Held: With respect to the direction in para 138(vii) of the judgment
and order dated 22nd May 2025, all such fragmented land parcels
shall be declared as protected forest – If the State desires to use
the said land for any of the purposes mentioned u/s.3(2), the
same can be done only after following the procedure prescribed
therein and subject to fulfillment of the conditions specified
therein – As regards the prayer clause (i)(b), a perusal of the main
judgment would reveal that one of the main reasons why there
was inclination to grant a one-time exemption was that over the
years and on account of apathy of revenue officials, the necessary
revenue entries could not be made – For a long period of time,
the land under consideration has been used for the purpose of
agriculture, kuccha houses, pakka houses, slums, Govt. employees
colonies, Govt. or Z.P. Schools, private schools and other public
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    utilities – Central Empowered Committee in its report itself had
    recommended the protection of such structures to the extent of
    10,365.049 hectares – Thus, the said prayer is allowed, and a
    necessary paragraph is added in the Judgment and order dated
    22nd May 2025. [Paras 5-9]

                               List of Acts
    Scheduled Tribes and Other Traditional Forest Dwellers (Recognition
    of Forest Rights) Act, 2006.

                             List of Keywords
    Modifications; Fragmented land parcels; Central Empowered
    Committee.

                           Case Arising From
    ORIGINAL JURISDICTION: Under Article 32 of The Constitution
    of India
    I.A. No. 191387 of 2025
    In
    I.A. No. 12465 of 2019
    In
    W.P.(C) No. 202 of 1995

                        Appearances for Parties
    Harish N. Salve, A.D.N. Rao, Ms. Aparajita Singh, K. Parameshwar,
    Sr. Advs./A.Cs., Siddhartha Chowdhury, A.C., M.V. Mukunda,
    Ms. Kanti, Shreenivas Patil, Veda Singh, Prasad.
    Advs. for the Petitioner:
    Siddharth Dharmadhikari, Aaditya Aniruddha Pande, Shrirang
    B. Varma, Bharat Bagla, Sourav Singh, Aditya Krishna, Adarsh
    Dubey, Ms. Chitransha Singh Sikarwar, Vijay S. Khamkar, Nishant
    R. Katneshwarkar.

    Advs. for the Respondents:
    Mrs. Aishwarya Bhati, K. M. Nataraj, A.S.Gs., Ms. Madhavi Diwan,
    Ms. Ruchi Kohli, Sr.Advs., Ms. Srishti Agnihotri, Ms. Aishani
    Narain, Atharva Kotwal, D.P. Singh, Ms. Tara Elizabeth Kurian,
    Ms. Anchal Kanthed, Gurmeet Singh Makker, Ms. Suhasini Sen,
[2025] 8 S.C.R.                                                        2391

                       In Re: Zudpi Jungle Lands


     Raghav Sharma, Gaurang Bhushan, Baij Nath Patel, Harish
     Pandey, Ms. Indira Bhakar, Anuj Srinivas Udupa, Krishna Kant
     Dubey, Piyush Beriwal, Neeraj Kumar Sharma, Ms. Mrinal Elker
     Mazumdar, Shashwat Parihar, Mukesh K Verma, Vinayak Sharma,
     Shreekant Neelappa Terdal, Ms. Suhashini Sen, Shyam Gopal,
     Raghav Sharma, Raman Yadav, Dr. N. Visakamurthy.

                Judgment / Order of the Supreme Court

                                  Order

1.   The State of Maharashtra has filed the present application with the
     following prayers:-
           “(i) It is most respectfully prayed that the judgment and
           final order dated 22.05.2025 may kindly be modified as
           follows:-
                (a) That the Direction in para 138(vii) may kindly
                be modified to the extent that ‘Fragmented Land
                Parcels’ instead of being declared as protected
                forest each having an area of less than 3 hectares
                and not adjoining any forest area may be used for
                the purposes referred to in Section 3(2) in Forests
                Rights Act, 2006 or other public uses required by the
                concerned village, Goathan etc.
                (b) That the Direction in para 138(x) may be modified
                to the extent that the encroachments which are in use
                for the purposes of agriculture, kuccha houses, pakka
                houses, slums, govt. employee colonies, govt. or Z.P.
                Schools, private schools to the extent of 10365.049
                hectares may kindly be saved in the manner provided
                under para 138(ii) of the present judgment.
           (ii) Pass such other order/orders as this Hon’ble Court
           deems fit and proper in the facts and circumstances of
           the case.”
2.   Insofar as prayer clause (i)(a) is concerned, we are not inclined
     to entertain the same. However, it is clear from sub-section (2) of
     Section 3 of The Scheduled Tribes and Other Traditional Forest
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     Dwellers (Recognition of Forest Rights) Act, 2006 (hereinafter
     referred to as ‘the said Act’) that the provisions therein begin with
     a non obstante clause.
3.   If the State desires to use any of the fragmented land parcels, which
     we have directed to be declared as protected forest, the State can
     always take recourse to the provisions of sub-Section (2) of Section 3
     of the said Act.
4.   We are therefore not inclined to accept the prayer clause (i) (a) and
     reject the same.
5.   Accordingly, with respect to the direction in para 138(vii) of the
     judgment and order dated 22nd May 2025 is concerned, we direct
     that all such fragmented land parcels shall be declared as protected
     forest. We, however, clarify that if the State desires to use the said
     land for any of the purposes mentioned under sub-Section (2) of
     Section 3 of the said Act, the same can be done only after following
     the procedure prescribed therein and subject to fulfillment of the
     conditions specified therein.
6.   Insofar as prayer clause (i)(b) is concerned, a perusal of the judgment
     and order dated 22nd May 2025 would reveal that one of the main
     reasons why we were inclined to grant a one time exemption was
     that over the years and on account of apathy of revenue officials, the
     necessary revenue entries could not be made. For a long period of
     time, the land under consideration has been used for the purpose of
     agriculture, kuccha houses, pakka houses, slums, Govt. employees
     colonies, Govt. or Z.P. Schools, private schools and other public
     utilities.
7.   The Central Empowered Committee (CEC) in its report itself had
     recommended the protection of such structures to the extent of
     10,365.049 hectares.
8.   In that view of the matter, we are inclined to allow prayer clause (i)(b).
9.   Accordingly, we direct that after clause (x) in paragraph 138 of
     the Judgment and order dated 22 nd May 2025 passed in I.A.
     No.12465/2019 etc. in W.P.(C) No.202/1995 the following paragraph
     is treated to to be added as paragraph (x-a).
          “(x-a) We, however, clarify that the directions made in
          paragraph (x) would not be applicable to the encroachments
[2025] 8 S.C.R.                                                          2393

                           In Re: Zudpi Jungle Lands


             made prior to 12th December 1996 for the purposes of
             agriculture, kuccha houses, pakka houses, slums, govt.
             employees colonies, govt. or Z.P. Schools, private schools
             and other public utilities to the extent of 10365.049
             hectares, as has been observed in the report of the CEC.
             Insofar as any encroachment which has been made after
             12th December 1996, if the State Government desires
             to regularize the same, the same shall be done only in
             accordance with the provisions of clauses (ii) to (vi) of
             paragraph 138 of this judgment.”
10. The application is, accordingly, disposed of.

     Result of the case: Application disposed of.




     †
         Headnotes prepared by: Nidhi Jain