State can move central panel on forest land: SC

NEW DELHI: The Supreme Court on Friday allowed the Maharashtra government’s plea to refer to the Central Empowered Committee its application for allowing its proposal to mitigate the woes of least 10 lakh people residing in flats constructed on forest land.

The Bombay high court had held that all constructions on private forest land across the state were illegal and action should be taken under the Indian Forest Act and Forest Conservation Act. Following this, a section of builders as well as aggrieved residents approached the apex court.

At the last hearing, solicitor general Goolam E Vahanvati had indicated that the government was contemplating a scheme to resolve the crisis faced by lakhs of flat owners.

Counsel for the Maharashtra government RK Adsure, who assisted Vahanvati, said the government wanted the CEC to consider its scheme that suggests that no charges should be recovered from those who were settled on these lands prior to 1980, before the state law was enacted.  

However, for those whose residences were completed between 1980 and 2000, afforestation and other charges would be levied at rates prevailing then. For those whose dwellings came up after 2006, charges would be levied at existing rates.

The Supreme Court’s ruling in the ongoing forest cases says land reserved for forest cannot be used for any non-forest activities. If it has to be developed, prior sanction of the Union government and the CEC is mandatory.