INDIALEAD

NGT orders Rajasthan to return 2.9087 hectares of forest land in Jaipur

Jaipur, Sep 28 (IANS) The National Green Tribunal’s (NGT) Bhopal Central Zone Bench on Monday directed the Rajasthan Forest Department to take possession of 2.9087 hectares of forest land in Khasra No. 7/2 of Beer Papad village in Jaipur tehsil, which is recorded in the name of the Department.

The order was passed in Original Application, Kamal Kant Tiwari vs. Union of India & Ors., by a bench comprising Justice Sheo Kumar Singh, Judicial Member, and Sudhir Kumar Chaturvedi, Expert Member.

The order was uploaded on September 16, 2026, after the hearing was completed and the order was reserved on September 8.

The application concerned allegations regarding the use of forest land for an industrial area by the Rajasthan State Industrial Development and Investment Corporation Limited (RIICO).

The Tribunal examined revenue records, departmental survey material and other documents placed before it.

The Tribunal noted that Khasra No. 7/2, measuring 2.9087 hectares, was recorded in the name of the Forest Department.

It also said that the material before it indicated development of an industrial area on the land, while no material had been produced establishing a valid transfer of the specific Khasra in favour of RIICO.

The NGT held that forest land cannot be used for non-forest purposes without the requisite approval of the Central government under the Forest (Conservation) Act, 1980.

The Tribunal directed the Rajasthan Principal Chief Conservator of Forest Arijit Banerjee and the Rajasthan Forests and Environment Department Chief Secretary Anand Kumar to take possession of Khasra No. 7/2, measuring 2.9087 hectares, within 30 days.

The Rajasthan Home Department Secretary Bhaskar A. Sawant was directed to provide necessary administrative assistance and, where required, force to facilitate the handing over of the land to the Forest Department and its subsequent protection.

The Rajasthan Principal Chief Conservator of Forest was also directed to fix responsibility and initiate a departmental inquiry against officials posted in the area who allegedly failed to discharge their duties to protect the forest land.

The Tribunal awarded litigation costs of Rs 50,000 to the applicant. Of this, Rs 30,000 is to be paid by RIICO and Rs 20,000 by the Forest Department within 30 days of communication of the order.

The NGT also referred to the statutory framework governing reserved forests and the requirement of prior Central government approval for diversion of forest land for non-forest purposes.

It considered principles laid down by the Supreme Court in various cases, including T.N. Godavarman Thirumulpad vs. Union of India.

The Tribunal emphasised the need to protect forest resources and referred to the Public Trust Doctrine, under which natural resources such as forests are held by the state in trust for the benefit of the public and future generations.

With these observations and directions, Original Application, along with pending interlocutory applications, if any, was disposed of.

–IANS

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