National Green Tribunal
Parashram Ravtmina vs State Of Madhya Pradesh Through Its ... on 26 September, 2025
Item No.01
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.159/2024(CZ)
(I.A. No.83/2025)
IN THE MATTER OF:
Parashram Ravtmina,
S/o Shri Heerala Ravtmina,
R/o Post Lasur, Gram Madawada,
Ward-06, Tehsil Jawad, Neemuch (M.P.),
Applicant(s)
Versus
1. State of Madhya Pradesh,
Through its Principal Secretary
(Forest), MP Mantralaya, Vallabh
Bhavan, Bhopal (MP) Respondent No.01
2. Principal Chief Conservator of
Forest & Head of Forest Force,
Madhya Pradesh Forest
Department, Satpuda Bhawan, 1st Respondent No.02
Floor, Bhopal,
3. Collector, Office of Collector,
District Neemuch, (MP) Respondent No.03
4. Principal Secretary,
Government of Madhya Pradesh,
Department of Industrial Policy &
Investment Promotion,
Mantralaya, Vallabh Bhawan, Respondent No.04
Bhopal, (MP)
5. SEIAA, through its Chairman,
Office at Paryavaran Parisar, E-5,
Arera Colony, Bhopal (MP) Respondent No.5
District Forest Officer,
6. Office of District Forest Officer,
District Neemuch, (MP)
Respondent No.6
M/s Sunlite Alkaloids Pvt. Ltd,
7.
Plot No. 292/46, Shop No. 151,
Patel Plaza, Neemuch City,
Respondent No.7
Neemuch, Neemuch, (MP)
1
O.A. No.No.159/2024(CZ) Parashram Rvtmina Vs. State of Madhya Pradesh & Ors.
COUNSELS FOR APPLICANT(S):
Mr. Dharamvir Sharma, Adv.
COUNSELS FOR RESPONDENT(S):
Mr. Prashant M. Harne, Adv. for State of MP
Ms. Parul Bhadoria, Adv. for MPPCB.
Mr. Om Shankar Shrivastava, Adv. for R-7
CORAM:
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE MR. SUDHIR KUMAR CHATURVEDI, EXPERT MEMBER
Date of completion of hearing and reserving of order : 25.09.2025
Date of uploading of order on website : 26.09.2025
JUDGMENT
1. The issues raised in this application are :-
i. Allocation and transfer of land by the State Authorities in favor of Department of Industry, Policy and Investment Promotion, Madhya Pradesh for establishment of new industrial area, ii. Mutation and transfer of the land by Tehsil Jawad, District Neemuch in favor of Industry, Policy and Investment Promotion, Madhya Pradesh, iii. Renumbering of plots by the Revenue Department, iv. Cancellation of the allotment of the land and the order dated 26.12.2023 passed by District Collector, Neemuch, Madhya Pradesh in Case No. 0235/A-20(3)/2023-2024.
2. Learned counsel for the Applicant has argued that the plot numbers were recorded as area under the Forest Act and has been notihed vide notification dated 01.06.1985, later on while above proceedings and report of Nayab Tehsildar dated 22.03.2024, it is transferred to Department of Industry, Policy and Investment Promotion, Madhya Pradesh. The Department of Forest and Revenue are to explain as to how this land was transferred from the Forest Department.
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3. The matter was taken up by this Tribunal and notices were issued to the Respondents. In response to the notices, reply have been filed.
4. During the course of hearing, a Joint Committee consisting; representatives of the Principal Chief Conservator of Forest, Principal Secretary, Revenue Department, Govt. of M.P., and Madhya Pradesh Pollution Control Board, was constituted with direction to submit the factual and action taken report. Accordingly, the report has been filed.
5. Heard the learned counsel for the parties and perused the records.
6. Learned counsel for the Applicant has argued that the plot numbers were recorded as area under the Forest Act and has been notified vide notification dated 01.06.1985, later on while above proceedings and report of Nayab Tehsildar dated 22.03.2024, it is transferred to Department of Industry, Policy and Investment Promotion, Madhya Pradesh. The Department of Forest and Revenue are to explain as to how this land was transferred from the Forest Department.
7. Submission of the Learned Counsel for the Applicant are that vide Gazette Notification dated 01.06.1985, State of Madhya Pradesh in exercise of its power conferred by Section 4 of the Indian Forest Act, 1927 declared to constitute the land specified in the subjoined schedule as "Reserved Forest" and to direct that the situation and limit of lands to be reserved shall be as described in the Schedule. Therefore, the village blocks, area in acres and boundaries prescribed in the Notification were declared as "Reserved Forest Land". The relevant Reserved Forest is situated at Village Janakpur, Lasur Forest Division, Ratangarh Forest Range, Tehsil Jawad, District Mandsaur (now District Neemuch) at the relevant time and is shown at Page no. 2282 of the Notification. It is pertinent to mention here that as per name of the forest division and village included in it along with Khasra no. and area shown with its boundaries cannot be used for any 3 O.A. No.No.159/2024(CZ) Parashram Rvtmina Vs. State of Madhya Pradesh & Ors. other purpose(s) other than forestry. The Gazette Notification issued by State of Madhya Pradesh vide dated 01.06.1985 along with list of Khasra no. (survey no.) and its area at village Janakpur, Tehsil Jawad, District Neemuch (earlier Mandsaur).
8. As per Section 2 of the Forest (Conservation) Act, 1980, a forest land cannot be de-reserved or used for non-forest purpose without the prior approval of the Central Government. Section 4 of the Amendment Act, 2023 further reads as follows:
"4. After section 1 of the principal Act, the following section shall be inserted, namely:-- '1A. (1) The following land shall be covered under the provisions of this Act, namely:--
(a) the land that has been declared or notified as a forest in accordance with the provisions of the Indian Forest Act, 1927 or under any other law for the time being in force;
(b) the land that is not covered under clause (a), but has been recorded in Government record as forest, as on or after the 25th October, 1980".
9. Section 2 of the Forest (Conservation) Act 1980 states as follows: -
"2. Restriction on the de-reservation of forests or use of forest land for non-forest purpose. -- Notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make, except with the prior approval of the Central Government, any order directing--(i) that any reserved forest (within the meaning of the expression "reserved forest" in any law for the time being in force in that State) or any portion thereof, shall cease to be reserved: (ii) that any forest land or any portion thereof may be used for any non-forest purpose. Explanation. -- For the purposes of this section "non-forest purpose" means the breaking up or clearing of any forest land or portion thereof for any purpose other than reafforestation.
10. In the case of T.N. Godavarman Thirummulpad v. Union of India AIR 1997 SC 1228 held that the subjects `forest' and `protection of animals and 4 O.A. No.No.159/2024(CZ) Parashram Rvtmina Vs. State of Madhya Pradesh & Ors. birds' are in the concurrent list of the Constitution and it is the fundamental duty of every citizen of India under Article 51A(g) of the Constitution to protect and improve the natural environment including forests, lakes, rivers and wildlife. The Hon'ble Supreme Court stated that :-
"In view of the meaning of the word "forest" in the Act, it is obvious that prior approval of the Central Government is required for any nonforest activity within the area of any "forest". In accordance with Section 2 of the Act, all on-going activity within any forest in any State throughout the country, without the prior approval of the Central Government, must cease forthwith."
The Hon'ble Supreme Court further added that -
".........Accordingly, any such activity is prima facie violation of the provisions of the Forest (Conservation) Act, 1980. Every State Government must promptly ensure total cessation of all such activities forthwith."
11. In Fomento Resorts and Hotels Ltd. v. Minguel Martins (2009) 3 SCC 571, held that :-
"The public trust doctrine enjoins upon the Government to protect the resources for the enjoyment of the general public rather than to permit their use for private ownership or commercial purposes. This doctrine puts an implicit embargo on the right of the State to transfer public properties to private party if such transfer affects public interest, mandates affirmative State action for effective management of natural resources and empowers the citizens to question ineffective management thereof."
12. This Tribunal constituted a committee consisting representative of the Principal Chief Conservator of Forest, Principal Secretary, Revenue Department and Madhya Pradesh Pollution Control Board but the members of the committee failed to reach any conclusive conclusions with 5 O.A. No.No.159/2024(CZ) Parashram Rvtmina Vs. State of Madhya Pradesh & Ors. regard to nature of the land and how it was re-located and how it was denotified after notification under the Forest (Conservation) Act, 1980 noted above. The Divisional Forest Officer, Division Bench, Division Neemuch has submitted the detailed report with the facts that the notification dated 01.03.1955 published in Madhya Pradesh Shasan Gazette dated 03.03.1955 under Madhya Bharat Abolition of Jagirs Act, Samvat 2008, the area was notified and after that in accordance with the provisions contained in Section 4 and 20 of the Indian Forest Act, 1927, the village of Janakpur was included in the Reserve Forest. There were 26 plots total admeasuring 176.932 hectare. Government of India vide letter no. 8-31/2004-FC dated 20.08.2024 in compliance of the order of the Hon'ble Supreme Court in Writ Petition (C) No. 337/1995 has banned dereservation of forest. The Government of Madhya Pradesh, Forest Department has also issued circular dated 20.04.2005 regarding dereservation of forest and banned it.
13. It is further submitted that, in accordance with the notification dated 25.07.1986, the land is in Compartment No. RF-89 of Beat Basedibhati of Forest Block Lasur according to the map of the prevailing forest working plan (toposheet) and the map of Survey of India. It is further submitted that, the allotted land is in possession of protected forest from the date of notification.
14. It is further contended by the Learned Counsel for the applicant that renumbering of the plots and deforestation or lease and exercise thereon in the year 2023-2024 done by the Revenue Authorities are in contravention of Indian Forest Act, 1927 and Indian Forest (Conservation) Act, 1980.
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15. It is further contended that in the allotment order dated 18.01.2024 issued by the MP Industrial Development Corporation Limited, Regional Office, Indore, the area as noted is as follows :-
• On the East Government Land
• On the West Government Land
• On the North Road
• On the South Government Land.
16. This classification and identification is controversial and not clear and it has not been made on any plot number. On the basis of above specification, anyone may occupy any land at anywhere and this is not only defect but it is negligence on the part of issuing authority with certain ulterior motive to defraud the State, causing loss to the State Government and Forest Department.
17. An I.A. No.83/2025 has been moved by the learned counsel for the applicant with the facts that the area is within the forest notified area and within the control of Forest Department and the Divisional Forest Officer has specifically communicated that it is within the possession of the forest land and it has been wrongly leased out to other departments in violation of forest rules and thus, further construction should be prohibited till the period the matter is not finalized by the committee.
18. The matter was taken up by this Tribunal on 05.09.2024 and after hearing the parties, the Tribunal observed as follows :-
i. Learned Counsel for the State Pollution Control Board has filed the compliance report with the facts that the members of the Joint Committee were not on one page with regard to the nature of land and thus separate report has been filed.
ii. The matter is serious in nature and thus, we direct that the copy of the report submitted by the Forest Department be forwarded to Chief Conservator of Forest, Secretary (Revenue) and Principal 7 O.A. No.No.159/2024(CZ) Parashram Rvtmina Vs. State of Madhya Pradesh & Ors.
Secretary Department of Industrial Policy and Industrial Promotion to hold a joint meeting at any point of time to go through the reports of the different departments and submit the conclusive report with regard to the nature of land. The point for determination are as follows:
a) Once the land has been notified as forest land, how it was taken without any order of State/Forest Department.
b) Allotment of order by the MPRDC dated 18.01.2024 communicated by letter no.1040 has no reference of any plot no.
c) Identification and demarcation of the land, which has been notified as forest land."
19. Learned counsel for the State has submitted that a High Level Committee headed by Principal Secretary, Government of Madhya Pradesh, and the Secretary, Urban Department, was considering for taking necessary measures. The submission and submission and observations of the Joint Committee are as follows:-
i. During the inspection, the officials of the Revenue Department and Forest Department had different opinion regarding the nature of land. Since the opinions of officials of Revenue Department, Neemuch and Forest Department, Neemuch were different regarding issues raised in petition, Therefore the consolidated Joint Committee Report could not be prepared. However, separate reports have been submitted by the Revenue Department and Forest Department.
ii. That since, the M.P. Pollution Control Board is the nodal agency in the present case therefore the individual reports submitted by the concerned departments are being filed before that Hon'ble Tribunal through this reply.
iii. That the reply of the Additional District Magistrate, District Neemuch (Revenue Department) through letter no. 100/ADC/2024 8 O.A. No.No.159/2024(CZ) Parashram Rvtmina Vs. State of Madhya Pradesh & Ors.
dated 03.09.2024 to the issues raised in the original application is attached as Annexure-B. iv. That the report/reply submitted by Divisional Forest Officer, Division Neemuch through letter no. 5327 dated 02.09.2024 to the issues raised in the original application is attached Annexure - C. v. That the photographs of the inspection of site dated 28.08.2024 by the Joint Committee are attached as Annexure-D. vi. That it is pertinent to mention that the land in question has been allotted to M/s Sunlite Alkaloids Pvt. Ltd. through an Allotment Order dated 18.01.2024 passed by Madhya Pradesh Industrial Development Corporation Limited, Regional Office Indore. The land has been given on lease for 99 years for the purpose of setting up of a Phytochemical/Alkloids Extraction Unit (Active Pharmaceutical Ingredient). The copy of the allotment order and the lease deed is attached as Annexure-E. vii. That the google map of the site is attached as Annexure-F. viii. That the MP PCB most humbly submits that since the issues raised in the OA is related to the Revenue and Forest Departments, Therefore in the interest of equity and justice it would be appropriate to appoint any of these Departments as nodal agency for the further proceedings, since MP PCB has no jurisdiction in the land related issues."
20. The District Magistrate vide order dated 03.09.2024 passed the allotment order as follows:-
"Office of Upper Collector Dist. Neemuch M.P. No 102./ADC/2024 Neemuch, Date 03/09/2024 Το Regional Officer, Madhya Pradesh Pollution Control Board Regional Office Ujjain 9 O.A. No.No.159/2024(CZ) Parashram Rvtmina Vs. State of Madhya Pradesh & Ors.
Subject :- Allotment of Revenue Land of Village Janakpur Tehsil Jawad Dist. Neemuch to MPIDC
1. Madhya Pradesh Gazette dated 25th July 1986, is annexed as Annexure-1. In which Surveyy number wise publication of declaration of forest land was done in total 13 villages of forest block Lasur of Tehsil Jawad in which total 26 Surveyy nos. of village Janakpur were declared as forest land.
2. Above mentioned gazette notification 26 khasra no. with total area 176.932 was declared as reserved forest in Village Janakpur.
3. When the forest authorities apply for updating revenue records as per gazette to Forest Settlement officer then it came to light that there are many typing mistakes in gazette like Survey number 479 is a private land since year 1945 (missle bandobanst) and is far away from forest land, Survey number 495/515 does not exist in village janakpur the last Survey number is 492/515 and also so many Survey numbers have less area according to misssłe bandobast year 1945 or samvat 2002 but erroneous area has been written in gazette the detail of Survey number and area according to missle bandobast year 1945 and ownership recorded in khasra is as follows:- 10
O.A. No.No.159/2024(CZ) Parashram Rvtmina Vs. State of Madhya Pradesh & Ors. 11 O.A. No.No.159/2024(CZ) Parashram Rvtmina Vs. State of Madhya Pradesh & Ors.
4. To verify the error in Survey number and their rakba, a joint team of sdm/forest settlement officer(FSO) jawad and forest department visited the site on dated 16/5/2000 for updating revenue records as per gazette.FSO/SDM has issued order no. 1410/RE/2000 Jawad dated 01.08.2000 in which all, the typing error which were published in gazette is duly rectified and during exercise, total 124.04 hactare (176.922 ha.-51.742ha.-0.732ha (private land)]were actually found against notified total area of 176.922 hectare The report of above verification of year 2000, which is duly signed by halka patwari (revenue depart.)and van parishetra sahayak (forest depart)
5. The renumbering of 26 Surveyy no. of Village Janakpur was started in the year 1992 and settlement was finalized in the year dated 2001-02.
6. As per renumbering list Khasra no. 479, 490 and 491 becomes Khasra no. 610,631 and 630 respectively. While Khasra no. 489, 492 to 513, 492/515 and other Khasra added to constitute Khasra no. 632 with rakba 158.690 hectares.
7. The land Surveyy no. 632 has two parts in total out of which 632/1 area is 124.04 hectares and other part 632/2 area is 34.650 hectares. The red line showing Demarcated area between revenue and 12 O.A. No.No.159/2024(CZ) Parashram Rvtmina Vs. State of Madhya Pradesh & Ors.
forest area was drawn on sheet no. 2/2 year 1991- 92 which was signed on dated 14.03.2005 by Forest Ranger Jawad Shri J.C. Chaudhary with remark "डाली गयी लाल वन सीमा लाइन से सहमत" is annexed. According to the red line drawn-on the map, the Forest Department has determined its boundary by fencing the spot with wire.
8. The total area 124.04 hectares of Surveyy no. 632/1 was transferred to Forest Department while Surveyy no. 632/2 total area of 34.650 hectares is remained with the Revenue Department.
9. The Surveyy no. 632/2 is further divided into three part i.e. 632/2/1 rakba 3.350 hectare, 632/2/2 rakba 14.60 hectare and 632/2/3 rakba 16.70 hectare.
10. Collector, Neemuch vide their order dated 26.12.2023 in case number 0235/ अ- 20(3)/2023- 24/ janakpur/Jawad allotted Surveyy no. 625 rakba 1.00 hectare out of 1.990 hectare (मद गैर मुमकिन), Surveyy no. 626 rakba 2.420 hectare (मद िा. िा.) and Surveyy no. 632/2/2 rakba 14.600 hectare out of 34.650 hectare (मद शा. भूकम) to Industrial Policy and Investment Promotion Department aggregating total rakba of 18.02 hectare at Village Janakpur, Tehsil Jawad, Distt. Neemuch.
13 O.A. No.No.159/2024(CZ) Parashram Rvtmina Vs. State of Madhya Pradesh & Ors.
11. In above mentioned point no. 10 Surveyy no.
625/1 is made by combining former number 483 and 486 and Surveyy no. 626 įs made by combining former number 148, 149 and 147 are already under the possession of Revenue Department which also not mentioned in the notification.
12. M.P Industrial Development Corporation Limited Regional Office, Indore vide letter no.
MPIDC/RO/IND/UD LAND/2024/1640 dated
18.01.2024 allotted the undeveloped land
admeasuring area of 18.02 hectare at Village
Janakpur, Tehsil Jawad, Distt. Neemuch to M/s Sunlite Alkaloids Pvt. Ltd. Neemuch.
13. SDM Revenue, Tehsil Jawad, Distt. Neemuch submitted their report.
14. On 30/05/2024 when forest ranger illegally entervene in the revenue land Survey number 625,626 for stopping the factory construction, then a superimposed map of revenue and forest land on same scale being prepared by recently inspector and patwari to verify the correctness of forest map compartment 89 of beat basedi bhati (scale 1/15000) is superimposed on revenue map covering four revenue village namely Jankpur, Morwan, Dadoli, Jagepur Hada (scale 14 O.A. No.No.159/2024(CZ) Parashram Rvtmina Vs. State of Madhya Pradesh & Ors.
1/3600,1/4000) superimposed map is attached as annexure 4 After superimposing following points are clear which are as follows:-
A. Compartment number 89 covers Survey number 632/1 area 124.04 ha.which is already a forest land.
B. Compartment number 89 covers so many revenue land which not at all being allotted to forest department The Survey numbers are as follows:-
15
O.A. No.No.159/2024(CZ) Parashram Rvtmina Vs. State of Madhya Pradesh & Ors. 16 O.A. No.No.159/2024(CZ) Parashram Rvtmina Vs. State of Madhya Pradesh & Ors.
C. Some government buildings such as BSNL tower, panchayat bhawan gram panchayat morwan, doodh dairy,power grid station are built on compartment 89, and commercial activities like dhabas, brick construction is alse going on in compartment 89.
D. Compartment number 89 also cover jagepur hada land Survey number 106/2 106/3, 106/4 106/5, 106/8 Το 106/17, 107/2 to 107/12 which is mentioned in above Table is purely a revenue land in which 29 SC, ST category pattedharis have patta but 27 of them are restricted to occupy the land by forest officials till date.
From the above superimposed map, it can be illustrated that the maps of forest department showing different compartment being made taking huge area against the allotted area or it can be said that they have illegal 17 O.A. No.No.159/2024(CZ) Parashram Rvtmina Vs. State of Madhya Pradesh & Ors.
possession over the revenue land or they have wrong maps and the forest authorities did not know the base year from which the current forest map has been made.
15.On 31st august 2024, again revenue and forest department officially visited the site and after going through boundary, ,map and gazette, came on conclusion that there were errors in gazette which was published in 1985 and both the departments agreed to rectify the errors For rectification, process of denotification proposal will be jointly send to the government The panchnama prepared on 31/08/24 is being signed by SDM revenue jawad, SDO forest, naib tehsildar. jawad, deputy ranger forest jawad, beet guard forest.
16. A file is found in janakpur patwari' office on 2nd sept 2024 in which the documents of publication by the then FSO under sec 20 (उदघोषणा, संलगन सवे नंबरों िी सूची) which was Signed by the then FSO on 14-03-1965 in which the survey number and area is correctly written.
Above Documents Reveals thet FSO has done the Correct exercise and wrote the rakba in bigha and biswa but the publication in gazette has typing mistake and the rakba published in gazette is in Hectares.
As per information's and documents annexed above the land allotted to M/s Sunlite Alkaloids Pvt. Ltd. Neemuch is never handed over to the Forest Department during the settlement and is a revenue land whole land and is in continuous possession of Revenue Department since 1920 18 O.A. No.No.159/2024(CZ) Parashram Rvtmina Vs. State of Madhya Pradesh & Ors.
Joint proceedings of revenue and forest department are ongoing to send proposal for denotification of gazette published in 1986 to rectify the typing errors."
21. Learned counsel for the Department of Forest has submitted that:-
1. According to the records, by the Government of Madhya Bharat Shashan Gazette notification No 1101/XF/203(54), Gwalior dated 01st March 1955, (Published in Madhya Bharat Shashan Gazette dated 03rd March 1955) in this notification such lands in the ex-
Jagirdari and ex-Zamindari areas of Madhya Bharat, have been recorded as forests resumed under the Madhya Bharat Abolition of Jagirs Act, Samvat 2008 and the area concerned and as are not included in the reserved forests to be Protected Forests.
After than According to the records, by the Government of Madhya Pradesh notification No. 9893-6398-X-64 Bhopal dated 17- 08-1964, an area of 8852.34 acres was notified as reserved forest under the Indian Forest Act 1927, Section 4, in the current Neemuch Division. Mr. Dongar Singh, Deputy Collector, was appointed as the Forest Settlement Officer under Section 06. After completing all the formalities, under Section 20 of the Indian Forest Act 1927, the area was declared a reserved forest by the Government of Madhya Pradesh notification No.5/52/ 85/ NL/3 dated 01-06-1985 (published in the M.P. Gazette on 25-07-1986), including the village Janakpur.
As per Madhya Pradesh Gazette Notification dated 25th July 1986 Following 26 Khasra nos. with their area 176.932 hec. of Village Jankpur of Forest block Lasur, were declared as Reserved forest.
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2. After completion of the settlement process by erstwhile FSO Mr. Donger Singh, Deputy collector in matters of settlement no role of present FSO remains.
By the above mentioned gazette notification 26 khasra no. with total area 176.932 was declared as reserved forest of Village Janakpur by the Government of Madhya Pradesh notification No. 5/52/85/NL/3 dated 01-06-1985 (published in the M.P. Gazette on 25-07-1986) Despite this fact, According to the records, it has been known from the letter No. 206/Reader-2/2024 dated 22-03-2024 of the Nayab Tehsildar, Jawad, that the following Notified 26 survey numbers with their area 176.932 hec. of the Village Janakpur Reserved Forest block Lasur (published on 25-07-1986) in the year 2000-2001 were altered by the Sub divisional Revenue Officer, Jawad vide his order No. 1410/Ri/2000 Dt. 01.08.2000. The renumbering List of Khasra nos. and respective areas provided by the Nayab Tehsildar Jawad Vide his letter No. 206/Reader-2/2024 Jawad Dt. 22.03.2024 after the notification of reserved forest block Lasur. The comparative situation is as follows:- 20
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The renumbered Khasra No. 632 and their area 124.04 Нес. are germinated from original gazette (Published on 25-07-1986) notified Khasara No. 492 to 495/515 with their notified area.
By letter number 302/R.T.C./2024 dated 21.05.2024 of Collector District Neemuch, a joint team of Forest and Revenue Department was constituted and for joint demarcation proceedings to investigate the legality of the land situated in village Janakpur, on 31.05.2024, a joint spot verification was done with Sub-Divisional Officer Jawad, Naib Tehsildar Jawad, Revenue Inspector Dadouli Circle 1 and 2, Patwari, Sub-Divisional Forest Officer Neemuch, Technical Officer Forest Department, Forest Range Officer Jawad and other forest staff. In which the staff of Revenue Department and Forest Department presented the actual situation regarding the allotted land on the basis of their records. The allotted, land comes under the compartment number 89 of Beat Basedibhati of reserved forest block Lasur and according to the map of the prevailing forest working plan (toposheet) and the map of Survey of India, the allotted land is found within the boundary of reserved forest block Lasur. 21
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The allotted land of reserved forest block Lasur is under the control of forest department, being compartment number RF 89 of beat Basedibhati. The protection of forest in the said area is being done by the forest officers of respondent number 2 and 6 through subordinate staff such as forest guard beat guard Lasur, range assistant and range officer Jawad and with the help of concerned village forest committee. On finding illegal activity on the forest land of reserved forest compartment number 89, range officer Jawad has registered Preliminary Forest Offence Report (P.O.R) number 3568/17 dated 30.05.2024 under section 26 (1) ि, छ of Inidan Forest Act 1927, And According to the section 4(1) - (A) * 1(a) the Forest Conservation Act 1980 Amendment Act 2023 the land declared or notified as a forest in accordance with the provisions of the Indian Forest Act, 1927 or under any other law for the time being in force.
As per the letter of Government of India /8-31/2004-FC dated 20.08.2004, the hon'ble Supreme Court Vide its order dated 13.11.2000 in writ petition (C) No. 337 of 1995 has banned dereservation of forest. Also Vide the Circular no./F-25/54/2009/10- 3 Dt. 20.04.2005 of Govt. of M.P. Forest Department, in view of above Superme Court Order dereservation of forest has been banned.
3. As per information and document provided by DFO Neemuch the alloted land is reserved forest of forest block Lasur as notified by the Government of Madhya Pradesh notification No. 5/52/85/NL/3 dated 01-06-1985 (published in the M.P. Gazette on 25-07-1986) and the alloted land is in Compartment No RF 89 of Beat Basedibhati of Forest Block Lasur according to the map of the prevailing forest working plan (toposheet) and the map of Survey of India. By the order of The Collector Neemuch, 0235/A-20(3)/2023-24 dated 26.12.2023, survey number 625 area of 1.990 hectare situated in village Janakpur, 1.00 hectare out of survey number 626 area of 2.420 hectare, survey number 632/2 area of 34.65 hectare out of 14.60 hectare, total area 18.02 hectare land has been allotted to Industrial Policy and Investment Promotion Department Bhopal. Out of which survey number 625 area of 1.990 hectare and 626 area of 2.420 hectare are not included in the notification of reserved forest block Lasur. Survey number 632 is basically made up of survey numbers 489, 492 to 513 and 495/515. with their rakba 124.04 hec. The allotted land of the renumbered Survey No 632/2 Area 14.06 Hec. is forest land as per original notified survey number which was notified 22 O.A. No.No.159/2024(CZ) Parashram Rvtmina Vs. State of Madhya Pradesh & Ors.
by the Government of Madhya Pradesh notification No. 5/52/85/NL/3 dated 01-06-1985 (published in the M.P. Gazette on 25-07-1986)
4. DFO Neemuch has wrote to the SDM Jawad Tehsil Jawad to provide the copy of order no. 1410/RE/2000 Jawad dated 01.08.2000.
5. The copy of this order is not provided by Revenue Department to the Joint Inspection team. The renumbering of 26 survey nos. of Village Janakpur wasstarted in the year 1992 and settlement was finalized in the year dated 2001-02. The list of renumbering after the notificcation of reserved forest block Lasur, is provided by the Nayab Tehsildar Jawad Vide his letter No. 206/Reader-2/2024 Jawad Dt. 22.03.2024.
6. As per renumbering list Khasra no. 479, 490 and 491 becomes Khasra no. 610,631 and 630 respectively. While Khasra no. 489, 492 to 513, 492/515 and other Khasra added to constitute Khasra no. 632 with rakba 158.690 hectares.
7. The survey no. 632/2 is further divided into three part i.e. 632/2/1 rakba 3.350 hectare, 632/2/2 rakba 14.60 hectare and 632/2/3 rakba 16.70 hectare. Survey number 632 is basically made up of survey numbers 489, 492 to 513 and 495/515. with their rakba 124.04 hec. The allotted land of the renumbered Survey No 632/2 Area 14.06 Hec. is forest land as per original notified survey number which was notified by the Government of Madhya Pradesh notification No. 5/52/85/NL/3 dated 01-06-1985 (published in the M.P. Gazette on 25-07-1986).
8. As per information and document provided by DFO Neemuch the Area of 14.60 hec of Khasra no 632/2 (After Division of the Renumbered Khasra No 632) alloted land is Reserved Forest Land of Reserved Forest Block Lasur as notified by the Government of Madhya Pradesh notification No. 5/52/85/NL/3 dated 01-06-1985 (published in the M.P. Gazette on 25-07-1986) and the alloted land is in Compartment No RF 89 of Beat Basedibhati of Forest Block Lasur according to the map of the prevailing forest working plan (toposheet) and the map of Survey of India. The Alloted land is in possesion of 23 O.A. No.No.159/2024(CZ) Parashram Rvtmina Vs. State of Madhya Pradesh & Ors.
from the date of notification No. 1101/XF/203(54) as protected forest."
22. The copy of the allotment by the MP Development Corporation has given the area which has been annexed as Annexure- dated 18.01.2024 and thereafter a lease deed was executed between the parties. In the ID of the property Survey No.625/1, 626, 623/2/2 Village-Janakpur is recorded as agricultural land which subject to allotment according to rules. Later on, the Principal Secretary, Industrial Policy, OSD, Government of Madhya Pradesh and Secretary Revenue held the high level meeting and decided as follows:-
"It is submitted that, in light of the findings recorded in the aforesaid joint report of the Collector, Neemuch, and the DFO, Neemuch, the matter was placed before the High- Level Committee for consideration in its meeting held on 30.07.2025. After deliberations amongst the concerned departments, the following resolution was unanimously adopted:
"Out of the total land allotted to the industrial unit by the Department of Industrial Policy and Investment Promotion, Madhya Pradesh, 2.53 hectares were identified as forest land. An application for diversion of the said forest land shall be filed by the competent authority on behalf of the Department of Industrial Policy and Investment Promotion on the Government of India's Parivesh portal. In lieu of the forest land proposed to be diverted, an equivalent extent of 2.53 24 O.A. No.No.159/2024(CZ) Parashram Rvtmina Vs. State of Madhya Pradesh & Ors.
hectares of revenue land shall be transferred to the Forest Department, and the conditions of diversion, as stipulated under law, shall be duly complied with. The Collector, Neemuch, and the DFO, Neemuch, shall jointly identify and finalize the revenue land to be handed over to the Forest Department. The three concerned departments have expressed their concurrence with the aforesaid proposal and have agreed to submit a comprehensive report before this Hon'ble Tribunal accordingly."
23. It is further submitted that in strict compliance with the decision taken by the High-Level Committee, the Department of Industrial Policy and Investment Promotion, Government of Madhya Pradesh, has submitted an application for diversion and allocation of the aforesaid 2.53 hectares of forest land for industrial purposes on the Parivesh Portal of the Ministry of Environment, Forest and Climate Change (MoEF&CC), Government of India. The said application was submitted on 03.08.2025 and has been duly registered under Proposal No. FP/MP/IND/545900/2025.
24. In view of the above facts, both the counsel have agreed that the State has taken a policy decision in concurrence of all the Departments and the matter has been moved before the Government for taking decision according to rules.
25. Since the matter is pending before the State Government for taking decision, thus the matter of allotment/lease being in the jurisdiction of the State Government, being a policy matter, and this Tribunal does not feel it appropriate and just to intervene in the matter. We expect that the 25 O.A. No.No.159/2024(CZ) Parashram Rvtmina Vs. State of Madhya Pradesh & Ors. Respondents have to take a justified decision according to rules within a reasonable time.
26. It is directed to ensure that in future no forest land is diverted for non- forest purposes by any authority without permission of the Government of India as per the provisions of Forest (Conservation) Act, 1980.
27. With these directions and observations, the Original Application No.159/2024(CZ) alongwith I.As stand disposed of accordingly.
Sheo Kumar Singh, JM Sudhir Kumar Chaturvedi, EM 26th September, 2025, Original Application No.159/2024(CZ) (I.A. No.83/2025) AK 26 O.A. No.No.159/2024(CZ) Parashram Rvtmina Vs. State of Madhya Pradesh & Ors.