National Green Tribunal
Nishikant Jadhav vs State Of Maharastra on 16 January, 2026
Item No. 02 Pune Bench
BEFORE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
[THROUGH PHYSICAL HEARING (WITH HYBRID OPTION]
I.A. No.03/2026(WZ)
in
Original Application No.02/2026(WZ)
Nishikant Jadhav Applicant
Versus
State of Maharashtra & Ors. Respondent(s)
Date of hearing: 16.01.2026
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Ramteke Bodhi Sham, Mr. Mrinall Sahshi S Chakravorty a/w Mr. Drupad
Malik, Advs for Applicant.
ORDER
1. In the present original application, issue of diversion and conversion of two land parcels in Nagpur i.e. Khasra No. 175, Mouza Dabha, and Khasra No. 13/3, Mouza Futala has been raised. It is submitted that both these survey numbers are recorded as Zudpi Jungle' proof of which is annexed at page no.61 which is 7/12 extract pertaining to survey no.175 showing it as shrub forest (Zudpi Jungle) recorded in the name of Panjabrao Krishi Vidyapeeth, Akola- College of Agricultural, Nagpur with total area of 23.68 ha and at page no. 65 is the 7/12 extract, survey no.13/3 I the name of same owner, area being 23.06 ha which too is recorded as Zudpi Jungle.
2. Learned Counsel for the applicant has drawn our attention to the judgment delivered by Hon'ble Supreme Court in Zudpi Jungle Lands: I.A. No.12465 of 2019 with I.A. No. 98194 of 2019, I.A. No. 127871 of 2020 with I.A. No. 127874 of 2020 with I.A. No. 44062 of 2025 WITH I.A. Nos. 66986 AND 74569 OF 2025 in Writ Petition (C) NO. 202 OF 1995: IN: T.N. 1 Godavarman Thirumulpad vs. Union of India and Ors. dated 22.05.2025 wherein para 138 following is held:
"138. In the result, the present IAs are disposed of in the following terms:
(i) It is directed that the Zudpi Jungle lands shall be considered as Forest lands in line with the order of this Court dated 12th December 1996 in the present proceedings;
(ii) In the peculiar facts and circumstances of the present case, we direct that as an exception, and without the same being treated as a precedent whatsoever for any matter, the Zudpi Jungle lands allotted by the competent authority up to 12 th December 1996 and for which land classification has not been changed, the State of Maharashtra shall seek approval under Section 2 of the Forest (Conservation) Act, 1980 for their deletion from the "List of Forest Areas" .........."
3. Having drawn attention of the above Judgment of the Hon'ble Supreme Court, the Learned Counsel urges that any diversion from the Zudpi Jungle lands for any other purposes such as construction, projects etc., permission would be required under Section 2 of the Forest (Conservation) Act, 1980 which in the present case has not been taken by proponent.
4. At this stage we required from the Learned Counsel for the applicant as to who is the person who is raising construction on the above-mentioned land, he said he has not made it specifically clear in his pleadings, we stop dictating order at this moment and direct him to file additional pleading as to who are the persons who are raising the constructions.
5. Two days' time is prayed for. We allow the same and direct the Registry to place this matter for further consideration on Admission on 20.01.2026.
Dinesh Kumar Singh, JM Dr. Afroz Ahmad, EM January 16, 2026 I.A. No.03/2026(WZ) in Original Application No.02/2026(WZ) JG 2