Pune: ‘Forest Land Cannot Be Sold to Builders’ – Supreme Court Cancels Kondhwa’s Richie Rich Society Transfer

Reported by Mubarak Ansari
Kondhwa, 15th May 2025: In a landmark ruling exposing deep-rooted corruption in land allocation, the Supreme Court of India has declared the 1998 transfer of forest land in Pune’s Kondhwa Budruk area illegal. The 11.86-acre land parcel, controversially allotted to a private builder for the Richie Rich housing project, must now be returned to the forest department, the court ordered. A writ petition was filed by the city-based NGO Nagrik Chetna Manch.

The judgment—delivered by Chief Justice of India (CJI) Bhushan R. Gavai in his first verdict since assuming office—unveils a troubling nexus between political leaders, bureaucrats, and real estate developers. “This case is a classic example of how politicians, administrators, and builders conspire to convert forest land into commercial real estate under the guise of resettlement,” observed CJI Gavai in the judgment. The bench also included judges Augustine George Masih and K Vinod Chandran.

The Land in Question
The disputed plot, part of a 32-acre reserved forest notified in 1879 under the Indian Forest Act, was leased for cultivation to the Chavan family on a temporary “Eksali” (yearly) basis in 1968. Although the lease was never renewed, the land (Survey No.21 (old Survey No.20A) remained under unofficial occupation. Decades later, in a controversial move, the Maharashtra Revenue Department approved permanent allotment of the land to the Chavan family in 1998—without central government clearance, a violation of the Forest Conservation Act (1980).

Within months, the land was sold to the Richie Rich Co-operative Housing Society Ltd (RRCHS), led by real estate developer Aniruddha Deshpande. Multi-storey buildings were constructed under the project “Raheja Richmond Park,” with even environmental clearance being granted by the Ministry of Environment and Forests in 2007.

A Web of Violations
Records examined by the court indicate that the forest department had consistently referred to the land as “reserved forest,” while revenue documents misleadingly recorded it as “government grazing ground.” Despite repeated objections from forest officials and a lack of proper de-reservation procedures, the land was quietly diverted for commercial use.

“All this was executed in clear defiance of the law and Supreme Court directives,” said advocate K. Parameshwar, the court-appointed amicus curiae. “It is evident from the evidence that the land was never legally de-reserved and that the private developer had begun transactions long before formal allotment.”
The court further ruled that Richie Rich Housing Society cannot be considered a bona fide purchaser, given that land transfers had already been initiated through development agreements even before official allotment.

Fabricated Documents and Legal Manipulations
In a shocking revelation during the hearings, the court found that a gazette notification presented by the developer to prove that the land was not forest property was forged. Following a CID probe ordered by the court, it was confirmed that the document was not genuine. This finding played a critical role in strengthening the court’s conclusion about fraudulent intent.

“The use of fabricated government records to justify such illegal occupation is not just unethical—it is criminal,” the court noted. The bench added that the developers and government officials involved should be held accountable for breach of public trust.

Wider Implications and National Directives
Recognizing the broader consequences of the case, the Supreme Court instructed all states and Union Territories to audit forest land transfers and return unlawfully diverted parcels to their respective forest departments. “No state authority has the right to lease or assign forest land without the express approval of the central government,” the bench ruled.

The judgement states:
(i) We hold that the allotment of 11.89 ha of Reserve Forest land in Survey No.21 (old Survey No.20A) Kondhwa Budruk in District Pune for agriculture purposes on 28th August 1998 and subsequent permission given for its sale in favour of RRCHS on 30th October 1999 was totally illegal;

(ii) We further hold that Environmental Clearance granted by the MoEF on 3rd July 2007 to RRCHS is illegal and is accordingly quashed and set aside;

(iii) Since the State of Maharashtra has recalled the communication dated 4th August 1998 approving the allotment of the subject land to the ‘Chavan Family’, we uphold the same;

(iv) We direct that the possession of the subject land, which is reserved as a Forest Land, but is in possession of the Revenue Department, should be handed over to the Forest Department within a period of three months from today;

(v) We further direct the Chief Secretaries of all the States and the Administrators of all the Union Territories to constitute Special Investigation Teams for the purpose of examining as to whether any of the reserved Forest Land in the possession of the Revenue Department has been allotted to any private individuals/institutions for any purpose other than the forestry purpose;

(vi) The State Governments and the Union Territories are also directed to take steps to take back the possession of the land from the persons/institutions in possession of such lands and handover the same to the Forest Department. In case, it is found that taking back the possession of the land would not be in the larger public interest, the State Governments/Union Territories should recover the cost of the said land from the persons/institutions to whom they were allotted and use the said amount for the purpose of development of forests; and

(vii) We further direct the Chief Secretaries of all the States and the Administrators of all the Union Territories to constitute Special Teams to ensure that all such transfers take place within a period of one year from today. Needless to state that hereinafter such land should be used only for the purpose of afforestation.