In yet another controversial case of private forest land diversion, over 60 hectares (150 acres) have been deforested off the Karnala Fort under Bhadbhuvan (previously Sarsai) village in Uran, Navi Mumbai, without prior permission from the Union government. Documents accessed by TOI reveal that the then Panvel sub-divisional officer (SDO) passed an order on August 22, 2024, designating four different survey numbers as private land.
Background of the Case
A previous Panvel SDO, Pandurang Magdum, had rejected a similar exemption application on May 25, 2012. Questions are now being raised as to why his successor allowed the diversion of private forest land in 2024, ignoring the earlier rejection. Successors of two local residents and a Satara resident had applied for the exemption, which was granted by the SDO without obtaining prior approval from the Union government.
Environmental Impact
Excavation activities have already started on parts of the private forest land, destroying the ecosystem around the periphery of the Karnala Bird Sanctuary. After allocation of about 7 hectares to the Konkan Railway Corporation Ltd, the remaining 60 hectares remain in possession of the private forest land owners. The four forest land survey numbers range between 11.80 hectares and 17.12 hectares each.
Legal Framework
The present owners applied for exemption under Section 3(2) of the Maharashtra Private Forests (Acquisition) Act, 1975, and its amendment before the SDO in Panvel. However, Section 2 of the Forest (Conservation) Act, 1980, restricts state government authorities from diverting forest land for non-forest purposes without prior permission from the Centre.
Advocate Rajendra Madhavi alleged, “In this case, the SDO passed the order without obtaining prior sanction of the Union government. Further, the SDO passed an order on the same issue that was rejected by one of his predecessors. This is against service conduct rules.” Madhavi added, “Only his higher authority, the district collector, has the power to hear the appeal. The Alibaug forest division did not go for an appeal before the collector to the best of my knowledge.”
Response from Forest Department
The deputy conservator of forests, Alibag division, was a respondent to the decision. The area falls under the range forest office in Pen. Deputy Conservator of Forest, Alibaug division, Rahul Patil, said, “Guidance has been sought from our chief conservator of forests office on the next course of action, including going for an appeal.”
