Telangana Forest department has been able to retain a forest land parcel of over 106 acres on the fringes of Bhupalapally town, in a long drawn case, which went up to the Supreme Court.
The apex court delivered its judgment on Thursday, confirming the ownership of Forest department on the land, and also recommended action against the officials who submitted affidavits favouring private persons who had claimed title on the land.
As per the details of the case shared by the district Forest officials, a person named Mohammed Abdul Qasim had approached the Warangal district court in 1985 claiming rights on the land, situated in Survey No. 171.
In 1994, the court had ruled in favour of the Forest department, which the petitioner challenged in the Telangana High Court. The High Court delivered the judgement in 2018, upholding the lower court’s order.
However, responding to the review petition filed by the appellant, the High Court, in March, 2021, reversed its own earlier order by ruling that Mohammed Abdul Qasim was the genuine owner of the land parcel.
The Forest department filed a special leave petition in the Supreme Court, challenging the High Court’s order. The case came up for hearing in February this year when the arguments on both sides were presented.
The Supreme Court’s order on Thursday observed that it was a classic case where the officials of the State who were expected to protect and preserve the forests in discharge of their public duties clearly abdicated their role.
Also making remarks on the Telangana High Court, the bench comprising Justice M.M.Sundresh, and Justice S.V.N.Bhatti said it was very strange that the High Court which was expected to act within the statutory limitation, “went beyond and graciously gifted the forest land to a private person who could not prove his title”.
“In our considered view, the High Court showed utmost interest and benevolence in allowing the review by setting aside the well merited judgment in the appeal by replacing its views in all material aspects,” read the apex court’s order.
Forest Divisional Officer, Bhupalapally, Krishna Prasad said the disputed land has been in the possession of the Forest department all along, part of which has been developed into an urban forest park.
