The Supreme Court has clarified that 102 acres of disputed land located in Survey No. 201/1 of Gurramguda forest area under Hayathnagar mandal of Ranga Reddy district belongs to the Telangana government.
A bench comprising Justice Pankaj Mithal and Justice SVN Bhatti delivered the verdict on Thursday, setting aside the Telangana High Court’s earlier ruling in favour of the descendants of Salarjung III, Mir Jafar Ali Khan, Nawab Syed Abdul Wahib, and Nawab Syed Abdul Hameed.
The apex court noted that the claimants had failed to establish ownership of the land as a private estate purchased by Salarjung III in 1833. It further held that the land vested with the government following the abolition of jagirs in 1954.
Claim petition by descendants of Salarjung III
The descendants of Salarjung III had first filed a claim petition on November 30, 2005, before the Forest Settlement Officer (FSO), asserting that the land was exempt from the 1971 forest notification under Sections 4, 6, and 10 of the Forest Act.
Though the FSO initially rejected their claim in 2010, it was later accepted in 2014. Subsequent judgments by the district court in 2016 and the High Court in 2023 upheld the descendants’ claim.
However, the Forest Divisional Officer challenged these decisions in the Supreme Court on April 20, 2023. After hearing arguments from both sides, the bench ruled that the claim petitions were time-barred and that the FSO lacked authority to condone such delay.
The court observed that despite this, the FSO had “liberally” accepted the claims, which were beyond the scope of powers granted under Section 10 of the Forest Act.
“The claimants failed to prove title over the land. With the abolition of jagirs, the land was vested with the government. The orders of the FSO dated October 15, 2014, as well as the subsequent judgments of the district court and the High Court, are hereby set aside,” the bench stated.
SC notes alarming decline in green cover in Hyderabad, Secunderabad
Noting the alarming decline of green cover in urban areas, including Hyderabad and Secunderabad, the Supreme Court directed the Telangana chief secretary to immediately take action. The bench ordered that the land be declared a protected forest area under Section 15 of the Telangana Forest Act within eight weeks and that the relevant orders be filed with the court registry.
The court further remarked that revenue records regarding the disputed property had been tampered with and fake entries made.
It criticised the lower authorities for approving the claim without examining key documents such as the sale deed, government exemption orders from jagir abolition, and relevant rulings from the Nizam’s Atiyat Court.
