Supreme Court Rejects Salar Jung III Heirs' Claim To Forest Land In Telangana

The Supreme Court on Thursday delivered a major verdict upholding the rights of the Telangana Forest Department over 102 acres of forest land in Ranga Reddy district, rejecting ownership claims made by individuals asserting to be "heirs" of Salar Jung III.

The ruling concerns a long-standing dispute over land in Sahebnagar Kalan, where three persons had claimed ownership as legal heirs or nominees of Salar Jung III, a prominent figure in Hyderabad's history who was appointed Prime Minister under the Nizam's rule in 1912.

A bench comprising Justices Pankaj Mithal and SVN Bhatti directed that the land be declared a reserved forest within eight weeks. The court observed, "It is a matter of common knowledge that lung spaces are shrinking in all cities, and the twin cities of Hyderabad and Secunderabad are no exceptions."

Of the claimants, two persons claimed to be the surviving sons of late Abdullah, the maternal uncle of Salar Jung III. Another claimant, Mir Jaffer Ali Khan, stated that he was the surviving nominee appointed by the court to deal with cases relating to the properties of late Salar Jung III.

The order is significant as the High Court and the lower courts had earlier ruled in favour of the three claimants, recognising their ownership over the 102 acres of land.

In its judgment, the Supreme Court held that an intrinsic examination of the documents relied upon by the claimants did not establish that the land was a self-acquired property of Salar Jung III. The bench noted that following the abolition of Jagirs, the land stood vested in the government.

Recalling historical developments, the court referred to September 1948, when the Indian Army commenced Operation Polo, resulting in the surrender of the Nizam of Hyderabad. The State of Hyderabad subsequently became part of the Union of India, and in 1949, the Jagir Abolition Regulation was promulgated, leading to the abolition of all Jagirs in the erstwhile state.

"Having admitted that at the first instance, the estate of Salar Jung-III was divested of its entitlement and possession through a valid regulation, accepting such scanty records/copies of letters for retransfer in favour of the estate of Salar Jung-III is highly improbable, and acceptance of such a claim is nothing short of a perverse recording of a finding," the verdict read. 

The court further said that the claim of an alleged assignee of Salar Jung III was untenable, observing that a Jagirdar, apart from having a life interest, does not have the right of alienation or assignment.

The Supreme Court also found that the revenue records relied upon by the claimants had been tampered with and contained incorrect and fudged entries.

"The proceedings under the Telangana Forest Act cannot go thus far to unsettle the proceedings initiated under Jagir Abolition Regulation, Jagir Abolition Commutation, and the Abolition of Inams Act," the court clarified while setting aside the high court order. 

"In fine, we hold that the claim of right through the sale deed, release order from Jagir Administration, adjudication by Nizam Atiyat Court of the Claimants has been accepted either through non-consideration of the documents filed by the Claimants, its legal effect vis-a-vis the government, and/or by exceeding the jurisdiction of inquiry under Section 10 of the Telangana Forest Act," the court said.

Holding that the subject land has been government land, the Supreme Court ruled that the proposals for final notification under Section 15 of the Telangana Forest Act had been validly instituted.