Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Kerala Private Forest (Vesting and Assignment) Act 1971 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Kerala Private Forest (Vesting and Assignment) Act, 1971 – s.8 – Respondents filed application in the Forest Tribunal u/s.8 for declaration that the lands were not vested forest – Rejected – Eventually, High Court declared that the land did not vest in the Govt. – However, land could not be restored to respondents – Later it was decided that instead of restoration of the land, compensation be paid to land owners whose land could not be restored – Agreed by respondents – Writ Petition filed by the respondents that either they may be restored the original land or compensation be paid as assessed by District Tehsildar – Allowed by Single Judge – Writ appeal dismissed – Held: Subject land is ecologically fragile land and is now vested in the Govt. – As per s.8, 2003 Act in respect of land which is vested in the Govt. u/s.3(1), 2003 Act, no compensation is payable – But the right on land lost by the respondents under 2003 Act shall not wipe out their right to enjoy the possession and yield of the land prior to 2003 enactment, which right was held to be established by the High Court – Respondents entitled to compensation to the extent of 50% of value of the land as computed by Tehsildar and noted in the judgment of Single Judge – Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 – ss.2(b), 3, 4, 8. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2021 INSC 75 |
Petitioner | The Conservator And Custodian Of Forest & Ors. |
Respondent | Sobha John Koshy & Anr. |
SCR | [2021] 2 S.C.R. 94 |
Judgement Date | 2021-02-10 |
Case Number | 414 |
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