Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Forest Act 1927: s. 4 – Declaration of reserved forest |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Indian Forest Act, 1927 (16 of 1927) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Forest Act, 1927: s. 4 – Declaration of reserved forest – Forestinhabitants – Right to be heard by Forest Officer – On facts, landin possession of the appellants-bhoomidars, declared as reservedforest – Initiation of eviction drive against the appellants – ForestSettlement Officer held that the appellant had a rightful claim overthe said land – Writ petition by the Forest Department – Allowed bythe High Court and directed eviction of the appellants – Reviewpetition there against also dismissed – On appeal, held: Right offorest inhabitants to be heard on the claims by the Forest Officer isnot restricted only to certain forest communities – Right to be heard,must be granted to all claiming possession of the subject land, andthe substantial right of possession can be granted or denied duringthe said hearing, by the competent authority – Right to enjoypossession of any land notified u/s. 4 is not only limited to Adivasicommunities and other forest dwelling communities, but is also basedon proof of residence, date of original possession, etc – Right toinhabit the said lands is not restricted only to certain communities –Appellants are not from a backward community and nor do theyclaim to be so, thus, have right to be heard by the Forest Officer –Furthermore, the concurrent findings of the lower courts neitherperverse, nor the said courts have over stepped their jurisdiction –Re-appreciation of evidence done by the High Court while exercisingits inherent powers u/Art. 226, bad in law and is liable to be struckdown – Thus, the impugned order and judgment not liable to besustained and is set aside – Constitution of India, 1950 – Art. 226 . |
Judge | Hon'ble Mr. Justice Krishna Murari |
Neutral Citation | 2023 INSC 600 |
Petitioner | Hari Prakash Shukla & Ors. |
Respondent | The State Of Uttar Pradesh & Anr. |
SCR | [2023] 10 S.C.R. 1001 |
Judgement Date | 2023-07-05 |
Case Number | 9697-9698 |
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