Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1980 – s.2 – Punjab Land Preservation Act 1900 [As amended by Punjab land preservation (Haryana Amendment) Act 2019] – s.4 – Forest Act 1927 – Whether a land covered under a special order issued by the State Government u/s. 4 of the PLPA is a ‘forest land’ within the meaning of the 1980 Forest Act – Held: The lands covered by the special orders issued u/s. 4 of PLPA have all the trappings of forest lands within the meaning of s.2 of the 1980 Forest Act and Forest (Conservation) Act therefore |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Forest (Conservation) Act, 1980 – s. 2 – Punjab Land Preservation Act, 1900 [As amended by Punjab land preservation (Haryana Amendment) Act, 2019] – s. 4 – Forest Act, 1927 – Whether a land covered under a special order issued by the State Government u/s. 4 of the PLPA is a ‘forest land’ within the meaning of the 1980 Forest Act – Held: The lands covered by the special orders issued u/s. 4 of PLPA have all the trappings of forest lands within the meaning of s. 2 of the 1980 Forest Act and, therefore, the State Government or competent authority cannot permit its use for non-forest activities without the prior approval of the Central Government w.e.f. 25.10.1980 – Prior permission of the Central Government is the quintessence to allow any change of user of forest or so to say deemed forest land – Even during the subsistence of the special orders u/s. 4 of PLPA, with the approval of the Central Government, the State or a competent authority can grant permission for non-forest use – If such non-forest use is permitted in accordance with s. 2 of the 1980 Forest Act, to that extent, the restrictions imposed by the special orders u/s. 4 of PLPA will not apply in view of the language used in the opening part of s. 2 of the 1980 Forest Act – It is also clarified that only because there is a notification issued u/s. 3 of PLPA, the land which is subject matter of such notification, will not ipso facto become a forest land within the meaning of the 1980 Forest Act. |
Judge | Hon'ble Mr. Justice Abhay.S. Oka |
Neutral Citation | 2022 INSC 737 |
Petitioner | Narinder Singh & Ors. |
Respondent | Divesh Bhutani & Ors. |
SCR | [2022] 15 S.C.R. 1066 |
Judgement Date | 2022-07-21 |
Case Number | 10294 |
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