Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1980 Punjab Land Preservation Act 4 and 5 - Forest (Conservation) Act 1900 - ss. 3 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Punjab Land Preservation Act, 1900 - ss. 3, 4 and 5 - Forest (Conservation) Act, 1980 - Status of land - Forest land or non-forest land - Allegation that appellant developed Golf Club in village 'K' in violation of environmental and forest laws, by changing the land use - Writ petition - High Court holding that land notified u/s. 3 of the PLP Act and regulated by prohibitory directions notified u/s 4 and 5 of the PLP Act, is 'forest land' - Direction issued to close down the club and demolish the illegal erected building - Correctness of - Held: Finding of the High Court not correct and set aside - Issue whether the land on which the Golf Club was situated was forest land as on 25.10.1980 irrespective of its classification or ownership, is factual question - High Court should have decided on the basis of Government records as on 25.10.1980 and other materials filed before it - However, High Court instead decided the issue by reference to the provisions of the PLP Act, 1900 and the records of the Forest Department in which the land was shown to be under the Forest Department because the land was closed under the PLP Act, 1900 decades before the enactment of the Forest (Conservation) Act, 1980 which was not correct- Forest. |
Judge | Hon'ble Mr. Justice A.K. Patnaik |
Neutral Citation | 2014 INSC 401 |
Petitioner | B.s. Sandhu |
Respondent | Government Of India & Ors. & Etc. |
SCR | [2014] 6 S.C.R. 329 |
Judgement Date | 2014-05-21 |
Case Number | 4682-4683 |
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