M.C. MEHTA versus UNION OF INDIA & ORS.

M.C. MEHTA versus UNION OF INDIA & ORS.

Land closed under notification dated 18th August, 1992 issued under PLP Act is forest land; construction activities post-notification are illegal and must be demolished; those invested in land are to be compensated, and applicants must bear environmental rehabilitation costs under Polluter Pays Principle.

Parties
Petitioner: M.C. Mehta; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
11 September 2018
Procedural Posture
Writ Petition (civil) / Final Disposal of Interlocutory Applications and Substantive Orders
Outcome
Applications disposed of with substantive orders
Legal Topics
Forest Land Classification, Environmental Protection, Polluter Pays Principle, Unauthorised Construction, Notification Under Punjab Land Preservation Act, 1900, Review Petitions and Procedural Nomenclature
Environmental Law Practice and Procedure Forest Land Classification Environmental Protection Polluter Pays Principle Unauthorised Construction Notification Under Punjab Land Preservation Act, 1900 Review Petitions and Procedural Nomenclature

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Parties

M.C. Mehta

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (civil) / Final Disposal of Interlocutory Applications and Substantive Orders

Legal Issues

  1. 1 Whether land notified under Punjab Land Preservation Act, 1900 is to be treated as 'forest' and 'forest land'.
  2. 2 Legality of construction activities carried out on notified land after issuance of notification under PLP Act.
  3. 3 Relief to persons who invested and constructed post notification.

Ratio Decidendi

Land closed under notification dated 18th August, 1992 issued under PLP Act is forest land; construction activities post-notification are illegal and must be demolished; those invested in land are to be compensated, and applicants must bear environmental rehabilitation costs under Polluter Pays Principle.

Court Disposition

Applications disposed of with substantive orders

Orders

  • All constructions made after 18th August, 1992 on Kant Enclave are illegal and must be demolished by 31st December, 2018.
  • R. Kant & Co. to fully refund investments with 18% per annum interest to those conveyed land post-notification.