IN RE: CONSTRUCTION OF MULTI STOREYED BUILDINGS IN FOREST LAND MAHARASHTRA versus

IN RE: CONSTRUCTION OF MULTI STOREYED BUILDINGS IN FOREST LAND MAHARASHTRA versus

The allotment (4 Aug 1998 and Collector order 28 Aug 1998) of 11.89 ha of land recorded as Reserved Forest (Survey No.21, old No.20A) to the Chavan family and the subsequent permission/transfer/sale and environmental clearance to RRCHS were illegal and unsustainable because they violated Section 2 of the Forest (Conservation) Act, 1980, ignored forest department records and communications, the doctrine of desuetude did not apply, RRCHS was not a bona fide purchaser, and the doctrine of public trust was breached; therefore the allotment and environmental clearance are quashed and possession must be returned to the Forest Department with further directions to investigate and remediate.

Parties
Petitioner: T.N. Godavarman Thirumulpad; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
15 May 2025
Procedural Posture
Civil Original Jurisdiction (article 32) / Judgment
Outcome
Writ petition and interlocutory applications disposed of.
Legal Topics
Reserved Forest, Forest (conservation) Act, 1980 S.2, Doctrine of Desuetude, Doctrine of Public Trust, Environmental Clearance, Bona Fide Purchaser, Allotment of Alternate Land, Afforestation
Forestry Law Environmental Law Administrative Law Property Law Reserved Forest Forest (conservation) Act, 1980 S.2 Doctrine of Desuetude Doctrine of Public Trust +4 more

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Parties

T.N. Godavarman Thirumulpad

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Civil Original Jurisdiction (article 32) / Judgment

Legal Issues

  1. 1 Whether the subject land is forest land
  2. 2 Whether the Divisional Commissioner and State Government were justified in allotting the subject land to the Chavan family
  3. 3 Whether the doctrine of desuetude applies to the subject land/statute

Ratio Decidendi

The allotment (4 Aug 1998 and Collector order 28 Aug 1998) of 11.89 ha of land recorded as Reserved Forest (Survey No.21, old No.20A) to the Chavan family and the subsequent permission/transfer/sale and environmental clearance to RRCHS were illegal and unsustainable because they violated Section 2 of the Forest (Conservation) Act, 1980, ignored forest department records and communications, the doctrine of desuetude did not apply, RRCHS was not a bona fide purchaser, and the doctrine of public trust was breached; therefore the allotment and environmental clearance are quashed and possession must be returned to the Forest Department with further directions to investigate and remediate.

Court Disposition

Writ petition and interlocutory applications disposed of.

Orders

  • Allotment of 11.89 ha of Reserve Forest land in Survey No.21 (old Survey No.20A) Kondhwa Budruk in District Pune for agriculture on 28.8.1998 and subsequent permission for sale to RRCHS on 30.10.1999 declared totally illegal.
  • Environmental Clearance granted by MoEF to RRCHS on 3.7.2007 quashed and set aside.