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Supreme Court of India 2023-07-05 allowed

HARI PRAKASH SHUKLA & ORS vs THE STATE OF UTTAR PRADESH & ANR

Bench: 2 — Krishna Murari, Ahsanuddin Amanullah

In Brief

Bhoomidars (landholders) with a permanent lease from 1952 challenged their eviction from land declared as reserved forest. The Supreme Court held that the procedural right to be heard in forest settlement proceedings under the Banwasi Seva Ashram judgment applies to all persons claiming possession of notified forest land, not only SC/ST/OBC communities. The Court also held that the High Court improperly re-appreciated evidence in writ jurisdiction and reversed concurrent findings of lower courts without any grounds of excess jurisdiction or perverse findings. The appellants' possession as established by the Forest Settlement Officer and Additional District Judge was confirmed, and the High Court's eviction order was set aside.

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Forest Law Land Rights Constitutional Law Writ Jurisdiction Administrative Law Evidence and Proof Eviction

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