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Supreme Court of India 2025-05-15 dismissed

Bench: 3 — B.R. Gavai, Augustine George Masih, K. Vinod Chandran

In Brief

This judgment concerns the illegal allotment of 11.89 hectares of Reserved Forest Land in Pune to the 'Chavan Family' in 1998, who subsequently transferred it to a housing developer (RRCHS) for commercial construction. The Supreme Court held that the land validly retained its Reserved Forest status under the 1878 Act and could not be allotted without Central Government approval under the 1980 Forest Conservation Act. The Court rejected arguments based on the 'doctrine of desuetude' and 'bona fide purchaser' status, finding that the 'Chavan Family' was merely a front for the developer. The allotment violated the public trust doctrine requiring the State to protect forests for public benefit. The Court quashed the allotment and environmental clearance, directing transfer of the land to the Forest Department and establishing procedures for nationwide investigation of similar illegal forest land allotments by Revenue Departments.

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Environmental Law Forest Conservation Constitutional Law (Article 32) Public Trust Doctrine Administrative Law Land Law

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