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Supreme Court of India 2017-11-01 disposed

L. Radhakrishnan vs Parakulangara Devaswom & Anr

Bench: 2 — Kurian

In Brief

The Kerala State declined to restore land to respondents, claiming it was ecologically fragile under the 2003 Forest Act. A lower court found this a contempt of court. The Supreme Court held that only a statutory Tribunal can determine whether land is ecologically fragile—not the courts. The State's refusal was not contempt, as it invoked legitimate statutory protections. The Court set aside the contempt finding and dismissed the appeals, directing respondents to pursue the statutory remedy available under Section 10 of the Act before the Tribunal.

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Environmental Law Forest Conservation Administrative Law Contempt of Court Statutory Tribunal Jurisdiction Land Restoration

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