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Supreme Court of India 2018-09-11 dismissed

M.C. Mehta vs Union of India & Ors

Bench: 2 — Madan B. Lokur

In Brief

The Supreme Court held that land notified under the Punjab Land Preservation Act, 1900 (PLP Act) in Haryana must be treated as forest land. The applicant R. Kant & Co. illegally constructed a residential complex (Kant Enclave) on forest land notified under the PLP Act in August 1992, violating statutory prohibitions and Court orders protecting the Aravalli hills. The Court rejected arguments that construction was permitted and ordered demolition of structures built after notification. The Court applied the Polluter Pays Principle, requiring the applicant to deposit Rs. 5 crores for environmental rehabilitation and compensate duped purchasers.

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Environmental Law Forest Conservation Land Use Regulation Aravalli Hills Polluter Pays Principle Public Interest Litigation Environmental Degradation Administrative Law

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