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Supreme Court of India 2020-03-04 allowed

STATE OF GOA vs NARAYAN V. GAONKAR

Bench: 2 — Ashok Bhushan, Navin Sinha

In Brief

The State of Goa appealed against a High Court judgment affirming dismissal of its counter-claim to delete the respondents' names from survey records of forest land (survey No. 11/1, Sulcorna Village). The respondents had claimed ownership while the State maintained the Forest Department's exclusive entry. The Supreme Court held that the respondents' names were improperly added to the records after they had withdrawn their dispute application before the revenue authority in 1975, in violation of statutory procedure. Since the trial court had already rejected the respondents' ownership claim and no appeal was filed, that finding became final. The Court allowed the appeal and directed deletion of the respondents' names from the survey occupant's column, confirming the Forest Department's legal entry based on a 1951 Forest Gazette Notification and a Mining Lease confirming the land's forest status."

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