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Supreme Court of India 2021-02-10 partly_allowed

THE CONSERVATOR AND CUSTODIAN OF FOREST & ORS vs SOBHA JOHN KOSHY & ANR

Bench: 3 — Ashok Bhushan, R. Subhash Reddy, M.R. Shah

In Brief

Forest land in Wayanad, Kerala was claimed vested under the 1971 Act but declared exempt by High Court judgment. When restoration proved impossible, the State offered compensation but later notified it as ecologically fragile land under the 2003 Act, which bars compensation. The Supreme Court held that although the 2003 Act extinguished ownership rights without compensation, owners remain entitled to compensation for wrongful deprivation of possession from 1971–2003. The Court awarded 50% of the Tehsildar's assessed land value, balancing statutory prohibition against the injustice of 45 years of deprivation of established rights and land benefits.

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Forest Law Land Vesting Compensation Property Rights Administrative Law Statutory Construction

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