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Supreme Court of India 2024-04-18 allowed

THE STATE OF TELANGANA & ORS vs MOHD. ABDUL QASIM (DIED) PER LRS

Bench: 2 — M. M. Sundresh, S. V. N. Bhatti

In Brief

Between 1950–1959, village Kompally was surveyed. In 1971, the government declared the suit land (106.34 acres) as reserved forest. The respondent, who claimed ownership, sought rectification under land revenue law. The trial court granted title but denied injunction; the High Court reversed, holding the land was forest property and dismissing the suit. On review, the High Court reversed itself, partly on new evidence from a district committee formed after the decree. The Supreme Court held that the High Court exceeded review jurisdiction by re-hearing the case on merits. Once forest proceedings concluded under the Forest Act in 1971, they were final; subsequent revenue proceedings could not reopen them. Proper parties (Forest Settlement Officer, State Forest Department) were not impleaded, and the plaintiff failed to prove title. The Court allowed the appeal, restored the High Court's earlier judgment, and emphasized that forests constitute a national asset protected by constitutional mandate.

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Forest Law Constitutional Law Andhra Pradesh Forest Act 1967 Land Revenue Review Jurisdiction Civil Procedure Environmental Protection Public Trust Doctrine Sustainable Development

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