Supreme Court · 2006 INSC 240 · Decided 24 April 2006

State of Kerala and ORS. v. Sunil Kumar and ORS.

Court
Supreme Court of India
Citation
2006 INSC 240 · [2006] SUPP. 1 S.C.R. 199
Case number
CIVIL APPEAL No. 4678/2006
Decided
24 April 2006
Bench
ARIJIT PASAYAT, TARUN CHATTERJEE (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 226; Forest Conservation Act Section 2

Headnote

Forest Conservation Act, 1980-Section 2-Encroachment of forest /and-State Government rejecting request of encroachers to grant them lease A B of encroached lands-Prior approval of Central Government for rejection of C request-Requirement of-Held: Such approval was not required by the State non-forest purpose. The predecessor of respondent was leased an extent of land. However, they encroached upon adjacent portions of that land. Appellant-State D Government decided to regularize and grant respondent lease of encroached lands. However, thereafter as the Forest Conservation Act,

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