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Constructions made over years on disputed land can't be razed: Supreme Court

New Delhi: The Supreme Court today held that State cannot be allowed to demolish massive constructions made over the years by declaring the disputed land as a “private forest” after long and inordinate delay.  The

PTI Published : Jan 30, 2014 21:59 IST, Updated : Jan 30, 2014 22:01 IST


The bench also questioned, “Is it not the responsibility of the State to ensure that its laws are implemented with reasonable dispatch and is it not the duty of the State to appreciate that statute books are not meant to be thrown at a citizen whenever and wherever some official decides to do so?”

“Basic principles of good governance must be followed by every member of the Executive branch of the State at all times keeping the interests of all citizens in mind as also the larger public interest,” the bench, also comprising justices Madan B Lokur and Kurian Joseph said.  

The bench delivered the judgement on a batch of 20 appeals where the principal question for consideration was whether the mere issuance of a notice under the provisions of Section 35(3) of the Indian Forest Act, 1927 is sufficient for any land being declared a “private forest” within the meaning of that expression as defined in Section 2(f) (iii) of the Maharashtra Private Forests (Acquisition) Act, 1975.

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