“This opinion is fortified by a series of events that have taken place between 1957 and 2006, beginning with the consent decree of Janaury 8, 1962 in the Suit of 1953 whereby the disputed land was recognized as not being forest land; permission to construct a large number of buildings (both residential and otherwise) as per the Development Plans of 1967 and then of 1991.
“Exemptions granted by the Competent Authority under the Urban Land (Ceiling and Regulation) Act, 1976 leading to Godrej making unhindered but permissible constructions; and finally, the absence of any attempt by the State to take possession of the ‘forest land' under Section 5 of the Private Forests Act for a couple of decades,” the bench said.
Keeping away the allegation of collusion between authorities and developers, the bench said, “It is difficult at this distant point of time to conclude, one way or the other, whether there was or was not any collusion (as alleged) or whether it was simply a case of poor governance by the State.”
