Supreme Court of India · 2006-02-14
M.C.Mehta vs Union Of India & Ors
- Court
- Supreme Court of India
- Petitioner
- M.C.Mehta
- Respondent
- Union Of India & Ors
- Author
- Arijit Pasayat
- Bench
- Lokeshwar Singh Panta, C.K. Thakker, Arijit Pasayat
Judgment text excerpt
The Supreme Court addressed the legality of a communication from the Divisional Forest Officer regarding areas declared as 'forest' under Sections 4 & 5 of the Punjab Land Preservation Act, 1900. The Court held that the earlier decision in M.C. Mehta v. Union of India (2004) does not apply retrospectively to constructions initiated before the Conservation Act, emphasizing that the 1971 Act's provisions must be considered. The Court clarified that the applicants' cases were not excluded from consideration, and the communication's implications were examined in light of existing legal frameworks.