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may 2008

Supreme Court of India · 2008-05-14

M.C.Mehta vs Union Of India & Ors

Citation / case number
AIR 2008 SC (SUPP) 2003
Court
Supreme Court of India
Petitioner
M.C.Mehta
Respondent
Union Of India & Ors
Author
Arijit Pasayat
Bench
Arijit Pasayat, C.K. Thakker, Lokeshwar Singh Panta

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 decision in M.C. Mehta v. Union of India (2004) does not apply retrospectively to constructions initiated before the Forest Conservation Act, 1980, and emphasized that the 1971 Act's provisions must be considered. The Court clarified that the earlier judgment does not exclude the applicants from consideration, thus upholding the need for compliance with forest regulations while recognizing prior developments.

M.C.Mehta vs Union Of India & Ors · Niyam