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.