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january 2011

Supreme Court of India · 2011-01-12

State Of Jharkhand & Ors vs Pakur Jagran Manch & Ors

Citation / case number
AIR 2011 SUPREME COURT 675
Court
Supreme Court of India
Petitioner
State Of Jharkhand & Ors
Respondent
Pakur Jagran Manch & Ors
Author
R.V.Raveendran
Bench
H L Gokhale, R V Raveendran

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the State of Jharkhand lacked authority to construct a hospital on land designated as gochar under Section 38(1) of the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949. The Court emphasized that the denotification of the gochar land was invalid as it did not comply with the statutory requirements of maintaining 5% of the village area as gochar. The Court affirmed the High Court's ruling that the consent of the village community does not override the statutory protections afforded to gochar land.

State Of Jharkhand & Ors vs Pakur Jagran Manch & Ors · Niyam