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.