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NLFS   09 May 2023

Land Acquisition

Is it lawful to protect forest land from acquisition without compensation?


Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     09 May 2023

Karnataka high court in a judgment has noted as follows:

Govt Can't Act As A Robber, Taking Away Private Land Without Compensation Militates Against Constitutional Guarantees: 

The Forest (Conservation) Act, 1980, provides that notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make, except with the prior approval of the Central Government, any order directing- (i) that any reserved forest (within the meaning of the expression “reserved forest” in any law for the time being in force in that State) or any portion thereof, shall cease to be reserved; (ii) that any forest land or any portion thereof may be used for any nonforest purpose; (iii) that any forest land or any portion thereof may be assigned by way of lease or otherwise to any private person or to any authority, corporation, agency or any other organization not owned, managed or controlled by Government; and (iv) that any forest land or any portion thereof may be cleared of trees which have grown naturally in that land or portion, for the purpose of using it for reafforestation.

“non-forest purpose” means the breaking up or clearing of any forest land or portion thereof for any purpose other than reafforestation. The cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops or medicinal plants are also non-forest purpose for the purpose of the FC Act;

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Dr J C Vashista (Advocate)     10 May 2023

What are the facts vis-a-vis your dispute / concern / locus standi ?


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