Maheshbhai Revabhai Pandya vs State Of Gujarat on 1 May, 2020
(12) Farook Shaikh vs. State of Gujarat,
reported in 2013 (3) GLH 288 (relevant
paras11 and 13).
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1 - 2 of 2 (0.35 seconds)M/S Ribecca Laminates vs State Of Gujarat on 8 July, 2024
7.5 Public Interest Litigation, alleging unauthorized
occupation of forest land by a company without prior approval
of the Central Government was the focus of the dispute in the
referred Farook Shaikh's case (supra). The ex-post facto
approval was urged and the Division Bench of this Court dealt
with the expression 'prior approval' and the scope within the
meaning of Section 2 of the Forest (Conservation) Act, 1980 to
note that it clearly shows that prior approval of the Central
Government is mandatory as well as a pre-condition of the
grant of lease of forest lands for non-forest purpose and if the
Central Government grants the approval after the stage when
the company had put up a construction, it would be
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NEUTRAL CITATION
R/CR.RA/41/2020 JUDGMENT DATED: 08/07/2024
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considered as ex-post facto approval, which is not permissible
in law. The Division Bench notes that there is no order, passed
by State Government or other Authority directing that
2,76,000/- sq. mtrs of forest land which company is occupying
may be used for non-forest purpose, it will not amount to
granting ex-post facto approval and it is ultimately for the
Central Government to take an appropriate decision in the
matter and the Court should not usurp its jurisdiction. State
Government was directed to immediately take steps for
demolition and taking over the possession of the land, in the
event the Central Government decides not to grant approval
and regularize the possession.
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