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K.M. Chinnappa, T.N. Godavarman ... vs Union Of India And Ors on 30 October, 2002

In K.M. Chinnappa v. Union of India, 2003 AIR SCW 23, the Supreme Court observed that unless and until the Central Government's permission is obtained under the Forest (Conservation) Act, no forest land can be allowed to be used for non-forest purposes. Thus, forest land, whether encroached upon by the members of the petitioner society or put in their possession pursuant to formation of Vana Samrakshana Samithi scheme, which was later cancelled, cannot be assigned to them. Indeed, it is the case of the Government that the members of the petitioner society who encroached upon the forest land, have already been evicted.
Supreme Court of India Cites 33 - Cited by 133 - A Pasayat - Full Document

Banwasi Sewa Ashram vs State Of U.P. And Ors on 20 November, 1986

15. Before I leave this case, I may refer to a decision of the Supreme Court in Banwasi Seva Ashram v. State of U.P., . A letter addressed by Banwasi Seva Ashram was treated as a writ petition under Article 32 of the Constitution of India. A large number of adivasis in Dudhi and Robertsganj Tehsils in Mirzapur District claimed forest land for agricultural purposes. A part of the land was declared as reserve forest under Section 20 of the U.P. Forest Act, 1927. It was contended that for generations adivasis and other backward classes were living in the jungle, cleared the forest land surrounding the villages and were eking out livelihood by growing fruits, vegetables, fodder etc. The Government initiated criminal action as well as civil action for eviction under the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972. The Court initially passed orders directing that adivasis who are in possession of the land shall not be dispossessed and that no further encroachment shall be made on the forest land. Adivasis or tribals were prohibited to cut any trees on the land. When the matter was pending before the apex Court, the Government initiated proceedings for acquiring the land for setting up of super thermal plant of National Thermal Power Corporation. The Government made an application to modify the prohibitory order issued by the Court that the land shall not be utilized for any other purpose. The apex Court, while permitting establishment of the plant, gave certain directions. While doing so, it was observed that on account of depletion of forests which are national assets, the climate has undergone major change and rains have become scanty and that depletion of forests has long term adverse affects on national economy. Directions 1 and 2 are relevant and read as under:
Supreme Court of India Cites 8 - Cited by 74 - P N Bhagwati - Full Document
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