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2010 DIGILAW 3 (SC)

T. N. GODAVARMAN THIRUMULPAD v. UNION OF INDIA

2010-01-04

AFTAB ALAM, K.G.BALAKRISHNAN, S.H.KAPADIA

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ORDER IAs Nos. 2722-25 in WP (C) No. 202 of 1995 1. Referred to CEC. CEC to file report within a period of four weeks. IAs Nos. 2647, 2687-90, 2696-97, 2703-04, 2709 and 2718 in WP (C) No. 202 of 1995 2. List on 15-1-2010. IAs Nos. 2762-64 in IAs Nos. 2352-53 in WP (C) No. 202 of 1995 3. These applications are filed by Samata Nagar Cooperative Housing Society. The Society contends that the land on which they plan to construct new buildings does not form part of the forest land. CEC has submitted its report. A copy of the Letter dated 7-8-2009, addressed by the Joint Secretary (Forests), Government of Maharashtra to the Member Secretary, CEC, was also produced before us. In this letter it is stated that the owner of the land admeasuring 52.30 acres was issued a notice under Section 35(3) of the Forest Act, 1927, on 25-4-1957. Later, vide Gazette Notification dated 15-12-1962, this land was denitrified from the provisions of the above section and was acquired for public purposes i.e. for a housing scheme of the Maharashtra Housing Development Board! Authority (MHADA). Hence, the, effect of the Section 35(3) notice ceased to be in operation. 4. The land was handed over to MHADA on 9-6-1969, and then a number of houses were constructed over it which are now in a highly dilapidated condition. The applicant Society wants to construct new houses in this area with the permission of MHADA. The land in question is not a forest land and no specific sanction is required. 5. We accept the report of CEC dated 13-7-2009. 6. The State is permitted to give effect to its Order dated 19-3-2008, by withdrawing its later Order passed on 29-12-2008, regarding the correction of land records. 7. The applications are disposed of accordingly. IA No. 12 in SLP (C) No. 11640 of 2008 8. List on 22-1-2010. WP (C) No. 55/ of /997 9. Referred to CEC. CEC to file report within a period of six weeks. Let the case be posted before the Forest Bench. WP (C) No. 562 of 2009 10. Issue notice to the State of Kamataka and CEC. 11. List after six weeks. In addition, dasti service is permitted. IA No. 2735 of 2009 in WP (C) No. 202 of 1995 12. Heard both sides. 13. Let the case be posted before the Forest Bench. WP (C) No. 562 of 2009 10. Issue notice to the State of Kamataka and CEC. 11. List after six weeks. In addition, dasti service is permitted. IA No. 2735 of 2009 in WP (C) No. 202 of 1995 12. Heard both sides. 13. Permission is granted subject to sanction given by the Superintendent Chief Wildlife Warden. The construction work would be done under his supervision. This is a temporary measure for four months to meet the needs of the "Kumbh Mela". 14. The IA is disposed of accordingly. Court Masters