Conservator of Forests & Ors. v. Sobha John Koshy & Ors. SLP (Civili) No. 27651 of 2008
This matter has its roots in the litigation initiated by the Respondents, almost five decades ago, before the Ld. Forest Tribunal, Palghat, challenging the vesting of their lands in the Government under Kerala Private Forest (Vesting and Assignment) Act,1971. Though the Ld. Forest Tribunal dismissed the petition, the Hon’ble High Court, after adjudicating the matter on its merit decided against the vesting of the private lands. Eventually, the Government restored the lands except the ones belonging to Respondent Nos. 2 and 3. The same was challenged before the Hon’ble High Court of Kerala seeking directions to the State to either restore land or pay compensation. The Ld. Single Judge as well as the Ld. Division Bench of the Hon’ble High Court of Kerala granted compensation. Thereafter, the present SLP was filed before the Hon’ble Supreme Court challenging the compensation in light of the vesting notification under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003.
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