Tag: live process

Supreme Court Reiterates: No Forest Land Acquisition Without Proper Notice
Supreme Court

Supreme Court Reiterates: No Forest Land Acquisition Without Proper Notice

This Supreme Court judgement reinforces that for land to vest as a "private forest" under the Maharashtra Private Forests Acquisition Act, 1975, a valid notice under Section 35(3) of the Indian Forest Act must be properly servedĀ on the owner, initiating a live statutory process. Mere issuance or a stale, dormant notice from decades past is insufficient to trigger acquisition. The Supreme Court underscored strict compliance with this mandatory procedure and the binding nature of its precedent under Article 141 of the Constitution. Facts Of The Case: The appellants are landowners in Maharashtra whose properties were claimed by the State to have been declared "private forests" and automatically vested in the government on 30 August 1975 under the Maharashtra Private Forests Acqu...