VidhiSangh

Supreme Court of India · 10/02/2021

THE CONSERVATOR AND CUSTODIAN OF FOREST & ORS. versus SOBHA JOHN KOSHY & ANR.

[2021] 2 S.C.R. 94 · 2021 INSC 75

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court reduced compensation awarded for failure to restore land after an earlier forest-vesting claim failed. A later, unchallenged notification under the 2003 ecologically fragile lands legislation vested the land in the State, defeating compensation for its value under that regime. It did not erase the owners’ earlier loss of possession and enjoyment. Given the lengthy litigation and absence of yield evidence, the Court fixed compensation for that deprivation at half the Tahsildar’s assessed land value.

Issues

  1. Whether later vesting as ecologically fragile land extinguished every compensation claim arising from the State’s earlier failure to restore possession.
  2. How compensation for the earlier deprivation should be fixed in the absence of evidence of yield.

Provisions considered

Held

Result

Appeal partly allowed; the High Court award reduced to fifty percent of the assessed land value, payable within three months with seven percent annual interest on default, and parties left to bear their own costs.

Judgment PDF: Supreme Court of India, [2021] 2 S.C.R. 94.