VidhiSangh

Supreme Court of India · 18/04/2024

THE STATE OF TELANGANA & ORS. versus MOHD. ABDUL QASIM (DIED) PER LRS.

[2024] 5 S.C.R. 81 · 2024 INSC 310

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Summary

Review jurisdiction could not be used to rehear a forest-title dispute on a post-decree Collector’s decision made without authority over reserved forest. The original appellate dismissal was restored: the claimant had not proved title or challenged the concluded forest proceedings with the necessary parties. The Court stressed constitutional forest protection and an ecocentric approach. Both sides were ordered to pay Rs.5 lakh each to NALSA, with State inquiry and recovery from responsible officials permitted.

Issues

  1. Whether post-decree revenue material supported review of the concluded title appeal.
  2. Whether the Collector could alter the position after reserved-forest notification.
  3. Whether the declaration suit could bypass final forest proceedings and absent necessary parties.
  4. What constitutional environmental principles and costs directions applied.

Provisions considered

Held

Result

Appeal allowed; review judgment set aside and original appellate judgment restored. Each side to pay Rs.5 lakh to NALSA within two months; State inquiry/recovery permitted. Specified contempt case closed and applications disposed of.

Judgment PDF: Supreme Court of India, [2024] 5 S.C.R. 81.