VidhiSangh

Supreme Court of India · 16/04/2019

SARV JAN KALYAN SEWA SAMITI versus UNION OF INDIA & ORS.

[2019] 6 S.C.R. 814 · 2019 INSC 541

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Summary

The National Green Tribunal wrongly closed proceedings concerning a proposed exchange involving allegedly encroached forest land after treating the Supreme Court’s refusal to intervene in an interlocutory order as approval of disposal. The earlier order had expressly preserved lawful consideration by the authorities and the applicant’s remedies in the pending proceedings. The Supreme Court set aside the Tribunal’s subsequent order in its entirety and restored the original application so objections could be heard.

Issues

  1. Whether the Tribunal could dispose of the original application on its understanding of the earlier Supreme Court order.
  2. How consideration of the proposal and the applicant’s objections were to proceed.

Held

Result

Appeal allowed and disposed of without costs. Tribunal order of 11 February 2019 set aside in its entirety; original application restored for proceedings consistent with the Supreme Court’s earlier order.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 814.