VidhiSangh

Supreme Court of India · 05/10/2021

PRABHAGIYA VAN ADHIKARI AWADH VAN PRABHAG versus ARUN KUMAR BHARDWAJ (DEAD) THR. LRS. & ORS.

[2021] 10 S.C.R. 234 · 2021 INSC 615

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Summary

The Court restored the consolidation authority’s correction of land records in favour of the Forest Department. The land had vested in the State and was expressly excluded from vesting in the Gaon Sabha, which therefore lacked authority to grant the asserted leases. A valid forest notification and proclamation covered the land; absence of a final reservation notification did not remove the statutory bar on acquiring rights after the initial notification. Unsupported revenue entries neither created title nor defeated the Department’s claim.

Issues

  1. Whether the Gaon Sabha could grant leases over land vested in the State and excluded from vesting in it.
  2. Whether the forest notification sufficiently identified the land and whether the absence of a final Section 20 notification validated the asserted leases.
  3. Whether revenue entries and the consolidation bar defeated correction of the records in favour of the Forest Department.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside and Deputy Director of Consolidation’s order dated 8 July 2004 restored.

Judgment PDF: Supreme Court of India, [2021] 10 S.C.R. 234.