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1997 Supreme(SC) 32

G.T.NANAVATI, K.RAMASWAMY
State Of Orissa – Appellant
Versus
Duti Sahu – Respondent


ORDER

Delay condoned.

Leave granted.

Heard learned counsel for the parties.

2. This appeal by special leave arises from the judgment dated March 29, 1996 passed by the Division Bench of the Orissa High Court in O.J.C. No. 1389/96. The admitted position is that the respondents are displaced persons and they sought for and were granted assignment of the land in reserved forest by the State Government on various dates between 1982 and 1985 for cultivation. One of the conditions for the grant was that the trees standing on the land allotted to them "shall be the property of the State Government" It is clear from Section 2 of the Forest Conservation Act, 1980 that it contemplates restrictions on the dereservation of forests or use of forest land for non-forest purpose and postulates thus :

"Notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make, except with the prior approval of the Central Government any order directing-:

(i) that any reserved (within the meaning of the expression "reserved forest" in any law for the time being in force in that State) or any portion thereof shall cease t







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