Re: [mpisgmedia] MoEF statement re... land being cultivated by farmers in Lok Sabha

The humorous title apart, this is deadly serious business for thousands of forest-dwellers facing unlawful eviction from land that is rightly theirs. The MoEF is now thwarting the Scheduled Tribes and Forest Dwellers (Recognition of Forest Rights) Bill, 2005 which sought to settle the issue. Corporates are using the Sariska missing tigers incident and teaming up with wildlife enthusiasts and a section of the media to misrepresent and demonise the Bill.

The SC recently settled an urban case which has close parallels to the forest case. Injustice is recognised in the former but not in the latter.

Rajesh

Govt has no authority on private land: SC
http://timesofindia.indiatimes.com/articleshow/1102957.cms
TIMES NEWS NETWORK [ MONDAY, MAY 09, 2005 07:30:00 AM ]

NEW DELHI: The government has no right to prevent people from using a
particular piece of land for residential purposes unless it acquires the
land under the relevant laws.

In order to curb the arbitrary use of authority by government, the Supreme
Court has explained that the authorities concerned must establish their
right on a particular property/piece of land by acquiring it under the Land
Acquisition Act before declaring it reserved for use as a forest or green
area.

The ruling was given by a Bench comprising Justice Ashok Bhan and Justice A.
K. Mathur while disposing of petitions challenging the Maharashtra
government’s decision to dereserve a private land in the vicinity of
Salisbury Park in Pune, which was earlier marked as green area in the city
development plan.

The court said there was no bar on including private land in a development
plan, but no development could be carried out on that land unless it is
acquired for the same purpose.

The court said it appreciates the interest of the residents that certain
areas should be earmarked for gardens and parks so as to provide fresh air
to them.

"In order to provide such amenities to the residents the area, private land
can acquired in order to effectuate their public purpose but without
acquiring the private land, the government cannot deprive the owner the land
from using it for residential purposes," the Bench said.








----- Original Message -----
From: Gita Dewan Verma <[email protected]>
Date: Tuesday, May 10, 2005 11:24 pm
Subject: [mpisgmedia] MoEF statement re... land being cultivated by farmers in Lok Sabha

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