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M.C. Mehta Vs. Union of India (Uoi) and ors., in Re: Arora Service Station

M.C. Mehta vs Union of India (Uoi) and ors., in Re: Arora Service Station

Type Court Judgment Court Supreme Court of India Decided May 11, 1999
~2 min read
https://sooperkanoon.com/case/669258

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Citation
Court
Supreme Court of India
Judge
Decided On
Case Number
IA No. 439 in IA No. 18 in W.P. (C) No. 4677 of 1985
Subject
Environment

Case Summary

AI-generated summary - not the official court judgment text.

- [ S.Saghir Ahmed and; M. Jagannadha Rao, JJ.] - Environment Protection and Pollution Control — Forest Act, 1927 — Sections. 30, 20 and 4 — Reserved or protected forest — Determination of extent of “ridge” forested area in Delhi — Contention of applicant that his petrol pu...

Key legal issue
Environment
Acts & sections
Indian Forest Act, 1927 - Sections 4, 20, 30

Parties & Advocates

Appellant / Petitioner

M.C. Mehta

Respondent

Union of India (Uoi) and ors., in Re: Arora Service Station

Legal References

Acts
Indian Forest Act, 1927 - Sections 4, 20, 30
Reported In
(1999)9SCC208

Excerpt

- [ s.saghir ahmed and; m. jagannadha rao, jj.] - environment protection and pollution control - forest act, 1927 - sections. 30, 20 and 4 - reserved or protected forest - determination of extent of “ridge” forested area in delhi - contention of applicant that his petrol pump not falling within the ridge and that notification under section. 20 declaring the area a “reserved forest” not yet issued -- it is contended by him that a notification under section 20 has not yet been issued. a copy of the notification, if issued, under section 20 shall also be placed before us. list after summer vacation.s.saghir ahmed and; m. jagannadha rao, jj.1. mr rakesh dwivedi, learned senior counsel appearing on behalf of the applicant has contended that under the notification issued under section 4 of the indian forest act, 1927 the petitioner had filed the claim which was disposed of by the forest settlement officer with the finding that the petrol pump does not fall within the ridge area. it is contended by him that a notification under section 20 has not yet been issued. that being so, the claim that the entire area is a reserved forest cannot be accepted unless a notification under section 20 is produced before us which shall be done by the counsel for the opposite side within two weeks. mr m.c. mehta has, however, placed before us a notification dated 10-4-1980 by which the entire area was constituted as protected forest under section 30 of the forest act. in this notification the southern boundary of the central ridge has been shown as sardar patel road up to dhaula kuan roundabout. this indicates that the petrol pump in question falls within the ridge area. the effect of this notification shall be considered when the case is next listed. a copy of the notification, if issued, under section 20 shall also be placed before us. list after summer vacation.

Full Judgment

S.Saghir Ahmed and; M. Jagannadha Rao, JJ.

1. Mr Rakesh Dwivedi, learned Senior Counsel appearing on behalf of the applicant has contended that under the notification issued under Section 4 of the Indian Forest Act, 1927 the petitioner had filed the claim which was disposed of by the Forest Settlement Officer with the finding that the petrol pump does not fall within the ridge area. It is contended by him that a notification under Section 20 has not yet been issued. That being so, the claim that the entire area is a reserved forest cannot be accepted unless a notification under Section 20 is produced before us which shall be done by the counsel for the opposite side within two weeks. Mr M.C. Mehta has, however, placed before us a notification dated 10-4-1980 by which the entire area was constituted as protected forest under Section 30 of the Forest Act. In this notification the southern boundary of the central ridge has been shown as Sardar Patel Road up to Dhaula Kuan Roundabout. This indicates that the petrol pump in question falls within the ridge area. The effect of this notification shall be considered when the case is next listed. A copy of the notification, if issued, under Section 20 shall also be placed before us. List after summer vacation.

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