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V.Jegan Vs the Principal Secretary — Environment and Pollution | Madras HC (2024)

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Madras HC
2024
V.Jegan Vs the Principal SecretaryV.Jegan v. the Principal Secretary

Dismissed

V.Jegan v. the Principal Secretary

Madras HC27 Feb 2024WP(MD)/3697/2020

Case brief

AI extract

What is this about?

Petitioner sought demolition of construction in alleged reserved forest. Court found area not reserved or hill. Petition dismissed. No costs awarded.

What the court decided

AI extract

A

WP(MD). No.3697 of 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Date : 27/02/2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and

THE HON'BLE MR.JUSTICE G.ILANGOVAN

WP(MD). No.3697 of 2020 and WMP(MD) No.3111 of 2020

V.Jegan,

... Petitioner

v.

The Principal Secretary, Govt. of India, 334-C Shastri Bhavan, New Delhi..

The District Collector, Kanyakumari District.

The District Forest Officer, Office of District Forest Officer, Kanyakumari Zone, Nagercoil, Kanyakumari District.

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether construction carried out in an alleged reserved forest warrants a mandatory order for demolition under Article 226.

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226

Parties & counsel

AI extract

petitioner
V.Jegan
respondent
The Principal Secretary, Govt. of India
respondent
The District Collector, Kanyakumari District
respondent
The District Forest Officer
respondent
The Executive Officer, Kottaram Town Panchayat
respondent

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 27 Feb 2024 · February
Registered: 21 Feb 2020
Case no.: WP(MD)/3697/2020

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Cite this judgement

V.Jegan v. the Principal Secretary, WP(MD)/3697/2020 (MAD), decided on 27 February 2024.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticle 226

View all statutes

Bench / Coram

SANJAY V.GANGAPURWALA and G.ILANGOVAN

Parties & counsel

Outcome

Dismissed

Issue for consideration

Whether construction carried out in an alleged reserved forest warrants a mandatory order for demolition under Article 226.

Detailed headnote1 paragraphs

Mandamus to demolish construction justified only if land is reserved forest or hill area. On evidence that land is neither, petition for demolition dismissed. No order as to costs.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

The Executive Officer, Kottaram Town Panchayat, Town Panchayat Office, Kottaram, Agastheeswaram Tk., Kanyakumari District.

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https://www.mhc.tn.gov.in/judis

WP(MD). No.3697 of 2020

Health For One Million,

Public and Charitable Trust, Rep. by K. Vincent Marpaulos, 9/41 Kuzhithurai, Kuzhithurai Post, Vilavancode Tk., Kanyakumari District. ... Respondents

PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents 1 to 3 to demolish the construction made in S.No.40/1 and 40/2 at Mantharam pudur Village, kottaram Town Panchayat within the time stipulated by this Court.

For Petitioner : M/s.R.Murali for Mr.K.Govindarajan

For Respondents :Mr.S.Jeyasingh for R1

Mr.P.Thilak Kumar for R2 & R3 Government Pleader Mr.Isaac Mohanlal for R5 Senior Counsel Mr.M.Karuppasamy for R4

ORDER

[Order of the Court was made by The Hon'ble The CHIEF JUSTICE]

Heard the learned counsel for the petitioner, learned counsel for

the respondent No.1, learned Government Pleaderfor the respondents 2

and 3, learned counsel for the respondent No.4 and the learned Senior

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WP(MD). No.3697 of 2020

counsel for the respondent No.5.

2.The learned counsel for the petitioner submits that the respondent No.5 is carrying out a construction in a reserved forest. The learned counsel submits that earlier writ petition was filed in respect of the adjacent property. The said writ petition was closed on the statement of the Government that the said land does not come under reserved forest nor it is declared as a reserved forest. According to the learned counsel, there is nothing like a reserved land, either the forest has to be a reserved forest or otherwise.

The affidavit of the respondent No.3 suggests that the building in question is located about 49 mtrs. away from the boundary of the forest land and the same is ascertained by the field inspection of Forest Range Officer, Boothapandy. The reserve land in Sl.No.742/1 falls in Kulasekarapuram village of Agastheeswara Taluk and the said village is identified as a hill village under G.O.No.49 Housing and Urban Development Department dated 24.03.2003.

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WP(MD). No.3697 of 2020

The learned Senior Advocate for the respondent No.5 submits

that the village is not included as a hill village in the Government order.

In case, the area is declared as a reserved forest, then, steps can be taken by the Government authorities regarding declaration of an Eco Sensitive Zone or otherwise. However, in the present case, there is nothing to conclude that the subject area is a reserved forest or a hill area.

In light of that, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently connected Miscellaneous Petition is closed.

[S.V.G., CJ.] [G.I., J.] 27.02.2024 NCC : Yes/No Index : Yes/No

RR

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WP(MD). No.3697 of 2020

TO

The Principal Secretary, Govt. of India, 334-C Shastri Bhavan, New Delhi..

The District Collector, Kanyakumari District.

The District Forest Officer, Office of District Forest Officer, Kanyakumari Zone, Nagercoil, Kanyakumari District.

The Executive Officer, Kottaram Town Panchayat, Town Panchayat Office, Kottaram, Agastheeswaram Tk., Kanyakumari District.

https://www.mhc.tn.gov.in/judis

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WP(MD). No.3697 of 2020

THE HON'BLE THE CHIEF JUSTICE and G.ILANGOVAN, J.

RR

W.P.(MD)No.3697 of 2020

27.02.2024

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Health For One Million Public and Charitable Trust

Coram

AI extract

SANJAY V.GANGAPURWALA
G.ILANGOVAN

CNR

HCMD010171412020

Topic

Environment and Pollution

Bench

Disposal

DISPOSED OF

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