In Re: Construction Of Multi Storeyed Buildings In Forest Land Maharashtra 2025 INSC 701 - Environmental Law- Doctrine OF Desuetude - Public Trust Doctrine - Forest Lands

Doctrine of desuetude - Although this doctrine has been made applicable in India on a few occasions, however, for its applicability, two factors are necessary, namely, (i) that the statute or legislation has not been in operation for a very considerable period, and (ii) the contrary practice has been followed over a period of time. It has been held that, not one but, both the conditions must be available to attract the applicability of the said doctrine of desuetude- Referred to Municipal Corporation for City of Pune and another v. Bharat Forge Co. Ltd. (1995) 3 SCC 434 : 1995 INSC 181. and Monnet Ispat and Energy Limited v. Union of India (2012) 11 SCC 1 : 2012 INSC 305 (Para 42-45))

Doctrine of public trust - Importance of doctrine of public trust in the environmental matters- referred to In Re: T.N. Godavarman Thirumulpad v. Union of India 2024 INSC 178 :: (2025) 2 SCC 641.

Revenue Records - The entries in the revenue record do not confer a title to the property. (Para 52)

Forest Conservation Act, 1980 - Section 2- Neither the State Government nor any other authority can make an order or issue a direction for de-reservation of reserved forest or any portion thereof or permit use of any forest land or any portion thereof for any non-forest purpose. Neither is it permissible to assign any forest land or any portion thereof by way of lease or otherwise to any private person or to any authority, corporation, agency or organization not owned, managed or controlled by the Government except after obtaining prior approval of the Central Government- Directions issued: Chief Secretaries of all the States and the Administrators of all the Union Territories to constitute Special Investigation Teams for the purpose of examining as to whether any of the reserved Forest Land in the possession of the Revenue Department has been allotted to any private individuals/institutions for any purpose other than the forestry purpose;- The State Governments and the Union Territories directed to take steps to take back the possession of the land from the persons/institutions in possession of such lands and handover the same to the Forest Department. In case, it is found that taking back the possession of the land would not be in the larger public interest, the State Governments/Union Territories should recover the cost of the said land from the persons/institutions to whom they were allotted and use the said amount for the purpose of development of forests - Chief Secretaries of all the States and the Administrators of all the Union Territories to constitute Special Teams to ensure that all such transfers take place within a period of one year from today- Such land should be used only for the purpose of afforestation. (Para 95)