On Thursday( 18th April), Supreme Court fines Telangana govt Rs. 5 lakh for inaccurate affidavits in property dispute, raising environmental and administrative accountability issues.
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NEW DELHI: On Thursday( 18th April), The Supreme Court of India imposed a penalty of Rs.5 lakh on the Telangana government for the submission of inaccurate affidavits concerning a property dispute. The decision, delivered by Justices MM Sundresh and SVN Bhatti, centers around a contentious piece of land and brings to the fore issues of environmental conservation and administrative accountability.
The dispute originates from the contradictory positions taken by a district collector regarding the classification of a disputed property as forest land.
The Supreme Court noted-
“We are addressing a scenario in which a state entity, despite confirming the property as forest land, initially put forth contradictory arguments, which were ultimately corrected through an affidavit submitted to this Court.”
The bench pointed out that the erroneous stance of the state official allowed a private party to initially obtain ownership of the land, which had been designated as non-transferable forest land.
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The apex court emphasized the detrimental impact of these conflicting positions, stating-
“The act of adopting inconsistent positions led to the issuance of the contested order in favor of the respondents, overturning the concurrent judgments made by two lower courts based on their assessment of both facts and law.”
Highlighting the vital role of forests in sustaining life on Earth, the Court lamented the human disregard for these natural resources.
“Human beings often exhibit selective amnesia when considering the importance of forests. It is the forests that breathe life into the Earth by converting carbon dioxide into oxygen, thus fostering a conducive environment for the flourishing of various life forms. The essence of the forest permeates the Earth. History should not be viewed solely through human perspectives but rather through the lens of the environment, with particular emphasis on forests.”
– the judgment read.
Originating in Kompally village, the case arose when the initial plaintiff sought to rectify discrepancies in surveys and assert co-ownership of the disputed land. In 1981, the plaintiff’s application resulted in a portion of the land being mistakenly approved for transfer, despite its designation as reserved forest since 1971.
The State’s denial of the plaintiff’s request to denotify the land in 1984 initiated a lengthy legal battle. This legal saga concluded with the 2018 judgment by the Telangana High Court, which dismissed the plaintiff’s suit and upheld the land’s forest status.
However, the High Court’s 2021 reversal of its own decision, based on a changed stance from the district collector, granted title rights to the plaintiff. This decision was contested by the State in the Supreme Court, leading to the recent judgment.
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Criticizing the High Court’s 2021 ruling, the Supreme Court remarked-
“It is quite peculiar that the High Court, entrusted with adhering to statutory limitations, exceeded its bounds and bestowed forest land upon a private individual who failed to substantiate their ownership.”
Consequently, the Supreme Court set aside the High Court’s 2021 order for its factual and legal inaccuracies, and imposed costs of Rs.5 lakh on both the State and the respondents, payable to the National Legal Services Authority (NALSA).
- Additional Solicitor General Aishwarya Bhati and advocate Sravan Kumar Karanam represented the State of Telangana in the case.
- Senior Advocates Neeraj Kishan Kaul and L Narsimha Reddy appeared on behalf of the legal heirs of the deceased original plaintiff, Mohd Abdul Qasim.
Case Title:
State of Telangana and ors vs Mohd Abdul Qasim
