Friday, December 5, 2025

Wildlife (Protection) Act, 1972 — Allegation by respondents that petitioners encroached sanctuary land and violated the Act — Held, statutory authority cannot dispossess without recourse to law — Direction issued not to dispossess petitioners except in accordance with legal procedure.

Constitution of India — Arts. 19, 21, 300-A — Mandamus — Interference with peaceful possession — Agricultural lands in Sy.Nos.750/1, 780, 779, 778, 777, 776, 775, 774 and 754/1 situated at Malinenipatnam Village, Atloor Mandal, Kadapa District — Petitioners alleging interference by Forest authorities though lands do not fall under Sri Penusila Narasimha Swamy Wild Life Sanctuary — Respondents alleging violation of the Wildlife (Protection) Act, 1972 and encroachment of sanctuary area causing environmental damage — Principle reiterated that even a trespasser in settled possession cannot be dispossessed except by due process of law.

Wildlife (Protection) Act, 1972 — Allegation by respondents that petitioners encroached sanctuary land and violated the Act — Held, statutory authority cannot dispossess without recourse to law — Direction issued not to dispossess petitioners except in accordance with legal procedure.

Administrative Law — Rule of law — Dispossession by State — Requirement of due process — Action of respondents interfering with possession cannot be sustained except through proper legal proceedings.

Held: Writ Petition disposed of with a direction to the respondents not to dispossess the petitioners except by recourse to procedure in accordance with law. No order as to costs. Miscellaneous applications closed.

No comments:

Post a Comment