Civil Law  - Zamindari Abolition and Land Reforms

Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960 and Rules, 1965 - Sections 4 A, 18(1) (cc) and 19(1)(b) - Constitutional validity of - Challenge - Sections 12, 4A, 19 - Contravention of the provisions of - Whether the High Court was justified in holding that the appellants were not entitled to any compensation even when their forest land is acquired by the government, merely because the appellants had not derived any income from the said forest - Supreme Court - Persons who are maintaining the forest and preserving it for future and posterity cannot be penalised by giving nil compensation only because of the reason that they were in fact chose to maintain the forest instead of exploiting it - Validity of the Act upheld and the second respondent is directed to determine and award compensation to the appellants by following a reasonable and intelligible criterion on the guidelines provided with interest @ 6% p.a. on the compensation amount to the appellants - Appeal disposed - No costs.

Topic(s)-

Important Decision(s)-Persons who are maintaining the forest and preserving it for future and posterity cannot be penalised by giving nil compensation.