Case Note & Summary
The court ruled in favor of Mrs. Dagdabai Vitthal Kadam, a 92-year-old widow, directing the State of Maharashtra to provide her with 300 sq. ft. of alternate land. The ruling affirms her entitlement under the Wild Life (Protection) Act, 1972, following her husband’s property acquisition for the Koyna Wildlife Sanctuary Project. The court rejected the State's argument that her stepsons’ compensation covered her claim and emphasized her distinct legal right to rehabilitation.
1. Factual BackgroundMrs. Dagdabai Kadam’s husband’s property was acquired for the Koyna Wildlife Sanctuary Project under the Wild Life (Protection) Act, 1972. She petitioned for alternate land after her home was taken in 2012, asserting her right to rehabilitation as her late husband's successor.
2. Petitioner's Position and StruggleMrs. Kadam claimed that despite multiple representations and complaints, her claim to alternate land was ignored, while her stepsons received compensation. She argued her entitlement based on her husband’s property rights.
3. Respondents’ ArgumentThe State contended that her claim was invalid due to the appointed date of 1985 and considered her part of a "single unit" with her stepsons, who received compensation. This argument relied on her name's absence from the village records prior to 1985.
4. Inheritance under the Wild Life ActThe Petitioner argued that the Wild Life Act recognizes inheritance as a valid mode of transferring property rights even after a notification is issued, directly addressing her inherited rights.
5. Analysis of Relevant Legal FrameworkSections 18 to 24 of the Wild Life Act guide land acquisition for sanctuaries and entitle successors to inherited property rights even if notifications were issued previously. Section 20 specifically allows property transfer through inheritance.
Ratio Decidendi:The court held that under the Wild Life Act, property inherited after the appointed date does not negate entitlement to alternate land and compensation. The Petitioner was eligible based on the statute’s provision for inheritance, irrespective of the 1985 cut-off.
Acts and Sections Discussed Wild Life (Protection) Act, 1972 Section 18: Declaration of sanctuary intent. Section 20: Prohibition on new rights, except through inheritance. Sections 21-24: Claim submission and inquiry for compensation. Subjects:Land acquisition, compensation, and rehabilitation under the Wild Life Act.
#LandAcquisition #RehabilitationRights #WildlifeProtectionAct #Judiciary #BombayHighCourt
Issue of Consideration: Mrs. Dagdabai Vitthal Kadam Versus The State of Maharashtra & Anr.
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