The Goa Foundation &Anr v.The Conservator of Forest; Forest Department, Panaji, Goa &Ors. (AIR 1999 Bombay 177)

A public interest litigation was filed by the Goa Foundation challenging the permission granted by the Conservator of Forests contrary to the Forest (Conservation) Act 1980 for carrying our certain developmental activities in the forest area of village Penha.de Frana of BartezTaluka of Goa. According to the petitioner, the land in question was a forest land and non forest activity therein was not permissible unless prior permission was taken from the Central Government under the Forest Conservation Act 1980. The petitioner alleged that alterations were made in the survey record for facilitating the residential complex work in the area of 11.275 sqmetres. The Court looked into the rival contentions made by the Forest Department by scrutinizing the past record of the land. It also verified the Forest Department instructions for application of Forest (Conservation) Act 1980 to private forest. Tracing the history of the said land the court observed that the construction activity in these areas was for a non-forest purpose and as no approval had been taken from the Central Government in this regard the developmental activity carried out in the area had to be stopped.