Banwasi Seva Ashram v/s. State of UP

  • Anvita Bhardwaj, SLS Noida
  • November 29, 2020

Content :

Land ownership issues are gaining prominence as they have taken new dimensions. The Special Economic Zones (SEZs), Trusts, Societies, Recognition of Forest Rights, Land Acquisition are some of the major issues concerning land ownership in India today. These things have changed the dimension of land ownership. In the following case, a writ petition was filed by tribals as the state government issued via notification two tehsils of their land as reserved forests. The government was in favour of establishing a power plant in the land whereas the tribals claimed the land to be theirs. This became the reason for the land to be disputed. The Court appointed a High Power Committee to look into the claims. It also gave a general directive that none of the locals will be dispossessed. Forests are a national asset. On one hand, the Court sees the disturbed ecological balance due to the cutting of trees and the adverse long-term effects on climate. On the other hand, it is an undeniable fact that industrial growth has drastically improved the living standards of the country. This case is an example of how the use of land determines entitlements over land.