The apex court said it cannot put the clock back when the possession of the disputed land was not taken over or attempted to be taken over for decades and the issue was never raised when it should have been raised by the State.
It said citizens, who invested huge amount believing that there was no illegality in construction, should not suffer for the silence of the State for decades.
The bench also questioned, "Is it not the responsibility of the State to ensure that its laws are implemented with reasonable dispatch and is it not the duty of the State to appreciate that statute books are not meant to be thrown at a citizen whenever and wherever some official decides to do so?"
The bench delivered the judgement on a batch of 20 appeals where the principal question for consideration was whether the mere issuance of a notice under the provisions of Section 35(3) of the Indian Forest Act, 1927 is sufficient for any land being declared a "private forest" within the meaning of that expression as defined in Section 2(f)(iii) of the Maharashtra Private Forests (Acquisition) Act, 1975.
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