Browsing: Property laws

Redrawing Forest Boundaries in Law: Judicial Interpretation and Real Estate Outcomes in the Aravallis

Property laws By 0

Recent Supreme Court jurisprudence has fundamentally reshaped environmental regulation in the Aravalli hills—not through legislative change, but through a recalibration of how “forest land” is defined in law. By shifting from a purposive, ecology-centric interpretation to one anchored in formal records and statutory notification, courts have narrowed the scope of land subject to the Forest Conservation Act.
While this doctrinal shift enhances legal certainty and institutional restraint, it also reconfigures development incentives in one of India’s most ecologically fragile regions. Large tracts that function as forests in ecological terms now fall outside centralised scrutiny, accelerating construction and infrastructure activity through more permissive state-level regimes.
The Aravalli experience underscores a critical governance lesson: when environmental protection depends on interpretation rather than formal recognition, judicial restraint can quietly translate into irreversible land-use change.

Registration Is Not Ownership: Why a Sale Deed Is Only the Beginning

Property laws By 0

A registered sale deed, while legally essential, is not conclusive proof of ownership under Indian property law. The Supreme Court has consistently held that registration evidences the act of conveyance but does not validate the seller’s title or cure defects in the chain of ownership. True ownership depends on a lawful, continuous title supported by possession, not merely on procedural compliance with registration requirements.