Some recent developments in case law and legislation

Two Supreme Court decisions and some issues arising from the Companies Act, 2013, are outlined below.

Developers win battle

In the case of Godrej & Boyce Mfg Co Ltd & Anr v State of Maharashtra, the Supreme Court held that the state cannot be allowed to demolish massive constructions built on disputed forest lands on the outskirts of Mumbai, owing to the state’s inaction over half a century.

The facts of the case involved a notice by the state under section 35(3) of the Indian Forest Act, 1927. The notice was allegedly published in the Bombay Government Gazette on 6 September 1967 but the state could not demonstrate that the notice had been served to Godrej, which owns 133 acres of the affected property.

After the notice was published, the government did not act on it or take possession of the disputed land. On the contrary, permissions were granted to Godrej from time to time for construction on the land by the state and also the high court, at which time the notification was not revealed.

Vivek Vashi is the mainstay of the litigation team at Bharucha & Partners, where Shreya Gupta and Prakritee Yonzon are associates.