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Emperor Vs. Kamla Pati

Emperor vs Kamla Pati

Type Court Judgment Court Allahabad Decided Nov 15, 1923
~2 min read
https://sooperkanoon.com/case/465590

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Citation
Court
Allahabad
Judge
Decided On
Subject
Environment

Case Summary

AI-generated summary - not the official court judgment text.

Act No. VII of 1878 (Indian Forest Act), Sections 29 and 32 - Area once 'protected forest' declared to be 'reserved forest'--Notification declaring that the area had ceased to be 'reserved forest.' - - ' Therefore the provisions of Sections 29 and 32 would apply to it and the conviction is a good one.

Key legal issue
Environment

Parties & Advocates

Appellant / Petitioner

Emperor

Respondent

Kamla Pati

Legal References

Reported In
(1924)ILR46All128; 81Ind.Cas.711

Excerpt

act no. vii of 1878 (indian forest act), sections 29 and 32 - area once 'protected forest' declared to be 'reserved forest'--notification declaring that the area had ceased to be 'reserved forest.' - - ' therefore the provisions of sections 29 and 32 would apply to it and the conviction is a good one.stuart, j.1. it is not necessary to go into this application at great length. in the united provinces gazette of 16th of september, 1922, part i, page 1016, there is a notification (no. 889/xiv--25) by which 713 acres in patti ramgarh malia juthia village were disforested according to principles stated in paragraph 24(5) of the grievances committee report. it was a block of forest of less than 2 square miles which was added to the eeserves by the 1911--1917 forest settlement. on the facts as stated by the district magistrate of naini tal this particular area had formerly been 'protected forest' within the meaning of chapter iv, act vii of 1878, and in 1916 it had been removed from the category of 'protected forest' and placed in the category of 'reserved forest.' the learned counsel for the applicant urges that on the passing of the notification it became either 'village forest,' or land in no way subject to the provisions of act vii of 1878. i agree with the learned district magistrate that the effect of the notification was to restore the status of the land to what it was before, i.e., it again became 'protected forest.' therefore the provisions of sections 29 and 32 would apply to it and the conviction is a good one. i see no reason to interfere with the sentence and dismiss this application.

Full Judgment

Stuart, J.

1. It is not necessary to go into this application at great length. In the United Provinces Gazette of 16th of September, 1922, Part I, page 1016, there is a notification (No. 889/XIV--25) by which 713 acres in patti Ramgarh Malia Juthia village were disforested according to principles stated in paragraph 24(5) of the Grievances Committee report. It was a block of forest of less than 2 square miles which was added to the Eeserves by the 1911--1917 Forest Settlement. On the facts as stated by the District Magistrate of Naini Tal this particular area had formerly been 'protected forest' within the meaning of Chapter IV, Act VII of 1878, and in 1916 it had been removed from the category of 'protected forest' and placed in the category of 'reserved forest.' The learned Counsel for the applicant urges that on the passing of the notification it became either 'village forest,' or land in no way subject to the provisions of Act VII of 1878. I agree with the learned District Magistrate that the effect of the notification was to restore the status of the land to what it was before, i.e., it again became 'protected forest.' Therefore the provisions of Sections 29 and 32 would apply to it and the conviction is a good one. I see no reason to interfere with the sentence and dismiss this application.

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