Dr. M.Ganapathi Bhat. Vs. the Chief Conservator of Forests.

Dr. M.Ganapathi Bhat. vs The Chief Conservator of Forests.

Type Court Judgment Court Kerala Decided Jan 31, 2010

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Citation: sooperkanoon.com/916902
Court: Kerala High Court
Judge: Thottathil B.Radhakrishnan, J.
Decided On: Jan 31, 2010
Case Number: WP(C).No. 8253 of 2008(G)
Subject: Land Acquisition

Case Summary

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

[MR. JUSTICE AJIT J GUNJAL; MR.JUSTICE C.R.KUMARASWAMY, JJ.] This M.F.A is filed under section 173(1) of MV act against the judgment and award dated 08.09.2010 passed in MVC no.797/2008 on the file of the I additional small cause judge and MACT, Bangalore. partly allowing the claim. petition for compensation and see...

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Dr. M.Ganapathi Bhat.

Advocate SRI.D.KRISHNA PRASAD, Adv.

Respondent

The Chief Conservator of Forests.

Legal References

Reported In: ILR2010(4)Ker146

Excerpt

[mr. justice ajit j gunjal; mr.justice c.r.kumaraswamy, jj.] this m.f.a is filed under section 173(1) of mv act against the judgment and award dated 08.09.2010 passed in mvc no.797/2008 on the file of the i additional small cause judge and mact, bangalore. partly allowing the claim. petition for compensation and seeking enhancement of compensation.1. petitioners are aggrieved by the decision contained in ext.p3 relating to alleged water rights from a natural spring and for leading water through channel for cultivation purposes. 2. the fundamental plea of the petitioners is that the issue is no more res integra in so far as the petitioners and the state are concerned, having regard to the adjudication by the competent authority and consequential notifications. this is a matter which the chief conservator of forests can look into. anyway, the foremost concern should be the preservation of the forest and any indulgence with forest wealth can only strictly be in accordance with law. 3. under such circumstances, without expressing anything on merits, this writ petition is ordered directing that if the petitioners make a representation to the first respondent against the decision of the divisional forest officer, as contained in ext.p3, the same will be considered and orders issued in accordance with law, after hearing the petitioners or their representatives. let the needful be done within a period of three months from the date of receipt of a copy of this judgment.

Full Judgment

1. Petitioners are aggrieved by the decision contained in Ext.P3 relating to alleged water rights from a natural spring and for leading water through channel for cultivation purposes.

2. The fundamental plea of the petitioners is that the issue is no more res integra in so far as the petitioners and the State are concerned, having regard to the adjudication by the competent authority and consequential notifications. This is a matter which the Chief Conservator of Forests can look into. Anyway, the foremost concern should be the preservation of the forest and any indulgence with forest wealth can only strictly be in accordance with law.

3. Under such circumstances, without expressing anything on merits, this writ petition is ordered directing that if the petitioners make a representation to the first respondent against the decision of the Divisional Forest Officer, as contained in Ext.P3, the same will be considered and orders issued in accordance with law, after hearing the petitioners or their representatives. Let the needful be done within a period of three months from the date of receipt of a copy of this judgment.

Same Court & Year Kerala · 2010 Same Parties Dr. M.Ganapathi Bhat. vs The Chief Conservator of Forests. Same Subject Land Acquisition Same Judge Thottathil B.Radhakrishnan, J.

Land Acquisition