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Janu Chandra Waghmare and ors. Vs. the State of Maharashtra and ors.

Court : Mumbai

Subject : Constitution

Acts : Constitution of India - Articles 13(2), 14, 19, 19(1), 19(6), 31, 31-B, 31(2), 228A, 245, 246, 246(3), 248, 255, 301 to 307, 366, 367 and 368; Constitution of India (40th Amendment) Act; Constitution of India (42nd Amendment) Act, 1976; Maharashtra Private Forests (Acquisition) Act, 1975 - Sections 2, 2(4), 2(6), 2(7), 3, 4 to 13, 14, 15, 17, 18, 21, 22, 23 and 24; Mines and Minerals (Regulation and Development) Act, 1957 - Sections 2, 16, 16(1) and 17; Maharashtra Felling of Trees (Regulation) Act, 1964 - Sections 3; Maharashtra Sale of Trees by Occupants belonging to Scheduled Tribes (Regulation) Act, 1959 - Sections 5 and 6; Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 - Sections 3; Indian Forest Act, 1927 - Sections 2(4), 2(5), 2(6), 2(7), 34A, 35, 35(1), 35(3

Reported in : AIR1978Bom119; (1977)79BOMLR499

was passed on 28-10-1974. On 14-5-1975 the State Government issued a notification under Section 35(1) of the Indian Forest Act, 1927 in respect of the 1st petitioner's said private forest.4, Further, during the pendency of the petition the Maharashtra … of this difference, points of difference were formulated and referred to a third Judge for decision under Clause 36 of the Letters Patent.5. While the matter was pending he-fore Deshmukh J. as the third Judge, Ordinance 13

Rajiv SarIn and anr Vs. State of Uttarakhand and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960 - Section 4A, 18(1)(cc), 19(1)(b), 3(10), 8; UP Amendment Act 1978 ; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 ; Indian Forests Act 1927 - Section 36, 37, 84; Land Acquisition Act, 1894 - Section 40; Government of India Act. - Section 76, 107(2); Constitution of India. - Article 254, 31(2), 300A; Punjab Act - Section 10

are preserved and protected through prudent management, while a private forest which is neglected or mismanaged to which Section 36 of the Indian Forest Act, 1927 applies, can be acquired under the Land Acquisition Act, 1894 by paying … senior counsel appearing for the appellants raised two contentions in the context of the inter-relation of the Indian Forest Act 1927 and the KUZALR Act; firstly, the case of alleged discrimination in as much as the Central Act i.e.

Ankush Keshav Bowledkar Vs. State of Maharashtra and Others

Court : Mumbai

Subject : Property

Acts : Maharashtra Private Forests (Acquisition) Act, 1975 - Sections 2, 6, 24, 34-A, 35, 36-A, 36-B, 36-C and 37; Indian Forests Act, 1927 - Sections 35(3) and 38; Code of Civil Procedure (CPC), 1908 - Order 5, Rule 1

Reported in : 1999(1)BomCR165

Private Forests Act came into force.6. In order to examine the aforesaid question section 35 of the Indian Forest Act, 1927 (for short 'the Forest Act') is relevant.'35. Protection of forests for special purposes.---(1) The State Government may, by … and other forest produce with Shri Yeshwant Govind Gawade and others. The land comprises of Survey Nos. 18, 36/1, 68/1, 29/1, 30/1, 69/1, 70/1 and 71/1 totalling nearly 442.14 hectares. It is the petitioner's case that pursuant

State of Haryana and ors. Vs. Lal Chand and ors.

Court : Supreme Court of India

Subject : Commercial

Acts : Punjab Excise Act, 1914 - Sections 22, 27, 28, 34, 58(1), 59 and 60; Punjab Liquor Licence Rules, 1956 - Rule 36(2), 36(3), 36(4), 36(16), 36(22-A), 36(23), 36(23)(1), 36(23)(2), 36(23-A) and 37(8-B); Constitution of India - Articles 226 and 299(1); Indian Forest Act, 1927; Forest Contract Rules

Reported in : AIR1984SC1326; 1984(1)SCALE690; (1984)3SCC634; [1984]3SCR715; 1984(16)LC722(SC)

in K.P. Chowdhary's, Mulamchand's, Rattan Lal's and Firm Gobardhan Dass's cases, supra, there are provisions in the Indian Forest Act, 1927 and the Forest Contract Rules framed thereunder for entering into a formal deed between the forest contractor and … as also the defaulted instalments of the licence fee payable in respect of a liquor vend issued under Section 60 of the Punjab Excise Act 1914 ('Act' for short).2. Put very shortly, the essential facts are these. … out the auction announcements and conditions of auction as required under Rule 36(4) of the Punjab Liquor Licence Rules, 1956 ('Rules' for short). The respondents

Oberoi Constructions Private Limited a Company Registered Under the Co ...

Court : Mumbai

Subject : Environment

Acts : Aircrafts Act; Bombay Municipal Corporation Act 1888 - Sections 354A; Bombay Town Planning Act, 1954 - Sections 3(1), 4(1), 9 and 10(1); Cantonment Act, 1910; Code of Civil Procedure (CPC) - Order 5; Constitution (42nd Amendment) Act, 1976 - Sections 57; Constitution of India - Articles 14, 21, 48A, 51A, 141, 226, 227, 245, 246, 246(1), 300A and 372(1); Development Control Regulations, 1991;Evidence Act - Sections 114; Forest Act, 1865 - Sections 34A and 38; Forest Act, 1878; Forest Conservation Act, 1980; Government of India Act 1935; Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945; Indian Forest Act, 1927 - Sections 1, 2, 2A, 3 to 26, 34., 34A, 35, 35(1), 35(3), 35(4), 36, 36A, 36B, 36C, 37 and 38; Land Acquisition Act, 1894 - Sections 11A; Limitat

Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951

the individual petitions. The action proceeds on the basis that once notice under Section 35(3) of the Indian Forest Act, 1927, hereinafter referred to as '1927 Act', is issued, any land in respect of which such notice has been … residential quarters for the employees of the first petitioner inter alia on the lands bearing new survey Nos. 36(part) and 37. Mr.Nariman submitted that in 1991 respondent No. 1 sanctioned and brought into force another Development Plan

Sinhagad Technical Education Society, through its duly Authorized Pres ...

Court : Mumbai

Subject : Land Acquisition

affidavit on the provisions of the said Act of 1975 as well as the provisions of the Indian Forest Act, 1927 (for short “the said Act of 1927”). It is contended that in view of Clause (f) of Section … punished with imprisonment for a term which may extend to six months, or with fine, or with both.” Section 36-A of the said Act incorporated by Bombay Act No.24 of 1955 reads thus:- “36A. Manner of serving notice

Godrej and Boyce Mfg.Co.Ltd. and anr. Vs. State of Maharashtra and ors ...

Court : Supreme Court of India

Subject : Land Acquisition

consideration is 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 … to six months or with fine or with both. [15]. [16].36-A. Manner of serving notice and order under section 36.- The notice referred to in sub-section (1) of section 36 and the order, if any, made placing a

Planters Forum Vs. State of Kerala

Court : Kerala

Subject : Land Acquisition

reform came up for consideration. It was contended that the provisions of 1960 Act were repugnant to the Forest Act, 1927. Section 4A providing for vesting was introduced in the 1960 Act by amendment in the year 1978. On the … List III Entry 42.185. The Constitution (Seventh Amendment) Act, 1956 deleted List I Entry 33, List II Entry 36 and reworded List III Entry 42 relating to W.P(C) No.26691 of 2010, etc. -:232. :- "acquisition and requisitioning

State of Maharashtra and anr. Vs. Maharashtra Land Development Corpora ...

Court : Mumbai

Subject : Civil

Acts : Maharashtra Private Forests Act, 1975 - Sections 2 and 6; Bombay Salsette Estate Act, 1951 - Sections 4; Forest Act, 1927 - Sections 35(1); Constitution of India - Articles 226 and 227

Reported in : 2004(1)BomCR24

was issued by the State Government to the Company under sub-section (3) of section 35 of the Indian Forest Act, 1927 calling upon the Company, the owner of the land, to show cause as to why notification under sub-section … was shown as 'forest land' in the Revenue records. In or about 1947 out of 650 acres, about 365 acres was acquired for the purpose of 'National Park' at Borivli. Original Survey No. 345 was divided into

Kamla Kant Pandey Vs. Prabhagiya Van Adhikari and ors.

Court : Allahabad

Subject : Environment

Acts : Wild Life (Protection) Act, 1972 - Sections 2(12), 2(12)B, 18A, 18(2), 20, 24, 24(2), 26A, 26A(3), 29 and 35; Wild Life Protection (Amendment) Act, 1991; Wild Life Protection (Amendment) Act, 2003; Indian Forest Act, 1927 - Sections 2 and 2(4); Minor Mineral (Concession) Rules, 1963 - Rule 41

Reported in : AIR2005All136; 2005(1)AWC877

shall have the same meaning as In Sub-clause (b) of Clause (4) of Section 2 of the Indian Forest Act. 1927 (16 of 1927) ; ]'12. The present writ petition came to be initially filed assailing the orders dated … on the other, The relevant paragraphs of the said decision are paragraphs No. 25 to 32, 35 and 36 which in the opinion of this Court puts at rest the question of interpretation of the provisions of