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Mar 24 2008

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

Court : Mumbai

Decided on : Mar-24-2008

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 … 2(f)(ii) and (iii) any land taken over as forest pursuant to an application by the owner himself under Section 38: (section 2(f)(iii). He then submitted that it is in this context that Section 2(f))(iii) of the 1975 Act

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Oct 14 2014

Indirabai Narayan Bivalkar, Deceased Through her L.Rs. and Others Vs. ...

Court : Mumbai

Decided on : Oct-14-2014

Subject : Land Acquisition

Gazetted on 21 October 1959, came to be entered into between the Collector of Colaba and Bivalkars under Section 38 (2) of the Indian Forest Act, 1927 (for short, “Forest Act”) for management of the “private forest lands” … 21 October 1959 entered into with Bivalkar for management of the subject land under the provisions of Indian Forest Act, 1927 and the same was wrongfully and arbitrarily transferred by Forest Department to Revenue Department on its deforestation and

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Sep 07 1998

Ankush Keshav Bowledkar Vs. State of Maharashtra and Others

Court : Mumbai

Decided on : Sep-07-1998

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 … Collector may specify in this behalf; (iv) land in respect of which a notification has been issued under section 38 of the Forest Act; (v) in-a case where the State Government and any other person are jointly interested

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Nov 17 2014

Planters Forum Vs. State of Kerala

Court : Kerala

Decided on : Nov-17-2014

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 … contention of the State on the strength of Article 31A of the Constitution laid down following in paragraph 38 of the judgment:"8. In an attempt to show that the impugned Act was a piece of colourable legislation,

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Apr 24 1961

Guru Datta Sharma Vs. State of Bihar

Court : Supreme Court of India

Decided on : Apr-24-1961

Subject : Property

Acts : Constitution of India - Article 133(1); Government of India Act, 1935 - Sections 93 and 299(2); Bihar Private Forests Act, 1946 - Sections 14, 15, 21 and 29; Bihar Private Forests (Amendment) Act, 1947; Bihar Private Forests (Amendment) Act, 1948 - Sections 15, 21 and 30; Bihar Private Forests (Validating)(Amendment) Act, 1949 - Sections 2

Reported in : AIR1961SC1684; [1962]2SCR292

had granted a mokarari lease of the village which consisted mostly of forest lands, in favour of certain persons who have been referred to in … 1882). This Central enactment of 1878 was repealed and re-enacted in a consolidated form by the Indian Forests act, 1927. Chapter V of the later statute - Sections 35 and 36 thereof - reproduce in practically the same … any expenditure that the Provincial Government may consider it necessary to incur on such working and management.' 27. Section 38 requires the Provincial Government to maintain the revenue and expenditure account with an obligation to supply an extract

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Apr 11 1996

KamaruddIn N. Shaikh Vs. the State of Maharashtra and ors.

Court : Mumbai

Decided on : Apr-11-1996

Subject : ConstitutionProperty

Acts : Indian Forests Act, 1927 - Sections 35(3); Maharashtra Private Forests (Acquisition) Act, 1975 - Sections 2 and 5; Evidence Act, 1872, Sections 3, 58 and 61; Constitution of India - Article 226

Reported in : 1996(4)BomCR209; (1996)98BOMLR159

with forest produce. 'Forest produce' is not defined in the Act but has been defined under the Indian Forest Act, 1927. Section 2(4) reads as under :'2(4) 'forest-produce' includes ---(a) the following whether found in, or brought from, a forest … the Collector may specify in this behalf;(iv) land in respect of which a notification has been issued under section 38 of the Forest Act;(v) in a case where the State Government and any other person are jointly interested

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Jan 30 2014

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

Court : Supreme Court of India

Decided on : Jan-30-2014

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 … Collector may specify in this behalf; (iv) land in respect of which a notification has been issued under section 38 of the Forest Act; (v) in a case where the State Government and any other person are jointly

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Feb 01 2000

Chintamani Gajanan Velkar Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Decided on : Feb-01-2000

Subject : Property

Acts : Maharashtra Private Forests (Acquisition) Act, 1975 - Sections 2, 6, 24(1) and 34A; Indian Forest Act, 1927 - Sections 35(1) and 35(3)

Reported in : AIR2000SC1073; 2000(2)ALLMR(SC)571; JT2000(2)SC62; 2000(1)SCALE524; (2000)3SCC143; [2000]1SCR570; 2000(1)LC582(SC)

the Maharashtra Act, 1975 came into force inasmuch as notice was issued under Section 35(3) of the Indian Forest Act, 1927 on 29-8-1975 and was not served on the land-holder before 30-8-1975 but was served only thereafter on 12-9-1975. … the Collector may specify in this behalf.(iv) land in respect of which a notification has been Issued under Section 38 of the Forest Act; (v) in a case where the State Government and any other person are jointly

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Sep 11 2018

m.c.mehta Vs. Union of India

Court : Supreme Court of India

Decided on : Sep-11-2018

Subject : Land Acquisition

was due to the expiry of notifications issued under the PLP Act and Section 38 of the Indian Forest Act, 1927. It was noted that steps were taken for 6 W.P. No.171 of 1996 IAs. 2310/2008 etc. in W.P.

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Sep 11 1984

C.D. Kamdar and ors. Vs. State of Orissa, Represented Through the Secr ...

Court : Orissa

Decided on : Sep-11-1984

Subject : Excise

Acts : Indian Forest Act, 1927 - Sections 2(4) and 41; Bihar and Orissa Excise Act, 1915 - Sections 2, 12, 38 and 90(7); Orissa Excise (Amendment) Act, 1975; Orissa Excise (Mohua Flower) Rules 1976 - Rules 9 and 10; Constitution of India - Articles 19, 110 and 199; Board's Excise (Fixation of Fees on Mohua Flowers) Rules, 1976 - Rule 5

Reported in : 1985(I)OLR291; (1985)TaxL.R.2497

was exported to Europe to be used for distillation. Mohua flower was a forest produce under the Indian Forest Act,1927 (Act 16 of 1927) and is also a forest produce under the Orissa Forest Act, 1972, (Orissa Act … that petitioners shall pay the fee at the rate of Rs. 10/- per quintal which is continuing. 9. Section 38 of the Act provides that every licence, permit or pass under the Act :(a) shall be granted. (i)

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