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Apr 20 2012

The Dy. Commissioner and Another Vs. Gidda and Others

Court : Karnataka

Decided on : Apr-20-2012

Subject : Constitution

Acts : Constitution of India - Articles 226, 227; Karnataka (Religious and Charitable) Inams Abolition Act, 1955 ; Mysore (Religious and Charitable) Inams Abolition Act, 1955. ; Mysore Forest Regulation, 1900 - Section 35 (1)(3), 2(2), 33; Karnataka Forest Act 1963 - Section 117, 106, 6; KCRIA Act - Section 3, 9(1), 3(g), 3(b), 7, 8; Karnataka Land Grant Rules

Reported in : 2012ILR(Kar)2275

to forests and forest produce in the State of Karnataka. In that regard, a reference to the Karnataka Forest Act, 1963 would indicate that the term ‘Reserved Forest’ is contained therein for the first time and Chapter-II relates to … Kalasheshwara Swamy Temple, Kalasa, Mudigere Taluk, Chickmangalur District. Out of the total extent of 14357 acres, more than 10000 acres of land are thick forest land consisting of valuable trees and they are notified as ‘Reserved Forest’.

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Aug 17 1994

State of Kerala and Another Vs. A.C.K. Rajah and Another

Court : Supreme Court of India

Decided on : Aug-17-1994

Subject : Property

Acts : Kerala Private Forests (Vesting and Assignment) Act, 1971 - Sections 3 and 8A; Kerala Land Reforms Act, 1964 - Sections 82; Madras Preservation of Private Forests Act, 1849

Reported in : AIR1994SC2690; JT1994(5)SC287; 1994(3)SCALE780; 1994Supp(3)SCC250; [1994]Supp2SCR679

by him, which together with other lands held by him to which Chapter III of the Kerala Land Reforms Act, 1963, is applicable, does not … under his personal cultivation as is within the ceiling limit applicable to him under the Kerala Land Reforms Act, 1963 (1 of 1964) or any building or structure standing thereon or appurtenant thereto.Explanation. - for the purposes of … ORDERK.S. Paripoornan, J.1. The State of Kerala and the Custodian of vested forests are the appellants in this appeal. The respondents in this appeal are the applicants in O.A. 88 of … time of the coming into force of the vesting Act, namely, on 10.5.1971. The High Court further that the Thavazhi represented by the applicants as

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Oct 28 2020

Dharmendra Kumar Singh Vs. The State Of Uttar Pradesh

Court : Supreme Court of India

Decided on : Oct-28-2020

Subject : Land Acquisition

all mining leases and all other non-forestry activities on the areas notified under Section 4 of the Indian Forest Act, 1927 (hereinafter referred to as the ‘Forest Act’). In order to appreciate the ramifications, Section 4 of the … permission for mining in case of disruption of mining operations under the Uttar Pradesh Mining Minerals (Concession) Rules, 1963 (hereinafter referred to as the ‘Mining Rules’).5 On 10.8.2020 while noticing the aforesaid and upon a query from … any forest-produce, and to deal with the same as provided in this Chapter. Explanation.-For the purpose of clause (b), it shall be sufficient to describe

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Feb 04 2000

Divisional Forest Officer, Kalpetta and anr. Vs. C.C. Aravindan

Court : Kerala

Decided on : Feb-04-2000

Subject : Other Taxes

Acts : Kerala Forest Act, 1962 - Sections 2 and 75A; Kerala Forest Resource Development Fund Rules, 1989 - Rule 1; Constitution of India - Article 265; Evidence Act, 1872 - Sections 115

Reported in : AIR2000Ker121

this sub-section, the term 'sale' shall have the meaning assigned to it in the Kerala General Sales Tax Act. 1963 (15 of 1963). (2) The tax payable under Sub-section (1) in respect of any forest produce shall be … mineral oils and all products of mines or quarries.' Section 5A in Chapter X-A deals with levy of Forest Development Tax. The said section reads … by the Government by sale if the coffee is a forest produce. 10. We have already noticed that Section 2(f) of the Act which defines … produce as contended by the respondent and as per the definition contained in Section 2(f) of the Kerala Forest Act. (ii) Whether coffee is a plantation crop as held by this Court in the decision in Aliyakutty Paul

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Aug 02 2002

Shailesh R. Shah Vs. State of Gujarat

Court : Gujarat

Decided on : Aug-02-2002

Subject : EnvironmentConstitution

Acts : Environment Laws; Constitution of India - Articles 21, 48A and 51A; Environment (Protection and Control of Pollution) Act, 1974 - Sections 16; Gujarat Town Planning and Urban Development Act, 1976 - Sections 7 and 23

Reported in : (2002)3GLR447

The learned Counsel referred to the provisions of the Bombay Provincial Municipal Corporations Act, 1949, the Gujarat Municipalities Act, 1963 and the Gujarat Panchayats Act, 1993 to point out that the Local Bodies were amply armed with powers … Revenue Code. Disposal of water vesting in the Government is regulated by Chapter 9A of the Gujarat Land Revenue Rules, 1972.11. The Municipal Corporations are … in 2001 (6) SCC 496, in which, the Court held that the material resources of the community like forests, tanks, ponds, hillocks, mountain etc. are nature's bounty. They maintain delicate ecological balance. They need to be protected … the State and safeguarding them against encroachments.3. In Special Civil Application No. 10621 of 2000, the petitioner has sought a direction on the respondents to

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Jul 22 2021

The State Rep By Vs. Harris Mohammad

Court : Karnataka

Decided on : Jul-22-2021

Subject : Land Acquisition

Act, 1972 (hereinafter for brevity referred to as “the W.L.P. Act”) read with Section 71(1) of the Karnataka Forest Act, 1963 (hereinafter for brevity referred to as “the Forest Act”) in P.C.No.4/2014 (C.C.No.1210/2014) pending before it, instituted by the … Central Government; or (aa) the Member-Secretary, Central Zoo Authority in matters relating to violation of the provisions of Chapter IVA; or (ab) Member-Secretary, Tiger Conservation Authority; or (ac) Director of the concerned tiger reserve; or (b) The … case of Sajith A.K. and others Vs. State of Karnataka. Crl.R.P.No.1642/2016 7 10. Learned counsel for the respondent/accused in his argument submitted that, under Section

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Dec 03 2015

National Mineral Development Corporation Limited, rep. by its Regional ...

Court : Karnataka

Decided on : Dec-03-2015

Subject : Land Acquisition

the provision of Article 246, Entry-54 of Seventh Schedule, List I-Union List of Constitution of India, the Karnataka Forest Act 1963 and the provisions of the Forest [Conservation] Act 1980 [Central Act]. This Writ Petition is filed under Article … the petitioners is on the legal competence of the State Legislature in incorporating Section 98-A and 98-B under Chapter XI-A of the Act, having regard to the provisions of the Constitution and the entries in the three … produce has to be sold are in the succeeding Rules and Rule 102, defines the powers of the Forest Officers in respect of the sale

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Dec 03 2015

National Mineral Development Corporation Ltd Vs. State of Karnataka by ...

Court : Karnataka

Decided on : Dec-03-2015

Subject : Education

THAT THE RESPONDENTS ARE NOT ENTITLED TO DEMAND AND COLLECT FOREST DEVELOPMENT TAX UNDER SECTION98A OF THE KARNATAKA FOREST ACT, 1963 ON THE VALUE OF MINERAL SOLD BY THE PETITIONERS IN RESPECT OF THE MINING LEASES GRANTED UNDER THE … the petitioners is on the legal competence of the State Legislature in incorporating Section 98-A and 98-B under Chapter XI-A of the Act, having regard to the provisions of the Constitution and the entries in the three … 31235/2008, 31266/2008, 31327/2008, 31439/2008, 31577/2008 (GM-MM-S), 368/2009 (GM-FOR), -:2. :- 863/2009, 6721/2009, 10712/2009, 16237/2009, 35251/2009 (GM-MM-S), 60230/2009 (GM-FOR), 15782/2010, 15795/2010, 15809/2010, 15825- 15826/2010, 15953/2010, 15954/2010,

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May 09 2003

Smt. Pyari Devi Vs. State of U.P. and ors.

Court : Allahabad

Decided on : May-09-2003

Subject : ConstitutionProperty

Acts : Constitution of India - Articles 141, 225 and 226; Mines and Minerals (Regulation and Development) Act, 1957 - Sections 15; Uttar Pradesh Minor Minerals (Concession) Rules, 1963; Forest (Conservation) Act, 1980 - Sections 2 and 17; Allahabad High Court Rules, 1952 - Rule 5

Reported in : AIR2004All70

for constituting reserved forest in Plot No. 246/1 area 453 bighas and 17 biswas under Section 4 of Forest Act.5. Petitioner's case in the writ petition is that petitioner has not committed breach of any condition of lease … for a period of three years in accordance with the provisions of U. P. Minor Mineral (Concession) Rules, 1963. The petitioner started mining operation after execution of lease deed. By an order dated 29th June, 2002, the … deed dated 16th March, 2001 from river bed to the extent of 10 Acre over Plot No. 246/1 mi. Lot No. 5 at Village Gurdah, … of this Court that Special Appeal is not maintainable in view of Chapter-VIII, Rule 5 of the Rules of the Court.11. Learned counsel for the

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Jul 20 1990

Raj Kumar Rajinder Singh Vs. State of Himachal Pradesh and Others

Court : Supreme Court of India

Decided on : Jul-20-1990

Subject : Environment

Acts : Forest Act, 1927 - Sections 3 to 27, 28 and 29 to 34; Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 - Sections 27; Indian Independence Act, 1947 - Sections 1 and 7(1); Government of India Act, 1935 - Sections 4 and 7(1); Specific Relief Act, 1963 - Sections 34; Himachal Pradesh Private Forest Act, 1954 - Sections 4, 5, 6 and 11; Land Holdings Act, 1972; Evidence Act - Sections 92

Reported in : AIR1990SC1833; JT1990(3)SC215; 1990(2)SCALE95; (1990)4SCC320; [1990]3SCR469

On 25th February, 1952 the Government of Himachal Pradesh issued a Notification under Section 29 of the Indian Forest Act, 1927 declaring that the provisions of Chapter IV of the said enactment shall apply to all forest lands … held that the suit was neither barred by limitation nor on account of Section 34 of Specific Relief Act, 1963. The other technical objections to the maintainability of the suit were spurned and the learned Trial Judge decreed … in Khatas Nos. 1 & 2, Khataunis Nos. 1 to 25 comprising 106 plots, both measured and unmeasured, bearing Khasra Nos. 1, 2, 6, 23,

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