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Oct 14 2004

Sri Ram Saha Vs. State of West Bengal and ors.

Court : Supreme Court of India

Decided on : Oct-14-2004

Subject : PropertyCivil

Acts : West Bengal Land Reforms Act, 1955 - Sections 4A, 4A(1), 4A(2), 4(3) 4B, 4C, 4C(1), 4C(2), 4C(5) 50 and 51; Forest Conservation Act, 1980 - Sections 2

Reported in : AIR2004SC5080; (SCSuppl)2005(1)CHN152; JT2004(9)SC136; 2004(8)SCALE800; (2004)11SCC497

This Court in T.N. Godavarman Thirumulkpad (supra) was dealing with forests having regard to the provisions of the Forest Conservation Act, 1980 (for short 'the Conservation Act') and to the environmental and ecological aspects of the matter, considering the possible … considering the possible effect due to deforestation. In para 4 of the judgment, it is stated thus:-'4. The Forest Conservation Act, 1980 was enacted with a view to check further deforestation which ultimately results in ecological imbalance; and therefore, the

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Dec 08 2003

Central Coalfields Limited Vs. State of Bihar and anr.

Court : Jharkhand

Decided on : Dec-08-2003

Subject : Commercial

Acts : Forest (Conservation) Act, 1980 - Sections 2; Coal Bearing Areas (Acquisition and Development) Act, 1957 - Sections 10 and 11

Reported in : 2004(1)BLJR368

the notice of the petitioner Company about the need for prior permission of the Central Government under the Forest (Conservation) Act, 1980, before taking up any non-forest activity in forest areas covered by the Forest (Conservation) Act, 1980. The letter … under the Forest (Conservation) Act, 1980, before taking up any non-forest activity in forest areas covered by the Forest (Conservation) Act, 1980. The letter also called upon the petitioner-Company to comply with the requirements of the Forest (Conservation) Act, 1980.

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Oct 30 2002

K.M. Chinnappa and T.N. Godavarman Thirumalpad Vs. Union of India (Uoi ...

Court : Supreme Court of India

Decided on : Oct-30-2002

Subject : Environment

Acts : Wildlife (Protection) Act, 1972 - Sections 3, 35(1), 35(4) and 35(5); Environment (Protection) Act, 1986 - Sections 3; Mineral Concession Rules, 1960 - Rules 24B and 29; Mines and Minerals (Regulation and Development) Act, 1957; Forest Conservation Act, 1980 - Sections 2; Karnataka Municipalities Act, 1964 - Sections 349; Constitution of India - Articles 1, 6, 7, 14, 21, 47, 48, 48A and 51A; ;Constitution of India (42nd Amendment) Act, 1976; Forest Conservation Rules, 1981 - Rules 4, 5 and 6

Reported in : AIR2003SC724; 2003(2)ALLMR(SC)389; 2003(51)BLJR324; [2003(1)JCR105(SC)]; JT2002(9)SC200

the land in question from being forestland is clearly untenable in view of the Section 2(ii) of the Forest(Conservation) Act, 1980 (in short the 'Conservation Act'). 14. The seminal issue involved is whether the approach should be 'dollarfriendly'

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Jul 21 2000

Goa Foundation and ors. Vs. State of Goa Through Secretary and ors.

Court : Mumbai

Decided on : Jul-21-2000

Subject : Environment

Acts : Constitution of India - Article 21; Forest (Conservation) Act, 1980 - Sections 2 and 4; Forest (Conservation) Rules, 1981 - Rules 4, 5 and 6

Reported in : 2001(3)BomCR813

or so called private forest and revenue lands was thought not to come in the purview of the Forest (Conservation) Act, 1980. On account of judgment passed by this Court, the position has now altered. Felling of trees in the … 4 could not proceed with any diversion or change of user without permission under the provisions of the Forest (Conservation) Act, 1980. Therefore the reliefs as prayed for.3. On behalf of respondent No. 4, one T. Ramaswamy, General Manager of

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Aug 30 1988

Rural Litigation and Entitlement Kendra Vs. State of U. P.

Court : Supreme Court of India

Decided on : Aug-30-1988

Subject : Constitution

Acts : Code of Civil Procedure (CPC) - Sections 11; Forest (Conservation) Act, 1980 - Sections 2; Constitution of India - Articles 32, 48A and 51A

Reported in : AIR1988SC2187; (1989)1CompLJ105(SC); JT1988(3)SC787; 1988(2)SCALE1574; 1989Supp(1)SCC504; [1988]Supp2SCR690; 1988(2)LC680(SC)

and undue affectation of air, water and environment.The Order of 12th March, 1985, did not refer to the Forest (Conservation) Act of 1980 when it permitted the A category lime stone quarries located outside the city limits to operate.5.

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Mar 18 2004

M.C. Mehta Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Mar-18-2004

Subject : Environment

Acts : Environment (Protection) Act, 1986 - Sections 3, 3(1), 3(2), 3(3) and 23; National Capital Region Planning Board Act, 1985 - Sections 2; Punjab Land Preservation Act, 1900 - Sections 4 and 5; Environment (Protection) Rules, 1986 - Rules 5, 5(3), 5(4) and 6(3); Forest (Conservation) Act, 1980 - Sections 2; Town and Country Planning Act; National Environment Appellate Authority Act, 1997; Constitution of India - Articles 21, 47, 48A and 51A; Mines and Minerals (Regulation and Development) Rules; Mines and Minerals (Regulation and Development) Act, 1957 - Sections 13 and 18; Mineral Concession Rules, 1960 - Rules 4A, 22(4), 22(4A) and 22(5); Air (Prevention and Control of Pollution) Act, 1981; The Water (Prevention and Control of Pollution) Act, 1974; Mineral Conservation and Dev

Reported in : AIR2004SC4016; 2005(5)ALLMR(SC)353; (2004)3CompLJ199(SC); JT2004(4)SC181; 2004(3)SCALE396; (2004)12SCC118

Guidelines of MEF issued from time to time.(c) Detailed Feasibility Report.(d) Proposal for diversion of forest land under Forest (Conservation) Act, 1980 including benefit cost analysis.13. Recommendations of the State Pollution Control Board and/or the State Department of Environment and … 1966, Air (Prevention and control of Pollution) Act, 1981, The Water (Prevention and Control of Pollution) Act, 1974, Forest (Conservation) Act, 1980. Mere approval of the mining plan by Government of India, Ministry of Mines would not absolve the lease

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Feb 03 1994

Vishnu Kumar Khatar Vs. State of Bihar and ors.

Court : Patna

Decided on : Feb-03-1994

Subject : PropertyCivil

Acts : Constitution of India - Article 226; Forest (Conservation) Act, 1980 - Sections 2; Evidence Act, 1872 - Sections 115

and out of the aforesaid forest land, nine acres was broken up before coming into force of the Forest (Conservation) Act, 1980 (hereinafter referred to as the Act) and mining operation continued thereon. As the period of lease was going … of no consequence inasmuch as the Collector apparently failed to take into consideration the mandatory provisions of the Forest (Conservation) Act, 1980.15. Section 2 of the Forest (Conservation) Act is absolutely clear and unambiguous which in no uncertain terms mandates

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Jan 18 2006

Kamal Kishore and ors. Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Decided on : Jan-18-2006

Subject : Civil

Acts : Gwalior State Forest Act Samvat, 1962 - Sections 5 and 6; Madhya Bharat Forest Act Samvat, 2007 - Sections 86; Madhya Bharat Forest Act Samvat, 1950; Madhya Pardesh Extension of Laws Act, 1958 - Sections 6; Indian Forest Act, 1927 - Sections 4, 20A, 20A(1), 20A(2), 20A(4), 26, 33, 68 and 82; ;Madhya Pradesh Forest (Amendment) Act, 1965 - Sections 20; Forest Act, 1905; Madhya Pradesh Extension of Laws Act - Sections 6.1; Indian Forest (Madhya Pradesh Amendment) Ordinance, 1964; ;Forests (Conservation) Act, 1980 - Sections 2

Reported in : AIR2006MP167; 2006(2)MPHT45; 2007(1)MPLJ181

of 1965.22. Now the question is whether non-forest activities can be permitted on the forest lands.23. Under the Forest (Conservation) Act, 1980 no non-forest activities ca.n be permitted on the said forest lands. State is directed not to allow any … after two months for further orders. Environment - Forest Area - Public Interest Litigation - Section 2 of Forest(Conservation) Act, 1980 and Section 20A of Indian Forest Act, 1927 - Petition was filed for restricting respondent from permitting non

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Oct 16 1998

The Goa Foundation and Another Vs. the Conservator of Forests and Othe ...

Court : Mumbai

Decided on : Oct-16-1998

Subject : Environment

Acts : Forest Conservation Act, 1980 - Sections 2; Constitution of India - Article 226; Goa Town and Country Planning Act, 1974 - Sections 141; Goa Planning Development Authority (Development Plan) Regulations, 1989 - Regulation 26; Goa, Daman and Diu Land Revenue Code, 1968 - Sections 32; Goa, Daman and Diu Preservation of Trees Act, 1984 - Sections 8; Goa, Daman and Diu Town and Country Planning Board Rules, 1976

Reported in : 1999(2)BomCR695

to challenge various permissions granted for the said developmental activity which is contrary to the provisions of the Forest (Conservation) Act, 1980, (hereinafter called F.C.A. 1980).2. The petitioners' case is that Survey No. 69/4 is 'forest' and non-forest activity therein … original vegetation; that directions to the Deputy Collector (respondent No. 5) to first procure prior clearance under the Forest Conservation Act, 1980, from the Ministry of Environment and Forests before issuing any sanad for conversion of plots or lands. Pending

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Mar 26 2008

Exotic Granite Exports Rep. by Its Managing Partner Sri. K. Ramachandr ...

Court : Andhra Pradesh

Decided on : Mar-26-2008

Subject : Commercial

Acts : Forest (Conservation) Act, 1980 - Sections 2, 3, 4, 4(1), 5 to 13, 15, 17, 17A(1) and 17A(2); Coal Mine Act; Andhra Pradesh Mines and Minerals (Development and Regulation) Act, 1957 - Sections 2, 5, 11, 11(1) and 11(5); Right to Information Act (RTI), 2005; Constitution (Seventh Amendment) Act, 1956; Andhra Pradesh Minor Mineral Concession Rules, 1966 - Rule 12 and 12(5); Forest (Conservation) Rules 2003 - Rules 6, 6(1), 7, 11, 28, 59(1) and 61(6); Writ Proceedings Rules, 1977 - Rule 15; Mineral Concession Rules, 1949 - Rules 13 and 17; Constitution of India - Articles 14, 19(1), 73, 154, 162, 226, 297 and 298

Reported in : 2009(5)ALT200

to the Divisional Forest Officer, Warangal South, Warangal to process the said application under Section 2 of the Forest (Conservation) Act, 1980. By and under the same proceedings, the Assistant Director requested the Divisional Forest Officer to depute the concerned … for grant of quarry lease on 4-8-2003 and also submitted proposals for Forest Clearance under Section 2 of Forest (Conservation) Act 1980. The Divisional Forest Officer had returned the proposals with a request to obtain alternate land. Accordingly the 6th

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