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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

in 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 … in respect of which such notice has been issued, would become a 'private forest' within the meaning of Section 2(f)(iii) of the Maharashtra Private Forest (Acquisition) Act, 1975, (for short 'Private Forest Act'.)3. Writ Petition No. 1957 of

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

application 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 1975 was passed on 29-8-1975 and it came into operation on 30-8-1975 (being the 'appointed day' under Section 2 (a) of the Act). Under Section 3 thereof all private forests were compulsorily acquired and stood vested in

The State of Bihar and anr. Vs. Kedar Sao and anr.

Court : Supreme Court of India

Subject : CriminalFood Adulteration

Acts : Indian Forest (Bihar Amendment) Act, 1990 - Sections 2(3), 2(4), 5, 6, 32, 33(1), 41, 41(1), 42, 42(1), 52, 52(3), 52(4), 52(5), 52A, 52B, 52C, 52D, 53C, 55 and 61; Bihar Forest Produce (Regulation of Trade) Act, 1984 - Sections 1(3), 1(4), 14, 15, 17, 20, 21, 28 and 32; Indian Forest Act, 1927 - Sections 29(2) and 30; Bihar Timber and other Forest Produce Regulation of Transit Rules, 1973; Bihar Kendu Leaves (Control of Trade) Act, 1973; Code of Criminal Procedure (CrPC) , 1973 - Sections 102 and 103; Prevention of Food Adulteration Act, 1954; Fruit Products Order, 1955

Reported in : AIR2003SC3650; 2003(2)ALD(Cri)670; 2003CriLJ4903; JT2003(7)SC276; 2003(6)SCALE639; (2004)9SCC344

applied to the case by virtue of Section 32 of the said Act and the provisions of the Indian Forest Act, 1927 stood excluded and consequently the Authorities under the central enactment had no powers to confiscate the vehicle and … identical questions of law are involved in these appeals and, therefore, they are dealt with together.CRIMINAL APPEAL NO. 231 OF 1996:3. On receipt of secret information, the Range Officer of Forests, Simariya Range, Chatra South Forest Division,

Chintamani Gajanan Velkar Vs. State of Maharashtra and ors.

Court : Supreme Court of India

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)

when 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. … In other words, the Deputy Collector held that for the purpose of the definition of 'private forest' under Section 2(f) of Maharashtra Act, 1975 it was necessary that notice be not only issued under Section 35(3) of the

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

notice 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 … order passed by Sub-Divisional Officer and observing that the land in question was 'forest' within the meaning of section 2(c-i) of the Act of 1975. It was also held to be 'private forest' falling under section 2(f) of

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

produce' 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

Bihar Plywood Manufacturers Association and ors. Vs. the State of Biha ...

Court : Patna

Subject : Civil

Acts : Indian Forest Act, 1927 - Sections 2(4) and 2(6)

affirmative holding that Veneer is 'fashioned wood' and therefore, timber and forest produce within the meaning of the Indian Forest Act, 1927. However, when the writ petition came up for hearing before a learned Single Judge, accepting the submission of … they require veneer. Veneer is manufactured from logs. The logs are taken to the mill where they are sectioned in sizes according to requirements. After removing barks the naked pieces are fitted in the peeling machine and … case of Woodman Industries and Ors. v. State of Bihar and Ors., 2001 (1) PLJR 275, has already answered the question in the affirmative holding

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

Learned 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. … questions of law which has arisen for consideration in the present appeal. 2. The appellant's father Shri P. N. Sarin had in the year 1945 … year 1976 appellants succeeded to the property in question. By a Gazette Notification dated 21st December, 1977 under Section 4-A of the Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960 (hereinafter referred to as KUZALR

Harun and Brothers Vs. State of U.P. and Another

Court : Allahabad

Subject : Other Taxes

Acts : Indian Forest Act, 1927 - Sections 2(4), 41, 42, 51 and 76; Uttar Pradesh Transit of Timber and other Forest Produce Rules, 1978 - Rules 3 and 5

Reported in : 1998(1)AWC542

Uttar Pradesh in exercise of power conferred upon it under Sections 41, 42, 51 and 76 of the Indian Forest Act, 1927 (hereinafter called the 'Act').4. Rule 3 of the Rules provides that no forest produce shall be moved into … transit pass contemplated under Rule 3.6. The rules do not define the expression 'forest produce'. Sub-section (4) of Section 2 of the Act defines forest produce. It is not disputed by the learned counsel of the petitioner that

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

the 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 … health. (2)..... (3) No notification shall be made under sub-section (1) nor shall any work be begun under sub-section (2), until after the issue by an officer authorised by the State Government in that behalf of a notice