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Gireesh Achar Vs. Government Of India

Court : Karnataka

..... coming on for further hearing through video conferencing this day, chief justice made the following: - 3 - order overview seventeen years after the forest (conservation) act, 1980 (for short 'the said act of 1980') came into force, the government of karnataka has passed an order in purported exercise of the powers under section 28 of the karnataka forest act, 1963 and has permitted use of a reserved forest for non-forest purpose without obtaining prior approval of the central government in accordance with ..... therefore, the land subject matter of this petition will be governed by the definition of forest as laid down by the apex court and hence, section 2 of the said act of 1980 is squarely applicable. ..... obtaining the prior approval of the central government in accordance with section 2 of the said act of 1963; (iii) we also hold that even if the state government purports to issue a notification under section 28 of the said act of 1963 without obtaining the prior approval of the central - 18 - government in accordance with section 2 of the said act of 1980, such a notification shall be per se illegal; (iv) if any of the officers are responsible for allowing non- forest activities on the lands subject matter of annexure-n, needless to add that .....

M/s S S C Steels Private Limited Vs. The State Of Karnataka

Court : Karnataka

..... section (7) of section 2 of the karnataka forest act, 1963 (for short 'the said act of 1963'), minerals including limestone have been included in the definition of forest ..... such as iron ore which is covered by the definition of forest produce under sub-section 7 of section 2 of the said act of 1963, no person is entitled to transport or move such iron ore which is a forest produce except in accordance with the passes issued by the forest officer in accordance with rule 145.11. ..... section (7) of section 2 of the said act of 1963, mineral found in or brought from a forest becomes a forest ..... in or brought from a forest which is covered by clause (b) of sub- section (7) of section 2 of the said act of 1963. ..... what is sought to be transported is the beneficiated mineral cannot be accepted for its face value and therefore, wherever there is a doubt, the authorities under the said act of 1963, are entitled to check whether what is transported is a forest produce or is a beneficiated mineral after completion of the process of beneficiation.16. ..... issue such pass: provided that no pass shall be required for the removal of:- (a) except to a port, landing place or railway station- (i) any forest produce which is being removed for bona fide domestic consumption by any person in exercise of privileges granted in this behalf or of a right recognised under the act, within the limits of the village in which it is produced, - 7 - (ii) twigs, leaves, brushwood and grass intended solely for conversion into .....

Kanyakumari District Planters Association, Nagarcoil rep., by its Secr ...

Court : Chennai

..... the other enactments such as the kerala forest act, 1961, the kerala land reforms act, 1963, were referred to and the hon'ble supreme court proceeded to take note of the definition of private forest as defined under section 2(f) of the kerala vesting act. ..... the case of the respondents is that (1) the definition of forest under section 2(aa) of the private forest act is an inclusive definition and encompasses all lands. ..... referring to the definition of 'forest' as defined under section 2(aa) of the private forest act, it was submitted that a word 'forest' as understood in common parlance is a large uncultivated tract of land covered by trees and under wood and there is a great deal of difference between a forest and a plantation as understood by a layman. ..... in paragraph 18 of the judgment in bhavani tea, reference has been made to the madras preservation of private forest act, 1949 and the definition of forest as defined under section 2(a) has been noted. ..... (i) section 2(aa) of the act defines 'forest' and it is an inclusive definition and for a land to be declared as a 'forest', a notification by state government is provided and without such notification, a land cannot be declared as a 'forest' under the provisions of the act. ..... it was submitted that section 2(aa), which defines 'forest' is an inclusive definition and forest as such has not been defined and the act could have no application to a land which is cultivated with rubber and other agricultural cash crops. .....

Khushboo Enterprises Vs. Forest Range Officer and anr.

Court : Kerala

Reported in : 1993CriLJ1100

..... equally unacceptable is the argument that, since 'sandalwood oil' also is included in the definition of forest produce in section 2(f) of the karnataka forest act, 1963, the same would imply that 'wood-oil' by itself will not take in 'sandal wood oil' ..... (1987) 2 aplj (hc) 458 to the effect that the oil produced by manufacturing process or human labour would not be wood oil and therefore sandal wood oil will not be taken in by the definition of forest produce in section 2(g) of the andhra pradesh forest act, 1967. ..... that case the scope of 'forest produce' in section 2(4) of the forest act, 1927 (act 16 of 1927) was considered in relation to a question concerning the privilege conferred upon advasis who are local inhabitants of reserved forest, in regard to exploitation of bamboos from forest. ..... of all, the very definition of section 2(f) of the act when understood in the light of timber in section 2(1) of the act would make it clear that, such man made products satisfying the condition of section 2(f)(i) also would be forest produce. ..... to the learned director general of prosecution the scope of the definition is such that it is inescapable that the definition of 'forest produce' in section 2(f) of the act will take in sandalwood oil also. ..... another aspect to be noted is, the definition of 'forest produce' in section 2(f) of the act is an inclusive definition. ..... rival contentions bring to the forefront the question as to the scope of definition 'forest produce' in section 2(f) of the act. .....

The State of Maharashtra Vs. Shivbalak Gawrishankar Dube

Court : Mumbai

Reported in : (1972)74BOMLR561; 1972MhLJ808

..... therefore, although the learned magistrate was not right in taking the view that 'grass' spontaneously growing on lands did not come within the purview of the definition of 'agricultural produce' in terms of section 2(1)(a) of the maharashtra agricultural produce marketing (regulation) act, 1963, the accused was entitled to an acquittal on the ground that the prosecution had failed to establish its case on the merits.16. ..... these observations cannot, however, be of any assistance to the accused, because so far as the present case is concerned, the term 'agricultural produce' has been defined by section 2(1)(a) of the maharashtra agricultural produce marketing (regulation) act, 1963, to which a reference has already been made, and in view of that definition, it is not open to this court to consider what the meaning of that expression is in common parlance. ..... the lands is also 'grass' falling within the ambit of the definition contained in section 2(1)(a) of the maharashtra agricultural produce marketing (regulation) act, 1963, the accused could not claim an exemption in respect of the licence by saying that he was merely trading or dealing in grass spontaneously growing on lands.15. ..... according to that definition, 'agricultural produce' means all produce (whether processed or not) of agriculture, horticulture, animal husbandry, apiculture, pisiculture and forest specified in the schedule and entry no. .....

State Of Kerala Vs. M/s Popular Estates (now Dissolved)

Court : Supreme Court of India

..... section 2(f) of the vesting act defined private forest in the following terms: (f) private forest means- (1) in relation to the malabar district referred to in subsection (2) of section 5 of the states reorganisation act, 1956 (central act 37 of 1956)- (i) any land to which the madras preservation of private forest act, 1949 (madras act xxvii of 1949), applied immediately before the appointed day excluding- (a) lands which are gardens or nilams as defined in the kerala land reforms act, 1963 (1 of 1964); (b) lands which are used principally for the cultivation of tea, coffee ..... the definition of private forest given in section 2(f) of the vesting act and section 2(47) of the klr act were considered by this court in gwalior rayons ..... which are gardens or nilams (defined in the klr act, 1963), are excluded from the definition of private forest under the vesting act under sub-clause (a). ..... it was observed that the definition of private forests applicable to the malabar district was not general in terms but limited to the area and lands to which the madras act applied, and exempted therefrom land described under sub-clause (a) ..... section 2 (1) (i) (b) evidences that lands used principally for cultivation of certain crops and lands used for construction of buildings for the purpose of running and maintaining a plantation are excluded from the definition of private forest ..... , enacts that certain lands are excluded from the definition of private forest falling under sub-clauses (a) to (d). .....

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

Court : Karnataka

..... appearing for the state and other respondents, while defending the impugned notification dated 16/08/2008, at the first instance, drew our attention to the provisions of the mysore forest regulations of 1900 and the indian forest act of 1927 and the act in question wherein, consistently minerals from the forest has been defined to be a forest produce and therefore, the definition of forest produce including minerals in section 2(7) (b) (iv) has been consistently in force for over a century both in the central as well as state enactments ..... general for the state is reproduced hereunder:- sl.no.forest conservation act, 1980 (central act)karnataka forest act, 1963 (state act)1.an act to provide for the conservation of forests and for matters connected therewith or ancillary or incidental thereto.an act to consolidate and amend the law relating to forests and forest produce in the state of karnataka2.provisions deal only with regard to restricting use of forest land for non-forest purpose or de-reservation of forests.provisions of karnataka forest act deal with protection, regulation and management of forests and forest produce in karnataka3.deals exclusively with .....

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

Court : Karnataka

..... the state and other respondents, while defending the impugned notification dated 16/08/2008, at the first instance, drew our attention to the provisions of the mysore forest regulations of 1900 and the indian forest act of 1927 and the act in question wherein, consistently minerals from the forest has been defined to be a forest produce and therefore, the definition of forest produce including minerals in section 2(7) (b) (iv) has been consistently in force for over a century both in the central as well as state enactments.-. ..... (iv) subsequently, on 24/09/2010 the following interim order was passed: the manner of determining payment under section 98-a of the karnataka forest act, 1963 as per the communication dated 23.8.2008 (annexure-f) is to be based on the price fixed by the dmg/mml/ ..... act and karnataka forest act, 1963, it was contended that the latter act including section 98-a and 98-b are provisions enacted prior to the ..... :- section 98-a of the karnataka forest act, 1963 (hereinafter referred to as the act for the sake of ..... girish, advocate for r5) ***** this writ petition is filed under article226of the constitution of india, praying to declare that the respondents are not entitled to demand & collect forest development tax under the section98 of the karnataka forest act, 1963 on the value of minerals purchased by the petitioner in respect of the mining lease granted under the provisions of the mmdr act1957& m.c.rules, 1960 in so far as the petitioner is concerned and .....

S.Muhammed Ismail Vs. State of Kerala

Court : Kerala

..... under the said act the expression private forest is defined under s.2(f) as follows: "(f) "private forest" means - (1) in relation to the malabar district referred to in sub-section (2) of section 5 of the state reorganisation act, 1956 (central act 37 of 1956) - (i) any land to which the madras preservation of private forests act, 1949 (madras act xxvii of 1949), applied immediately before the appointed day excluding- (a) lands which are gardens or nilams as defined in the kerala land reforms act, 1963 (1 of 1964); (b) lands which are used principally ..... the respondent was deprived of the possession and right to cultivate the lands on a wrong interpretation of the private forests act, the fact situation as on today is that the land is covered with naturally grown trees and undergrowth and, therefore, a "forest" which, as a consequence, becomes "ecologically fragile land" automatically in view of the definition of s.2(b)(i) of the ecologically fragile lands act. ..... in view of the definition of forest as contained in section 2(c) and the ecologically fragile land as contained in section 2(b) of the 2003 act which exclude the land which is principally covered with naturally grown trees and undergrowth and includes any forests statutorily recognised and declared as reserved forest, protected forest or otherwise, but does not include any land which is used principally for the cultivation of crops of long duration such as tea, coffee, rubber, pepper, cardamom, coconut, wa.931/12 42 .....

S. Murari and anr. Vs. State of Karnataka, by Range Forest Officer

Court : Karnataka

Reported in : 2004CriLJ2272; ILR2004KAR1706; 2004(6)KarLJ115

..... 11/2001-02 by the range forest officer, kudremukh, wherein the learned magistrate had permitted the range forest officer to investigate the case against the accused for offences under section 24 of the karnataka forest act, 1963, section 35(6) of the wild life (protection) act, 1972 and section 2 of the forest conservation act, 1980.4. ..... at this stage, it is also necessary to mention that statutory provisions of section 62-a(l) of the karnataka forest act lays down that a range forest officer shall be deemed to be a police officer for the purpose of section 156 of cr.p.c. ..... such being the case, the state, in this regard, cannot take shelter under section 62-a of the karnataka forest act to wriggle out of the situation.14. ..... the provisions of section 19 and 20 of the act also make it clear that a range forest officer cannot be treated as a police officer.13. ..... the learned magistrate, after being satisfied that there had been complaint for commission of said offences, had permitted the range forest officer to investigate into the case and the order of the learned magistrate cannot be found fault at all, particularly in the light of the fact that the range forest officer is also deemed to be a police officer for the purpose of exercise of power under section 155 of criminal procedure code. ..... the learned counsel also contends that, the range forest officer cannot be treated as police officer within the meaning of section 2(16) of the karnataka police act. .....