Court : Supreme Court of India
Reported in : AIR1966SC1847; 1962(0)BLJR333; [1962]3SCR727
..... the petitioner's case was that the forest having become a protected forest under chapter iv of the india forest act the collector was the proper and competent authority to give permission to clear or break up for cultivation, land in this forest under rule 8 of the rules made by the government of bihar in exercise of the power conferred by section 32 of the indian forest act, 1927 and that neither the forest officer nor the government of bihar itself could in law interfere with what he was doing on the strength of ..... the forest land became vested in the state on the 30th december, 1952, there was a notification on january 22, 1953, which both parties agree, was in substance under the proviso to section 29 of the indian forest act, 1927. ..... is that the prohibition by the state government of clearing or breaking up for cultivation or for any other purpose of any land in a protected forest by the notification dated may 29, 1953, under section 30 of the india forest act, 1927, must prevail over the permission given by the collector. ..... all doubts are however set at rest by section 34 of the act which runs thus :- 'nothing in this chapter shall be deemed to prohibit any act done with the permission in writing of the forest officer, or in accordance with rules made under section 32, or except as regards any portion of a forest closed under section 30, or as regards any rights the exercise of which has been suspended under section 33, in the exercise of any right recorded under section 29'. .....
Tag this Judgment!Court : Himachal Pradesh
..... the divisional forest officers incharge of territorial forest divisions and wildlife divisions in himachal pradesh have been notified as rs.authorized officers under sub-section(1) of section 52a of indian forest act, 1927 (himachal amendment) (for short, act). ..... 2 is directed to decide the application dated 25.9.2010 annexure p-3 of the petitioner within a period of three months in accordance with law and indian forest act, 1927 (himachal amendment) from the date of receipt of a copy of this judgment to be supplied by the petitioner to respondent no. 2. ..... the sections 52a, 52b of indian forest act, 1927 (himachal amendment), are as follows:- 52-a. ..... 2 has neither released the truck in favour of the petitioner nor he has taken any decision otherwise with respect to the truck under sections 52a and 52b of indian forest act, 1927 (himachal amendment). ..... the show cause was issued, under section 52b of indian forest act, 1927 (himachal amendment). ..... cases:- (1) notwithstanding anything contained in this chapter, where a forest-offence is believed to have been committed in respect of timber (excluding fuelwood), resin, khair wood and katha, which is the property of the state government, the officer seizing the property under sub-section (1) of section 52 without any unreasonable delay produce it, together with all tools, ropes chains, boats or vehicles used in committing such offence before an officer, authorized by the state government in this behalf, by notification published .....
Tag this Judgment!Court : Delhi
..... of delhi appointed the adm (revenue) to be the forest settlement officer to enquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over any land comprised within such limits, as stood notified vide notification no.10(42)-ipa/dcf/93(1) dated 24th may, 1994 or in or over any forest produce and to deal with the same as provided in chapter ii of the indian forest act, 1927 .36. ..... guite, deputy conservator forest (south), forest officer to the effect that sanction of the state government was not obtained in terms of section 25 of the indian forest act, 1927. ..... union of india in the supreme court of india contending inter alia that the ridge was notified as a reserved forest under the indian forest act, 1927 and all encroachments on it, in violation of the provisions of that statute, would be illegal irrespective of the government s ..... (c)no.365/2017 & fao(os)no.200/2017 page 8 of 95 section 25 of the indian forest act, 1927 and that, for over 30 years, the subject road was the primary access to the indira ..... by us) therefore, in view thereof all forest lands, whether notified under section 4 of the indian forest act, 1927 or not would attract the prohibitions of the forest (conservation) act, 1980. ..... the appellants in fao(os)no.200/2017, that it is not open to the respondents to effect fencing or construction of the wall unless proceedings under section 20 of the indian forest act, 1927 and the notification thereunder are issued. .....
Tag this Judgment!Court : Delhi
..... of delhi appointed the adm (revenue) to be the forest settlement officer to enquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over any land comprised within such limits, as stood notified vide notification no.10(42)-ipa/dcf/93(1) dated 24th may, 1994 or in or over any forest produce and to deal with the same as provided in chapter ii of the indian forest act, 1927 .36. ..... guite, deputy conservator forest (south), forest officer to the effect that sanction of the state government was not obtained in terms of section 25 of the indian forest act, 1927. ..... union of india in the supreme court of india contending inter alia that the ridge was notified as a reserved forest under the indian forest act, 1927 and all encroachments on it, in violation of the provisions of that statute, would be illegal irrespective of the government s ..... (c)no.365/2017 & fao(os)no.200/2017 page 8 of 95 section 25 of the indian forest act, 1927 and that, for over 30 years, the subject road was the primary access to the indira ..... by us) therefore, in view thereof all forest lands, whether notified under section 4 of the indian forest act, 1927 or not would attract the prohibitions of the forest (conservation) act, 1980. ..... the appellants in fao(os)no.200/2017, that it is not open to the respondents to effect fencing or construction of the wall unless proceedings under section 20 of the indian forest act, 1927 and the notification thereunder are issued. .....
Tag this Judgment!Court : Gujarat
Reported in : (1989)1GLR36
..... on july 6, 1956, the state government issued notification under section 34a of the indian forest act, 1927 and declared uncultivated land in the 39 villages of wagach jagir to be the forest land for the purpose of chapter v of the act. ..... 70) passed by the divisional forest officer, chhota udaipur cancelling the authorisation granted earlier on november 16 and 28, 1964 for cutting trees and bamboos from the forest area and restraining them from taking away the woods and directing them not to cut wood from the forest area in future was illegal and ..... the divisional forest officer had taken follow up action and restrained the plaintiff and other persons from cutting woods from the forest area in ..... thereupon the divisional forest officer informed the contractors including the plaintiff that the jagirs had been abolished and the reserved space and the trees standing on the land belong to the state government and therefore they ..... plaintiff paid the amount of royalty as claimed by the divisional forest officer on different dates. ..... after the judgment of the supreme court the divisional forest officer cancelled the authorisation given to the plaintiff sometime in november 1964 and also claimed royalty as per orders dated june 8, 1965 and january 13, 1966 which are produced at ..... the plaintiff and others challenged the legality and validity of the action of the divisional forest officer by filing special c.a. no. ..... also prayed that the order passed by the divisional forest officer directing to pay rs. .....
Tag this Judgment!Court : Uttaranchal
..... according to the petitioners, supreme court allowed the petitioner to file a claim under chapter ii of the indian forest act, 1927, before the appropriate authority, within a period of 30 days, in response to which on 05.12.1962, the aforesaid writ petitioner filed claim no. ..... ' in para 31, the apex court says - 'we may add, however, that the learned counsel for the respondents has stated before us that if a claim is made even now under chapter ii by the petitioner within thirty days of our judgment, even though it may be time barred as from the date of proclamation issued under section 6, the forest settlement officer will entertain it and consider the claim as required under chapter ii. ..... 67 of 1967 was transferred, decided the appeal vide impugned judgment and order dated 27.10.1983, whereby the appeal was allowed and the order dated 09.08.1967, passed by forest settlement officer, dehradun, declaring the petitioner bhumidhar was set aside. ..... on 5th of july 1952, the city magistrate, tehsildar and the district forest officer, dehradun, came at the spot and stopped the lessee from felling trees and removing the same. ..... said appellate authority stayed the operation of the order, passed by forest settlement officer, during pendency of appeal. ..... by a communication dated 17.06.1952, divisional forest officer, dehradun (present respondent no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC1684; [1962]2SCR292
..... . the correlation between bihar act iii of 1946 now impugned and the indian forests act, 1927, is brought out in the long title of the former, the operative words of which are repeated in the preamble : 'an act to provide for the conservation of forests which are not vested in the crown or in respect of which notifications and orders issued under the indian forests act, 1927 are not in force.' 38 ..... (1) when the following events have occurred, namely :- (a) the period fixed under section 16 for preferring claims has elapsed, and all claims, if any, made under sections 16 and 22 have been disposed of by the forest settlement officer; and (b) if any such claims have been made, the period limited by section 26 for appealing from the orders passed on such claims has elapsed, and all appeals (if any) presented within such period have ..... we consider that it will be convenient to deal first with the point as to whether, assuming that the bihar private forests act, 1946 and 1948 were valid, the proceedings under chapter iii of the act for declaring the village of jun as 'a private protected forest' were legal before considering the question as to the constitutionality of the act raised by the additional grounds urged before us. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)MhLj71
..... passed by the learned judicial magistrate, first class, warud and the order passed by the sessions judge, amravati releasing in favour of the respondent a pair of bullocks and the bullock-cart which were seized by the forest officers in exercise of powers under section 52 of the indian forest act, 1927 (hereinafter called as 'the said act'). ..... on perusal of chapter ix of the said act as is applicable to the state of maharashtra pursuant to the amendment of the said act, brought about by virtue of act of maharashtra 7 of 1985, it is apparent that section 61-g restricts the jurisdiction of the criminal courts to deal with the property seized under the said act by the forest officers in certain cases. ..... authorised officer under the said act dealing with the proceedings for confiscation of seized property in terms of section 61-a of the said act or the conservator of forest exercising the revisional powers under section 61-c of the said act or the sessions judge exercising appellate jurisdiction under section 61-d of the said act in relation to the orders passed by the officers under the said act can adjudicate and decide about the possession, delivery, disposal or distribution of such property seized by the forest officers under section .....
Tag this Judgment!Court : Mumbai Aurangabad
..... respondents, in the circumstances, rely on presumption under section 69 of the indian forest act, 1927 to claim that until contrary is proved, the forest produce shall presume to be the property of the government. ..... it has been submitted for the petitioner that, he had requested the range forest officer, chalisgaon and was given transit pass/order, permitting him to carry 22 quintals of salai gum and 15 guintals of ordinary kad gum from hirapur godown to village pal as per order dated 21.2.2009 (annexure d) and the ..... has been substantiated by seizure of illegal gum vehicles and forest officers registered for illegally making notches on salai and other gum exuding trees in forest areas of yawal forest division and in pal forest round. ..... rules show that no forest produce shall be moved into or from or within district except as provided in the chapter, without a pass from some officer or person duly authorized. ..... he also obtained an enquiry report from range forest officer (annexure s in the present matter) and has dealt with the specific averments made by the petitioner, and recorded his ..... (d) according to the petitioner, the range forest officer then conducted an enquiry and submitted report dated 3.4.2013 (annexure ..... the range forest officer forwarded report dated 20.4.2009 to assistant conservator of forest, reporting that there was no permission for storing of the said gum and truthfulness of the claim that the gum was brought on government pass was required to be verified (annexure .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR568; (2004)IIILLJ259Guj
..... indian forests act, 1927 is the law relating to the forests, the transit of forest produce and the duty leviable on timber and other forest ..... officers of the indian forests ..... in exparte professional engineers association [(1959) (107) clr 208, at page 249], that, it would not be inconsistent (with the decision in that case) for the commissioner to exclude officers 'not in fact concerned with anything but bare administrative service to the state unconnected with any kind of construction work or with any other matter which might be regarded as providing a sufficient ..... and services, production and distribution of which is undertaken by its own unit, such separate entities will, prima facie, be 'industry' notwithstanding the fact that the whole department of forest and environment is not an industry by itself and has various other functions, distinct from industrial, which may be sovereign functions that are primary and inalienable constitutional functions or even socio ..... and, where necessary, restoration of the ecological balance, conserving the natural heritage of the country, checking soil erosion and denudation for mitigating floods and droughts, increasing substantially the forest / tree cover in the country through massive afforestation and social forestry programmes, especially on all denuded, degraded and unproductive lands, creating a massive people's movement with the ..... chapter ii of that act relates to reserved forests and empowers the state government to constitute reserve forests .....
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