Court : Delhi
..... power to stop ways and water-courses in reserved forests. ..... - in exercise of the powers conferred by section 29 the indian forest act, 1927, read with the government of india, ministry of home, notification no.104 j and no.146-j dated 24.8.50 and 6.12.50, the lt. ..... governor of the nct of delhi issued a notification dated 24th may, 1994 under section 4 of the indian forest act, 1927 declaring the land mentioned in schedule a thereto as reserved forest . ..... (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 enclave. ..... counsel for 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. ..... (xi) that even if section 25 of the indian forest act, 1927 was applicable to the land of khasra nos.487, 490 and 491, the same w.p. ..... the objection with regard to requirement of completion of proceedings under section 20 of the indian forests act, 1927 was considered by the supreme court and rejected in the order dated 3rd january, 1996 when it was held as follows : we are of the view that the fencing of the ridge area need not wait for completion of the proceedings under section 20 of the forests act. .....
Tag this Judgment!Court : Delhi
..... power to stop ways and water-courses in reserved forests. ..... - in exercise of the powers conferred by section 29 the indian forest act, 1927, read with the government of india, ministry of home, notification no.104 j and no.146-j dated 24.8.50 and 6.12.50, the lt. ..... governor of the nct of delhi issued a notification dated 24th may, 1994 under section 4 of the indian forest act, 1927 declaring the land mentioned in schedule a thereto as reserved forest . ..... (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 enclave. ..... counsel for 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. ..... (xi) that even if section 25 of the indian forest act, 1927 was applicable to the land of khasra nos.487, 490 and 491, the same w.p. ..... the objection with regard to requirement of completion of proceedings under section 20 of the indian forests act, 1927 was considered by the supreme court and rejected in the order dated 3rd january, 1996 when it was held as follows : we are of the view that the fencing of the ridge area need not wait for completion of the proceedings under section 20 of the forests act. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(5)BomCR439; 1999CriLJ4019
..... 3 - gajanan sonawane-driver of the truck were prosecuted for the offence punishable under sections 41 and 42 of the indian forest act, 1927 on the allegations that they were found in possession of forest produce without valid transit pass. ..... 1 and 3 under sections 41 and 42 of the indian forest act, 1927 and filed the complaint before the judicial magistrate, first class, mohadi. ..... 57/96 whereby the present non-applicants 1 and 3 were discharged from the offence punishable under sections 41 and 42 of the indian forest act and the property was returned to the complainant i.e. ..... it is further contended that the sessions judge has not properly appreciated the provisions of section 41 and 42 of the indian forest act and further wrongly held that section 42 cannot be held to be a punishing section. ..... 3) for their discharge on the ground that prima facie case has not been made out against them for the offence punishable under sections 41 and 42 read with section 64 of the indian forest act. ..... it is further submitted that section 41 deals with the powers of the state government to make rules to regulate the transit of forest produce and section 42 deals with penalty for breach of rule made under section 41 of the indian forest act. ..... 1 was absent on that day, this court has adjourned the matter by way of last chance in order to give opportunity to the respondents to appear in the matter on the next date. ..... the forest department by way of appeal before the sessions judge, bhandara. .....
Tag this Judgment!Court : Jharkhand
..... section 30 of the indian forest act gives power to the state government to notify declaring any trees or class of trees to be reserved from a ..... also been submitted that the seizure was made by a forest officer, who was not competent to conduct search and seizure in view of section 52 d of the indian forest act, which envisages a forest official not below the rank of a range officer to ..... section 52 of the indian forest act deals with seizure of property liable to confiscation and section 52 d ( bihar amendment) specifically envisages that any forest officer not below the rank of range officer of forest if he has a reasonable ground to believe that any offence has been committed in contravention of the act can conduct, search and seize any article ..... ) reported in 2013 (1) jbcj8 it was held that the notification issued in the year 1955 notifying the forest to be a protected forest had lost its force after 30 years and therefore the conviction of the petitioners under section 33 of the indian forest act cannot be sustained in the eyes of law.9. ..... guidelines have been laid down to ensure that the false cases are not instituted and official in the rank of a range forest officer and above have been authorized to conduct search and seizure in terms of section 52(d) of the indian forest act and therefore the plea made by the learned counsel for the petitioners with respect to clause 10.16 of the guidelines cannot be said to be a mandatory provision, the violation of which would lead to .....
Tag this Judgment!Court : Mumbai
..... gazetted on 21 october 1959, came to be entered into between the collector of colaba and bivalkars under section 38 (2) of the indian forest act, 1927 (for short, forest act ) for management of the private forest lands on behalf of the bivalkar, by the forest department of government, as reserved forest , on the terms and conditions set out therein. ..... in inam villages to vest in government:- all public roads, lanes and paths, the bridge, ditches, dikes and fences, on or beside, the same, the bed of the sea and of harbours, creeks below high water mark, and of rivers, streams, nallas, lakes, wells and tanks, and all canals, and water courses, and all standing and flowing water, all un-built village site lands, all waste lands and all uncultivated lands (excluding lands used for building or other nonagricultural purposes ..... new town in the draft development plan for the bombay metropolitan region and that the government is satisfied that it is expedient in the public interest that the area shall be developed as a site for the proposed new town, and therefore, in exercise of the power conferred under section 113(a) of the maharashtra regional and town planning act, 1966 (for short, mrtp act ) designated the land described in the schedule there-under, the ..... it is relevant to note that cidco contended that proceedings under the private forest act were void and ab initio and so also the government which, in a way, supports the case of the petitioner, that the impugned order of the year 1989 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC335b; JT1991(4)SC265; 1991(2)SCALE931; (1991)1SCC742; [1991]Supp1SCR564
..... the government issued a notification dated 15th february, 1955 under section 4 of the indian forest act, 1927 and constituted certain survey numbers of the village nalej into a reserve forest. ..... therefore, the state of gujarat can exercise those rights and issue under section 4 of the indian forest act, 1927 the impugned notification.2. ..... 102 of village nalej was already continuing as reserved forest under the forest rules of chhota udepur state, then there was no necessity at all of issuing a fresh notification under section 4 of the indian forest act. ..... the interest which chhota udepur state had in those trees devolved upon the state of gujarat and, therefore, under section 4 of the indian forest act, 1927 it was within the power and authority of the state of gujarat to issue the impugned notification.3. ..... , penalty, obligation, liability, claim or demand or any indemnity already granted, or the proof of any past act or thing; nor shall the repeal by this order of any enactment affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, in so far as the same respectively is not in any way inconsistent with any of the enactments extended under paragraph 3 of this order, notwithstanding that the ..... since the trees in question had vested in the state it was within the power and authority of the state to issue the impugned notification.4. .....
Tag this Judgment!Court : Jharkhand
..... -3- perusal of section 29 of the indian forest act suggests that any portion of the forest area not included in a reserved forest and by which the government has proprietary right can be declared to be protected forest by virtue of a notification. ..... learned senior counsel has further submitted that in terms of section 31 of the indian forest act, the collector shall cause a translation into the local vernacular of every notification issued under section 30 to be affixed in a conspicuous place in every town and village in the neighborhood of the forest comprised in the notification. ..... he has referred to section 30 (b) of the indian forest act and has submitted that after expiry of 30 years, the protected forest ceases to be closed and in such circumstances since the foundation of institution of the case has been demolished, the petitioner deserves to be granted anticipatory bail. ..... 38p), registered for the offence punishable under sections 33/52(a) and 64 of the indian forest act, 1989 ( bihar amendment). ..... in order to appreciate the contention of learned counsel for the petitioner, it would be apt to refer to section 29 of the indian forest act, which is quoted herein below:-"9. ..... section 30 of the indian forest act gives the state government power to issue notification reserving trees etc. ..... the prosecution report suggests that in course of patrolling at jatro banjari forest, the informant noticed 30 to 40 persons were involved in stone breaking within preserved forest area. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2005(1)JCR54(Jhr)]
..... on 1st of july 1955 as per notification under section 29 of the indian forest act, 1927, although this notification was provisional, as final notification was to be issued after inquiry relating to the rights and privilege of the persons residing in nearby area and within six months from the date of notification under section 29 of the indian forest act, notification was to be issued, but no such notification has been brought ..... sub-section (1) of section 29 permits the state government to issue a notification declaring the application of the provisions of chapter iv to any forest land which is not included in a reserved forest but which is the property of government, or over which the government has proprietary rights, or to the whole or any part of the forest produce of which the government is ..... further alleged that circle officer had no power to mutate the land and whatever receipts had been granted, that are collusive and it is wrong to say that appellant has constructed a residential house and has improved the disputed land. ..... in course of submissions, learned counsel for the appellant pointed out that plaintiff-appellant has also made out a case on the basis of adverse possession and there is no denial on behalf of the defendants on the point of adverse possession and also there is no finding of the learned court below on the point of ..... 917 of village mohulia by way of raiyati rights by the bdo, burmu for and on behalf of the state of bihar and came in possession over that land .....
Tag this Judgment!Court : Jharkhand
Reported in : 2009(57)BLJR2477
..... it has been submitted that though the petitioners have their bona fide claim of title and possession over the land, the forest department, taking undue advantage of its power unnecessarily, has dragged the petitioners in a criminal case and the learned court below without taking into consideration all the legal and factual aspects has taken cognizance of the offence under section 33 of the indian forest act against the petitioners over again.4. ..... it has been submitted that the petitioners once acquitted of the charge under section 33 of the indian forest act cannot be subjected to the same charge and cannot be repeatedly vexed by instituting malicious prosecution in respect of the same land. ..... , supported the order of the learned court below and submitted that though it is true that the earlier cases had gone in favour of some of the petitioners or their family members and they have been acquitted of the charge under section 33 of the indian forest act, yet the same cannot be a ground for quashing the impugned criminal proceeding and the order taking cognizance. ..... 412 of 1992, in which the charge was framed under section 33 of the indian forest act, but the same was found false and they were acquitted of the charge in view of their genuine documents pertaining to lawful right of ownership and possession of the land.10. ..... learned sub-division magistrate, chatra took cognizance of the offence under section 33 of the indian forest act against the petitioners and proceeded with the case.9. .....
Tag this Judgment!Court : Jharkhand
..... rajesh shankar, learned government advocate, has submitted that section 29 of the indian forest act relates to a -2- protected forest and section 30 deals with the power to issue notification reserving trees etc. ..... submission has been advanced that section 30 (b) of the indian forest act does give power to the state government to close certain potion of protected forest area for specific performance and which shall not be for a period exceeding 30 years. ..... in order to deal with the rival contentions, it would be necessary to refer to sections 29 and 30 of the indian forest act and which forms the backbone of the contentions of learned counsel for the parties."9. ..... it has been submitted that in terms of section 30(b) of the indian forest act, the protected forest has ceased to be in existence and in such circumstances, no offence under the forest act can be fastened upon the petitioner.7. mr. ..... none of the notifications issued under section 29, section 30 (a) and section 30 (c) of indian forest act denotes a period for its existence. ..... it has been submitted that till date neither the state of bihar nor the state of jharkhand have issued any notification under section 30(b) of the indian forest act and in such circumstances, the question of regaining the character of a non protected forest as it was prior to issuance of notification is not sustainable. ..... section 30(b) is by way of an emergency provision as the rights of the private persons are suspended for a period not exceeding 30 years. .....
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