Judgment Search Results Home > Cases Phrase: indian forest act 1927 section 35 protection of forests for special purposes Page 1 of about 278 results (0.147 seconds)

m.c.mehta Vs. Union of India

Court : Supreme Court of India

..... it was submitted that his land was private land and it could not be treated as forest land without a formal notification under section 35 of the indian forest act, 1927.69. ..... we may also mention, en passant, the provisions of section 35(1) of the indian forest act, 1927. ..... the reduction in the forest area was due to the expiry of notifications issued under the plp act and section 38 of the indian forest act, 1927. ..... this description covers all statutorily recognised forests, whether designated as reserved, protected or otherwise for the purpose of section 2(i) of the forest conservation act. ..... protection of forests for special purposes. ..... page 49 of 81 review applications are filed mechanically as a matter of routine and the grounds for review are a mere reproduction of the grounds of special leave and there is no indication as to which ground strictly falls within the narrow limits of rule xl of the rules. ..... power to exempt if the government is of the opinion that the operation of any of the provisions of this act causes undue hardship or circumstances exist which render it expedient so to do, it may, subject to such terms and conditions as it may impose, by a general or special order, exempt any class of persons or areas from all or any of the provisions of this act. .....

Oberoi Constructions Private Limited a Company Registered Under the Co ...

Court : Mumbai

Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951

..... careful look at the provision of section 2(f)(iii) reveals that it mentions the provisions of section 35(3) of the indian forest act, 1927 for the purpose of identification of a land for the purpose of treating it to be private forest. ..... section 35 deals with protection of forest for special purposes by issuance of a notification for the stated purpose ..... section 35 provides for protection of forest for special purposes ..... section 35 deals with protection of forest for special purposes and in the same, subsection 3 is ..... protection of forest for special purposes: (1) the (state) government may, by notification in the official gazette:(i) regulate or prohibit in any forest -(a) the breaking up or clearing of the land for cultivation;(b) the pasturing of cattle;(c) the firing or clearing of the vegetation;(d) the girdling, tapping or burning of any tree or the stripping off the bark or leaves from any trees;(e) the lapping and pollarding of trees;(f) ..... protection of forests and special purposes (1) the state government may, by notification in the official gazette:(i) regulate or prohibit in any forest -(a) the breaking up or clearing of the land for cultivation;(b) the pasturing of cattle;(c) thefiring or clearing of the vegetation(d) the girdling, tapping or burning of any tree or the stripping off the bark or leaves from any tree;(e) the lopping and pollarding of trees; '(f) the ..... when forests have to be protected for special purposes, then, various activities therein have to be regulated or .....

Ankush Keshav Bowledkar Vs. State of Maharashtra and Others

Court : Mumbai

Reported in : 1999(1)BomCR165

..... 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. ..... and removal of trees and timber; or (g) the quarrying of stone or the burning of lime or charcoal or the collection or removal of any forest-produce or its subjection to any manufacturing process; (ii) regulate in any forest the regeneration of forests and their protection from fire; when such regulation or prohibition appears necessary for any of the following purposes :- (a) for the conservation of trees and forests; (b) for the preservation and improvement of soil or the reclamation of saline or water logged land, the prevention of landslips or of the formation of ravines ..... and torrents, or the protection of land against erosion, or the deposit thereon of sand, stones or gravel; (c) for the improvement of grazing; (d) for the maintenance of a water supply in springs .....

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

Court : Supreme Court of India

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

..... other hand, the notification issued by the state government on 19.10.1959, under section 30 of the indian forest act, 1927, not only declared the species of trees enumerated therein as reserved in the protected forest of chatra forest division for purposes of section 29(2) but also prohibited the doing or commission of certain kind of activities including the collection or subjection to any manufacturing process and removal of any forest produce. ..... the assent of the president to the 1984 trade act may help for its survival notwithstanding the central enactment / indian forest act, 1927 in relation to matters provided for under the trade act by virtue of section 32 contained therein, but in view of the subsequent state enactment the bihar amendment act 9 of 1900, which had also obtained the assent of the president, the special procedure introduced under the bihar amendment act 1990 empowering the designated authorities with mere comprehensive and stringent ..... powers to order for the confiscation of the property to the exclusion of the .....

Thakoreshri Maharasinghji Dolatsinghji and ors. Vs. State of Gujarat a ...

Court : Supreme Court of India

Reported in : AIR1980SC59; (1979)4SCC291; [1980]1SCR290; 1979(11)LC769(SC)

..... under section 9 'the rights to trees specially reserved under the indian forest act, 1927, or any other law for the time being in force... ..... mavirikurve's case was distinguished on the ground that in that case 'the state of bombay which had at the relevant time jurisdiction issued a notification under section 34-a of the indian forest act, declaring all uncultivated lands in the villages of the jagir to be forests for the purposes of chapter v of that act. ..... in the present case neither the rights to trees were specially reserved under the indian forest act nor was it a case where the state government by any notification in the official gazette had declared any trees or class of trees in a protected forest to be reserved from a date fixed by notificaion. ..... in mavinkurve's case from the facts stated in the beginning of the judgment of this court it would appear that the dispute related to cutting of teak and pancharao trees standing in the forest lands, that is to say, special kind of trees in respect of which a notification under section 34a of the indian forest act had been issued. ..... neither it was a reserved forest nor a protected forest within the meaning of the indian forest act, 1927. mr. m.n. ..... in the case of mavinkurve (supra) it appears the state government had issued a notification under section 34a (state amendment) of the indian forest act declaring all uncultivated lands in the 39 villages in question in that case to be forests for the purposes of chapter v of the forest act. .....

Mspl Limited, Rep by Its Executive Director. Vs. the State of Karnatak ...

Court : Karnataka

Reported in : 2009(1)KCCR5(SN)

..... there can be never diversion of forest land to any type of non-forest user including a mining activity, if the forest land is one comprising of rare and endangered species of flora and fauna and is located in exclusive bio-diversity areas before the state government for de-reserving a reserved forest and before the central government for diversion of forest land to non-forest user by grant of special protection under section forest [conservation] act, 1980, the examination of such question should always be necessarily from the angle of object and purpose of the forest acts i.e ..... . forest [conservation] act, 1980 is a supplementary legislation to indian forest act, 1927 or the respective state forest acts in areas where the indian forest act, 1927 was not applicable and the avowed object of the two enactments operates together is to preserve and conserve forest, many subsequent protective legislations such as the air (prevention and control of pollution) act, 1981, the environment (protection) act, 1986 and even a few similar earlier protective legislations such as wild life (protection) act, 1972 and water (prevention and control of pollution) act, 1974, are all legislations which for .....

Godrej and Boyce Mfg.Co.Ltd. and anr. Vs. State of Maharashtra and ors ...

Court : Supreme Court of India

..... dealing with protection of forests for special purposes, including regulatory and prohibitory measures; (iii) the words waste lands or land occurring in sub-sections (2) and (3) of section 35 of the forest act[5]. ..... connected therewith is the question whether the word issued in section 2(f) (iii) of the maharashtra private forests acquisition act, 1975 read with section 35 of the indian forest act, 1927 must be given a literal interpretation or a broad meaning. ..... no.wt/53 in pursuance of sub-section (3) of section 35 of the indian forest act, 1927 (xvi of 1927), read with rule 2 of the rules published in government notification, agriculture and forests department, no.5133/48513-j, dated the 19th day of september, 1950, i, j.v. ..... this court proceeded on the basis of section 35 of the indian forest act, 1927 as it existed without being aware of the amendments made by the state of maharashtra and the erstwhile state of bombay. ..... this is significant since the indian forest act, 1927 did not apply to waste land (due to the indian forest (bombay amendment) act, 1948) with effect from 4th december 1948. ..... the principal question for consideration is whether the mere issuance of a notice under the provisions of section 35(3) of the indian forest act, 1927 is sufficient for any land being declared a private forest within the meaning of that expression as defined in section 2(f)(iii) of the maharashtra private forests (acquisition) act, 1975. .....

Dera Grama Panchayat Vs. State of Orissa and ors.

Court : Orissa

Reported in : 1999(II)OLR463

..... section (3) but subject to the provisions thereof properties of the nature herein specified shall vest in the grama sasan and be under its management, direction and control, that is to say -(a) village roads,(b) irrigation sources,(c) ferries,(d) waste lands and communal lands,(e) protected forests within the meaning of the indian forests act, 1927 (16 of 1927) and unreserved forests within the meaning of the madras forest act, 1882 (madras act 5 of 1882) in respect of the management, protection and maintenance thereof for timber, fuel, fodder and other purposes ..... in the general public interest so to do or whenever in their opinion the grama panchayat has failed to make proper use of such property, they may by general or special order direct the withdrawal of such property from the grama sasan and thereupon such property shall vest in and be under the direction, management and control of the state government: ..... ac 229 : 54 ljmc 81, where the learned and noble lord chancellor observed as follows :'no doubt, in the absence of special provisions as to how the person who is to decide is to proceed, law will imply no more than that the substantial ..... the grama belonging to, maintained, managed or controlled by the state government shall, on the issue of general or special orders made from time to time by the state government in that behalf and subject to the provisions of this act and the rules made thereunder, and to such terms and conditions as may be specified in such order vest in .....

Debabhumi Gram Panchayat and ors. Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR1989Ori262; 68(1989)CLT606

..... of sub-section (3) but subject to the provisions thereof properties of the nature herein specified shall vest in the grama sasan and be under its management, direction and control, that is to say - (a) village roads,(b) irrigation sources, (c) ferries, (d) waste lands and communal lands,(e) protected forests within the meaning of the indian forest act, 1927 (16 of 1927) and unreserved forests within the meaning of the madras forest act, 1882 (madras act 5 of 1882) in respect of the management, protection and maintenance thereof for timber, fuel, fodder and other purposes. ..... and control of the grama sasan the state government consider it expedient in the general public interest so to do or whatever in their opinion the grama panchayat has failed to make proper use of such property, they may by general or special order direct the withdrawal of such property from the grama sasan and thereupon such property shall vest in and be under the direction, management and control of the state government. ..... (3) properties within the grama belonging to, maintained, managed or controlled by the state government shall on the issue of general or special orders made from time to time by the state government in that behalf and subject to the provisions of this act and the rules made thereunder and to such terms and conditions as may be specified in such order, vest in the grama sasan and be under its management, direction and control. .....

Kuppathode Madhavan Nair and ors. Vs. the State of Kerala and ors.

Court : Kerala

Reported in : AIR1964Ker287

..... it may also bo stated that there was another statute, namely the madras forest act, 1882 (act v cf 1882), which was enacted for the purpose of protection and management of forests in the presidency of madras. ..... there was also another central act, namely the indian forest act, 1927 (central act 16 of 1927). ..... grant of permits for shooting or capturing of wild elephants : the government may, subject to such rules as may be made by them in this behalf, from time to time, grant general or special permits in writing to any person for the shooting or capturing of wild elephants and such person shall be exempted from the operation of section 49 so long as he acts in accordance with the rules.'27. ..... under section 3-a power is given to the collector, subject to any rules that may be made by the government from time to time, to grant to any person by name a special licence to shoot or destroy wild female elephants upon waste or forest land, whether such land be the property of the government or otherwise. ..... grant of permit for the shooting or capturing of wild elephants : the government may, subject to such rules as may be made by them in this behalf, from time to time, grant general or special permits in writing to any person for the shooting or capturing of wild elephants and such person shall be exempted from the operation of section 48 so long as he acts in accordance with the rules given in the permit.51. .....