Judgment Search Results Home > Cases Phrase: indian forest act 1927 section 38 protection of forests at request of owners Page 1 of about 140 results (0.116 seconds)

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

Court : Mumbai

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

..... it is true that the repealing provision - section 24(1) of the maharashtra act, 1975 merely repeals section 35 of indian forest act, 1927 and appears prima facie prospective but the question is whether there is anything in the repealing act of 1975 which can show an intention on the part of the maharashtra legislature that the further procedure contemplated by section 35(3) namely notice being issued under section 35(3) being served on the owner and the notification under section 35(1) being issued has been dispensed with.18. ..... it may be stated that the indian forest act, 1927 deals with different types of forests such as (i) reserved forests, (ii) village forests, (iii) protected forests and (iv) forests which are not the property of government. ..... no grievance can be made with regard to action taken by means of a notification under section 38 of the forest act in respect of land mentioned in sub-clause (iv), in as much as such action is taken with a view to formation or conservation of forest over such land at the request of the owners of land. ..... section 38 provides for protection of private forest at the request of the owners and states that upon a request in that behalf being made by the owners the state government can apply the provisions of the forest act to such private forest by means of a notification. .....

Janu Chandra Waghmare and ors. Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR1978Bom119; (1977)79BOMLR499

..... it may be stated that the indian forest act, 1927 deals with different types of forest, such as, (i) reserved forests, (ii) village forests, (iii) protected forests and (iv) forests which are not the property of government; chapter v deals with the fourth category of forest and contains sections 34-a, 35 and 38. ..... section 38 provides for protection of private forest at the request of the owners and states that upon a request in that behalf being made by the owners the state government can apply the provisions of the forest act to such private forest by means of a notification. ..... no grievance can be made with regard to action taken by means of a notification under section 38 of the forest act in respect of land mentioned in sub-clause (iv), inasmuch as, such action is taken with a view to formation or conservation of forest over such land at the request of the owners of land. ..... -in-trade of a trader is one such form of encroachment and since in the instant case all the forest produce, which, so to speak constitutes the stock-in-trade of the owners of private forests or their contractors, stands compulsorily acquired under section 3 of the acquisition act, the said section has the effect of directly interfering with the freedom of trade and commerce assured to such owners of private forests and their contractors under article 301, inasmuch as, the petitioners have been deprived of their right .....

State of Maharashtra and anr. Vs. Maharashtra Land Development Corpora ...

Court : Mumbai

Reported in : 2004(1)BomCR24

..... it may be stated that the indian forest act, 1927 deals with different types of forest, such as, (i) reserved forests, (ii) village forests, (iii) protected forests and (vi) forests which are not the property of government; chapter v deals with the fourth category of forest and contains sections 34-a, 35 and 38. ..... on 27th august, 1975, a 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 (1) of section 35 of the act should not be issued for regulating and/or prohibiting the non-forest activities on the land. ..... no grievance can be made with regard to action taken by means of a notification under section 38 of the forest act in respect of land mentioned in sub-clause (iv), inasmuch as, such action is taken with a view to formation or conservation of forest over such land at the request of the owners of land. ..... section 38 provides for protection of private forest at the request of the owners and states that upon a request in that behalf being made by the owners the state government can apply the provisions of the forest act to such private forest by means of a notification. .....

State of Maharashtra Vs. Mohammad Shabbir Sheikh NajmuddIn and Others

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 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. ..... 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. ..... the sessions judge also lost sight of the fact that section 42 deals with penalty for breach of rule made under section 41 of the indian forest act. ..... 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. .....

Rajesh Prasad and Ors Vs. The State of Jharkhand

Court : Jharkhand

..... air1960( pat) 213 had held that in absence of any notification under section 30 of the indian forest act declaring any trees or class of trees in a protected forest to be reserved the accused cannot be prosecuted even on the allegation ..... has submitted that section 29 defines a protected forest and any notification issued under section 29 of the indian forest act declaring a forest to be protected, the same continues ..... forest has been declared to be a protected forest in terms of section 29 of the indian forest act, it continues to be remain a protected forest ..... 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. ..... had been issued showing the area to be protected forest and in absence of any further 2 notification after 30 years in terms of section 30 of the indian forest act, the area in question does not retain the characteristics of a protected forest. ..... 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 .....

Indirabai Narayan Bivalkar, Deceased Through her L.Rs. and Others Vs. ...

Court : Mumbai

..... the agreement dated 21 october 1959 treating the petitioners' predecessors as owners by the government by entering into agreement for a period of 90 years for managing the property, including land in question as reserved forest as contemplated under sub-section (2) of section 38 of the indian forest act, 1927 is also not in dispute. ..... agreement dated 21 january 1959, 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. ..... the submission for the first time now in the writ petition of the respondents that de-notification as a protected forest and being private forest as vested in the government after coming into force of maharashtra private forest act is again contention contrary to their own case on record and specifically in view of the supreme court judgment in godrej (supra) also. ..... therefore, by the action initiated for acquisition as referred by sldt, was prior to appointed date of agricultural ceiling act and therefore, requested only for enhancement of compensation and prayed for giving option for retention of land out of the land declared surplus. ..... oral request is therefore rejected. .....

Salehbhai Mulla Mohmadali (Dead) by Lrs. Vs. State of Gujarat and ors.

Court : Supreme Court of India

Reported in : AIR1993SC335b; JT1991(4)SC265; 1991(2)SCALE931; (1991)1SCC742; [1991]Supp1SCR564

..... 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. ..... therefore, the state of gujarat can exercise those rights and issue under section 4 of the indian forest act, 1927 the impugned notification.2. ..... 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. ..... it is an admitted position that the notification under section 4 of the indian forest act was published on 12.5.55 and in case survey no. ..... 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. ..... it has thus been submitted that so far as the impugned contracts are concerned the same are not adversely affected either by the forest rules of chhota udepur state or by the notification issued under section 4 of the indian forest act. ..... under the forest rules of chhota udepur state, chhota udepur state had exercised rights over three kinds of forest reserved, protected and open. ..... it was declared that the jagirdars were the full owners of the trees and as such the contractor had also become the full owner of the trees. .....

Naresh Singh Vs. The State of Jharkhand

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 ..... 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 ..... 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. ..... 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. ..... ), registered for the offence punishable under sections 33/52(a) and 64 of the indian forest act, 1989 ( bihar amendment). ..... section 30 of the indian forest act gives the state government power to issue notification reserving trees ..... section 29 of the act suggests that once a forest land or waste land is declared as a protected forest, the character of the forest continues to remain as that of a protected forest until and unless the same is de-notified by the state .....

Nous Kujur Vs. Divisional Forest Officer, West Division and ors.

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 ..... submitted that suit land has further been notified under sections 30 and 31 of the indian forest act, 1927 to which no objection was ever raised by the ..... of the notification issued under section 29 of the indian forest act, 1927. ..... be an admission that he has admitted the possession of the government over the land and further the government has not been able to prove that pursuant to the notification under section 29 of the indian forest act, an enquiry was conducted by the forest department to take away the rights, which they have acquired in the land before notification, but no such enquiry has been made, although the same enquiry has to be made ..... and filed written statement stating inter alia, therein that the disputed land is a protected forest of the forest department and this land cannot be settled and appellant has got no possession over the ..... forest land comprised in any such notification is called a 'protect forest ..... district, ranchi is the property of the state of bihar (now the state of jharkhand) and the same has been notified as protected forest vide notification no. .....

Mukhlal Mahto and ors. Vs. the State of Jharkhand and anr.

Court : Jharkhand

Reported in : 2009(57)BLJR2477

..... 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. ..... 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. ..... in the instant case, the petitioners have been sought to be prosecuted for the charge under section 33 of the indian forest act on the same ground, which did not find favour in several cases. ..... 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. ..... the petitioners have challenged the order taking cognizance including the entire criminal proceeding on the ground that they are lawful owner of the land, in question, and they have got valid right, title and interest. .....