Court : Allahabad
Reported in : 1999(3)AWC1968
..... land in dispute has been declared reserved forest under section 20 of indian forest act and has been published in u. p. ..... dated 16.3.1954 and the proceedings of section 6 of indian forest act were also taken by the forest settlement officer. 3. ..... held that the consolidation authorities could not go behind the notifications issued by the state government in exercise of power under sections 4 and 20, but from the notifications referred to above, it was not proved that the land in dispute was ever declared as 'reserved forest', therefore, the entries of the names of contesting respondents cannot be expunged from the revenue papers and the land in dispute cannot be recorded as forest land. ..... land, therefore, could not be subject matter of the notification issued under section 4 of the forest act, the notifications if they purported to declare the said land as forest land, were ultra vires of the act and without jurisdiction. ..... the state government may constitute a reserved forest in exercise of its power under the forest act after following the procedure prescribed for the ..... present case, the petitioner has filed notification dated 11,10.1952, wherein it has been stated that in exercise of power conferred by section 117 of the u. p. z. a. ..... simply provided that no act done or order made or certificate issued in exercise of power conferred under chapter ii of the act shall be called in question in any court except as provided under the act itself. ..... power to reserve forest ..... power to reserve forest .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1999All222
..... sub-section (4) of section 2, which is the interpretation clause, of the indian forest act, 1927 defines 'forest produce' as follows:--'(4) 'forest produce' includes-- (a) the following whether found in or brought from, a forest or not, that is to say :-- timber, charcoal, caoutchouc, catchu, wood-oil, resin, natural varnish, bark, lac, mahua flowers, mahua seeds kuth and myrabolarns, and (b) the following when found in, or brought from, a forest that is to say-- (i) trees and leaves, flowers and fruits, and ..... of the petitioner, contended as follows :--there is no dispute that 'catechu' or 'kattha' is an extract from heartwood khair tree, which is a forest produce but the question is whether factory made kattha should be regarded as 'catechu' within the meaning of the word 'forest produce' as defined in section 2(4) of the indian forest act, which impresses within itself timber as well as 'catechu' both as per the ordinary dictionary (webster' and oxford) meaning catechu is a wide term ..... to the generality of the foregoing power such rules may-- (a) prescribe the routes by which alone timber or other forest produce may be imported, exported or moved into, from or within (the state);(b) prohibit the import or export or moving of such timber or other produce without a pass from an officer duly authories to issue the same, or otherwise than in accordance with the conditions of such pass;(c) provide for the issue, ..... the vehicle carrying them and arrest the driver driving the vehicle. .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(1)AWC141
..... as such, the state government, while issuing the notification under section 4 of the indian forest act travelled beyond the power and scope given under section 3 of the indian forest act and as such it was notification without authority and jurisdiction. ..... whether section 27a of indian forest act, 1927 (as amended in ..... notification under section 4 of indian forest act, 1927. ..... considering the issues which arise in the writ petition, it is necessary to look into the scheme and the nature of proceeding which are holding under the provisions of the indian forest act, 1927, the forest act. ..... constitution bench of the apex court considered the provisions of indian forest act, 1927, in mahendra lal jain v. ..... creates a bar for consideration of claims by consolidation courts regarding the land declared as reserved forest in accordance with the indian forest act, 1927? 3. ..... the consolidation courts are entitled to consider the objections regarding the claims of land which has been declared as reserved forest in accordance with the provisions of the indian forest act, 1927? 2. ..... counsel submitted that the land in question was bhumidhari of petitioners and prior to its purchase by the petitioners was part of holding of predecessor in title of the petitioners and no proceedings under the indian forest act, 1927, could have been held for declaring the said area as reserved forest. ..... under indian forest act, 1927, power is given to declare the forest land/waste land as reserved forest irrespective of its .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)AWC808
..... sharma, learned counsel for the petitioner challenging the orders raised following submissions :(1) that no notification under section 20 of the indian forest act, 1927 having yet been issued the land cannot be treated to be reserved forest. ..... brief facts of the case necessary for adjudicating the controversy raised in the writ petition are ; notification under section 4 of the indian forest act, 1927 was issued on 26.8.1967 notifying various plots including the plots in question proposed as reserved forest. ..... the said provision has no relevance while deciding a claim of a objector under section 6/9 of the indian forest act, 1927. ..... petitioner filed an objection under section 6/9 of the indian forest act in the year 1994 claiming bhumindhari right over land in dispute. ..... in the present case the petitioner had filed an objection under section 6/9 of the forest act, 1927 claiming rights of bhumidhar over land in dispute. ..... in the above judgment this court has taken the view that till a notification under section 20 of the forest act is issued, the land cannot be treated to be reserved forest. ..... the first submission of the petitioner is that no notification under section 20 of the forest act having been issued, the land is not reserved forest. ..... --notwithstanding anything contained in the transfer of property act, 1882, or the indian registration act, 1908, a lease for a term exceeding one year or from year to year may be made either by a registered instrument or in the prescribed manner. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All471
..... learned counsel for the petitioner contends that the learned district judge was labouring under a misapprehension that section 6 of the indian forest act prescribes a period of limitation within which a claim under that section can be filed, and that this period cannot be extended unless an application containing a specific prayer for condoning the delay is moved and granted. ..... it appears that during the course of hearing of the revision application, there was substantial controversy between the parties on the question whether proclamation as required by section 6 of the indian forest act had been published in the village. ..... a notification under section 4 of the indian forest act, for constituting certain land lying in village dhaman, tehsil kalpi as reserved forest was issued in september 1954. ..... however, he dismissed the revision without going into the merits of petitioner's claim as in his opinion the claim was barred by time and no prayer for condoning the delay in lodging it with the forest settlement officer had been made.4. ..... although it would be much better if in such cases, the forest settlement officer makes some sort of record to indicate that he was so satisfied, but if no such record is made it would not necessarily mean that the claim has been entertained without the forest settlement officer being satisfied that there was sufficient cause for not preferring it within the time fixed in the proclamation issued under section 6 of the act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All280; 2005(4)AWC3862H; 2005(4)ESC2423
..... the aforesaid proviso shall not apply to saw mills situated within ten kilometers of any existing forest.explanation :-- in this rule existing forest shall not include trees situated on either side of the roads and the railway tracks.failure to get the licence renewed before the expiry of date will make the licensee liable to punishment in accordance with section 77 of the indian forest act, 1927 for operating the saw mills without licence.'12. ..... a notification dated 3rd june, 2002 the government constituted the central empowered committee and the powers and functions were defined as follows :--'the power and functions of the committee as per the order of the hon'ble supreme court ..... amended to mean and include any mechanical device whether operating with electric power, fuel power or man-power for the purpose of cutting, sawing or converting, timber and wood into pieces or the like acts, but would not include such mechanical device whose engine power is upto 3 h. p.11. ..... mean and include any mechanical device whether operating with electric power, fuel power or man-power for the purpose of cutting, sawing or converting, timber and wood into pieces or the like acts. ..... (5) the committee shall have the power to:--(a) call for any documents from any persons of the government of the union ..... quoted below:--'our attention has been drawn to the rules which have been amended by the state of uttar pradesh on 6th june, 1998 permitting saw mills having engine power of 3 hp not to have a licence. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All555
..... in other words, the money due was in respect of past transactions and could have been realised only under the provisions of section 82 of the indian forest act, 1927, read with the revenue recovery act, 1890, as amended by the revenue recovery (uttar pradesh amendment) act, 1965. ..... section 83 of the indian forest act, 1927, could apply to the impugned sale only in case it could be established that the recovery was being made for, or in respect of, the very forest produce, which had been sold on 10th december, 1968. ..... sections 82 and 83 of the indian forest act 1927, read as follows :--'82. ..... ' section 82 relates to the recovery of all money payable to the government under the indian forest act, or under any rule made under that act, while section 83 provides that when any such money is payable for, or in respect of, any particular forest produce, the amount thereof shall be deemed to be a first charge on that produce, and it can be taken possession of by a forest officer and sold by him by public auction.6. ..... the learned chief standing counsel has contended that the view taken by the learned single judge that the sale could not have been made directly by the district forest officer was not correct because under the provisions of section 83 of the indian forest act he was duly empowered to make such sales.5. ..... the forest officer could not have sold the stock of wood under the provisions of section 83 of the indian forest act.7. .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(1)AWC562
..... 37860 of 2001, has made following submissions :(1) the notification under section 4 of the indian forest act, 1927, was issued without there being any final decision of the state government for constituting the reservedforest. ..... deputy director of consolidation (supra) laid down that forest settlement officer having the power of the civil courts and his orders being subject to appeal and revision are final and, once notification under section 20 of the forest act has been issued declaring the land as reserved forest it is not open to raise objection before the consolidation authorities qua the said notification. ..... section 27a has been added giving finality to the orders passed in proceedings under the indian forest act and section creates express bar by saying that the order made or certificate issued in exercise of -powers conferred in chapter ii shall not be called in question in any court. ..... as we have already pointed out sections 4 and 11 gives power for determination of all rights subordinate to those of a proprietor, and as the rights of the bhumidhar is that of a tenure holder, subordinate to the state, which is the proprietor of the land in dispute, it will be open to the forest settlement officer to consider the claim made to the land in dispute by the petitioner, if he claims to be a bhumidhar. .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC273
..... --after chapter viii of the indian forest act, 1927, as amended in its application to uttar pradesh, the following chapter shall be inserted, namely : chapter viiia regulation of manufacture and preparation of ..... argument, a look must be had of the provisions contained in the indian forest act. ..... mills and units including factories engaged in the manufacture or preparation of: (i) katha out of khairtree ; (ii) resin, turpentine and other products out ofresin ; (iii) plywood and match out of timber ; (iv) such otherpreparations basedon forest produce asthe state governmentmay, by notificationin the official gazette,from time to time,specify ; (b) to provide for the regulation by licences, permits or otherwise, of the supply of raw materials relating to the preparations mentioned in clause ..... of the petitioners going back on their own promise and said that on the facts of the present case, this court should not exercise powers under article 226 of the constitution of india and uphold citations issued and direct petitioners to make the payments towards the loss incurred by the ..... while the state government has empowered itself with very many authorities yet the provisions of section 82 of the indian forest act remain untouched.6. ..... the argument proceeds that taking recourse to section 82 is the only way through which a citation can issue and since applicability of the provisions of the section 82 will not be permissible on the facts of the instant ..... by adding section 51a which ..... section 82 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1973All37
..... reserved forests are constituted under chapter 2 of the indian forest act in order to constitute a reserved forest, the state government has to issue notification under section 4 of the indian forest act thereafter, a forest settlement officer is appointed for hearing objections which can . ..... the question that arises in the present petition is as to whether the procedure adopted by the stategovernment for conferring rights in respect of the forest produce a forest, which is governed by the provisions of chapter 2 of the indian forest act, is in accordance with the law. ..... section 25 empowers the forest officers, after obtaining the sanction of the state government to stop any public or private way or water course in a reserved forest section 26 of the act makes certain acts punishable in respect of a reserved forest the state government as such exercises certain statutory powers in respect of reserved forests and rights therein can be acquired oniy in accordance with the provisions of section 23 of the act. ..... counsel for the petitioner has urged that the state government in confining the auction only to pencil manufacturers and manufacturers of pencil slat has without any reasonable basis, discriminated against the other bidders, and the act of the state government in adopting this procedure for the sale of borang trees imposes an unreasonable restriction on the petitioner's right of carrying on business of forest contract. .....
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