Court : Mumbai
Reported in : 2000(5)BomCR439; 1999CriLJ4019
..... - 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, ..... 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 ..... 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. ..... 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 range forest officer of jamkandri lodged the complaint in the police station, mohadi against these two accused persons and after completion of the investigation, respondents 1 and 3 came to be charge sheeted in the court of judicial magistrate, first class, mohadi on ..... learned counsel further contended that the accused in collusion with some forest officer illegally affixed hammer mark on these 29 bija billets.7. ..... the range forest officer registered the offence against respondent .....
Tag this Judgment!Court : Jharkhand
..... 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 quashment of the entire proceedings.7. ..... 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 used in committing such offence. ..... it has 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 seize any property. ..... in the counter affidavit, seizure list has been annexed from which it appears that products were seized by the range forest 3 officer, bolwa forest range and therefore the contention of learned counsel for the petitioners with respect to section 52(d) of the indian forest act gets negated. .....
Tag this Judgment!Court : Mumbai
..... 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. ..... land (including any share in the revenues of a village or any portion thereof or land) or total or partial exemption from the payment of land revenue entered as personal inam in the alienation register kept under section 53 of the code; (ii) a grant of money or land revenue including anything payable as a cash allowance on the part of the state government in respect of any right, privilege, perquisite or office and entered as class i, ii, iii, iv or v in the records kept under the rules made under the pensions ..... c) ...to declare that the respondents above-named are bound and liable to pay to the petitioner due and proper compensation for the land in question, namely, land bearing survey no.51/0 of village ulwe, taluka panvel district raigad admeasuring about 157 acres 25 gunthas, ..... the stand and submission of cidco that the suit land was transferred to the government is also of no assistance as cidco had no independent right, but only through the state ..... inconsistent statement /averments/ submissions as noted already no way assist the state and/or the cidco to deny the title/ownership/and the due compensation. .....
Tag this Judgment!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. ..... is another insurmountable difficulty for the plaintiff's in as much as the trees had not been cut and removed prior to 12.5.55 when admittedly a notification has been issued under section 4 of the indian forest act also. ..... notwithstanding that the same respectively may have been in any manner affirmed, recognised or derived by, in or from any enactment hereby repealed; nor shall the repeal by this order of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force immediately before the date on which this order comes into force. ..... the government also sold other trees to other persons and realised from them some amounts. .....
Tag this Judgment!Court : Jharkhand
..... 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. ..... (3) no such notification shall be made unless the nature and extent of the rights of government and of private persons in or over the forest-land or waste-land comprised therein have been inquired into and recorded at a survey or settlement, or in such other manner as the state government thinks sufficient. ..... it has also been submitted that the alleged confessional statement of co-accused persons naming the petitioner does not bear the signature of forest officials who had taken such confessional -2- statement and on the ground, which has been enumerated above, the petitioner prays for grant of anticipatory bail. mr. ..... in the notification shall be closed for such term, not exceeding thirty years, as the state government thinks fit, and that the rights of private persons, if any, over such portion shall be suspended during such terms, provided that the remainder of such forest be sufficient, and in a locality reasonably convenient, for the due exercise of the right suspended in the portion so closed; or (c) prohibit, from a date fixed as aforesaid, the quarrying of stone, or the burning of lime or charcoal .....
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 on record. ..... it has been further 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 plaintiff. ..... the appellant gave notice on 19,6.1993 under section 80, cpc to the forest officer and the deputy commissioner, ranchi. ..... it was also pointed out that vide notification made in the year 1954-55, settlement of the land by the bdo, in 1962-63 becomes without jurisdiction and the settlement of the aforesaid land of three acres by bdo without obtaining permission of the government is honest for which state government is not bound by the same and even in banda parcha i.e. .....
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. ..... the complaint was made by the forest guard before the range officer, alleging that the petitioners were cutting soil over a portion of khata no. ..... they have been in physical possession over the land for decades and their names have been mutated in the office of state and they have been making payment of rent of the land to the state and getting receipt thereof. .....
Tag this Judgment!Court : Delhi
..... governor 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. ..... 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. ..... this connecting road has been used as primary ingress and egress for the passage of persons, cattle and animals, bicycles, cars, scooters, motorcycles, emergency vehicles, ambulances and police vehicles plying to inter alia indira enclave. ..... been placed on record but it is apparent that one of the alternative routes has been blocked only on the 29th of may 2017, during the pendency of the two cases, obviously with the mala fide intent of assisting these private parties in maintaining the encroachment and in support of their untenable claims.127. ..... in fact the state government was bound to ensure total cessation of all such activities.76. .....
Tag this Judgment!Court : Delhi
..... governor 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. ..... 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. ..... this connecting road has been used as primary ingress and egress for the passage of persons, cattle and animals, bicycles, cars, scooters, motorcycles, emergency vehicles, ambulances and police vehicles plying to inter alia indira enclave. ..... been placed on record but it is apparent that one of the alternative routes has been blocked only on the 29th of may 2017, during the pendency of the two cases, obviously with the mala fide intent of assisting these private parties in maintaining the encroachment and in support of their untenable claims.127. ..... in fact the state government was bound to ensure total cessation of all such activities.76. .....
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 ..... (3) no such notification shall be made unless the nature and extent of the rights of government and of private persons in or over the forest-land or waste-land comprised therein have been inquired into and recorded at a survey or settlement, or in such other manner as the state government ..... lime or charcoal, or the collection or subjection to any manufacturing process, or removal of, any forest-produce in any such forest, and the breaking up or clearing for ..... in the notification shall be closed for such term, not exceeding thirty years, as the state government thinks fit, and that the rights of private persons, if any, over such portion shall be suspended during such terms, provided that the remainder of such forest be sufficient, and in a locality reasonably convenient, for the due exercise of the right suspended in the portion so closed; or (c) prohibit, from a date fixed as aforesaid, the quarrying of stone, or the burning of .....
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