Court : Karnataka
Reported in : AIR1998Kant235; ILR1997KAR2198; 1998(1)KarLJ32
..... of cherala srimangala village of somwarpet taluk, of kodagu district. according to the petitioner's case, the petitioner made an application under section 8 of the karnataka preservation of trees act, 1976. the petitioner has annexed that application alleged to have been made on 9-12-1992, along with the required documents. petitioner's further case ..... deeming clause can be applicable only in cases where an application as required under section 8(ii) of the act read with rule 4 of the karnataka preservation of trees rules is made, as prescribed, in form-f. learned advocate general contended that the application did not conform with the requirements of rule 4 and ..... the present respondent (the petitioner in the writ petition). it will be profitable to refer and to quote section 8 of the karnataka preservation of trees act, 1976.--'8. restriction on felling of trees.--(1) with effect on and from the appointed day, notwithstanding any custom, usage, contract or law for the time being in force .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR6018; 2006(1)KarLJ548
..... convert the area into a residential area. according to him, both respondents 1 and 2 have failed to understand the provisions of section 8 of the karnataka preservation of trees act, 1976 and therefore permission has not been granted in favour of the petitioner. he further submits that the appellate authority has not considered the other ..... considered the alternate submission of the petitioner?6. the property in dispute is situate in a rural area and more fully specified in schedule ii of the karnataka preservation of trees act, 1976. schedule i and ii of the act reads as under:'schedule i(see section 2(i)areas comprising lands under tea, rubber or ..... for a different purpose, namely it is for the purpose of formation of a lay-out. the karnataka preservation of trees act, 1976 has been enacted to provide for the preservation of trees in the state for regulating the felling of trees and for planning to restore the ecological balance and other matters connected therein. in b.m. ranji .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1992Kant256; ILR1991KAR1301; 1991(2)KarLJ518
..... of the same. strike down the rules of grant of permit and licence to forest based industries as ultra vires in view of the karnataka preservation of trees act, 1976. to identify, preserve, protect conserve the rich flora and fauna and other medicinal plants in all forests. to restrain the plantation of eucalyptus in western ghat regions ..... the forest act, 1963 (apparently karanatakaforest act, 1963) to keep a check on the action of the respondents in order to achieve the intent of the karnataka preservation of trees act, 1976. he has further averred that the rules made under the forest act, 1963 has resulted in defeating the very intent of the legislature to ..... bring the forest act, 1963 and the karnataka preservation of trees act, 1976 into force as a result of which the action of the respondent-state of karnataka, has caused loss to the forest wealth, resulting n environmental imbalance, affecting the subjects of the state and .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR2549; 1995(6)KarLJ120
..... deemed to have been granted permission to cut and transport the trees belonging to them by virtue of the deeming provision contained in section 8(4)(ii) of the karnataka preservation of trees act, 1976 ('the act' for short) and the rules made thereunder, inasmuch as the tree officer failed to inform them of his decision within one year ..... from the date of receipt of the application by him. they sought a declaration that the sanction to fell the trees is deemed to have been ..... take advantage of the deeming provision. we are of the view that such a provision should not be permutes to be on the statute such as the preservation of trees act and that the legislature should consider deleting the same, making alternative provision, safeguarding the interest of the applicants under section 7.20. for all the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR1228; 1988(3)KarLJ211
..... 'land grant rules'). they have also sought for a declaration that permission as required under sub-section (4) of section 8 of the karnataka preservation of trees act, 1976 (hereinafter referred to as the 'trees act') must be deemed to have been granted to them. they have sought for a further direction to respondents 1 and 2 to restrain ..... period. in case, the petitioners pay the value of the trees as assessed by the authorities of the forest department (respondents 1 and 2) they will be entitled to seek permission to cut and remove the trees under the karnataka preservation of trees act, 1976 and cut and remove the trees as per the permission granted under the said act. ..... 11 of the land grant rules even as substituted by the notification no. rd 45 lgp 83 dated 30th december, 1986 published in the karnataka gazette extraordinary dated 6th january, 1987, the trees were required to be removed by the authorities of the forest department within one year from the date of grant of the land; that .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2000Kant384; ILR2000KAR5046; 2000(6)KarLJ84
..... the orders made by the forest officer for releasing the seized timber only on payment of the value of the trees is erroneous and unsustainable in law and contrary to the provisions of karnataka preservation of trees act and the rules framed thereunder. secondly, it is stated that in view of the jamabandhi extracts that the ..... what was authorised. in view of this illegal felling, the forest authorities have booked forest cases against these petitioners under the provisions of karnataka preservation of trees act and the rules framed thereunder. as the petitioners had approached the forest authorities to compound the offence in lieu of prosecution proceedings, ..... possession are redeemed lands and he has got absolute right over the lands as well as trees standing therein, and further since he has cultivated coffee in the said lands, it is exempted from the purview of the karnataka preservation of trees act and the rules framed thereunder. the forest officer after obtaining the report of the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2001Kant404; 2001(5)KarLJ510
..... 1996 after lapse of period of one year i.e., by 26-3-1997 in accordance with the provisions of clause (4) of section 8 of the karnataka preservation of trees act, there is a deemed permission in accordance with the application made by the petitioner and since there is a deemed permission to fell 1,200 ..... petitioner by an application dated 26-3-1998, filed under section 8(2) of the karnataka preservation of trees act, 1976 (hereinafter referred to as 'the act'), sought for permission from the tree officer to cut and remove 1,200 trees from out of 1.500 trees that were standing on the lands in question. the petitioner had applied for such permission ..... to take advantage of the deeming provision. we are of the view that such a provision should not be permitted to be on the statute such as the preservation of trees act and that the legislature should consider deleting the same, making alternative provision, safeguarding the interest of the applicants under section 7'.10. this aspect also assumes .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR3321; 1994(1)KarLJ146
..... , 1976. the said order reads as follows :'in exercise of the powers conferred by sub-section (1) of section 21 of the karnataka preservation of trees act, 1976 (karnataka act 76 of 1976), the government of karnataka hereby empowers the tree officer with the powers specified in clause (a) and (b) of sub-section (1) of the said section, to the extent specified below, ..... act reads as follows: 'power to compound offences-(1) the state government may, by order, empower a tree officer:- (a) to compound on payment of a sum not exceeding five thousand rupees any offence under this act; (b) to release any property seized or liable to confiscation ..... both fuel wood and timber the value of which does not exceed rs. 15,000/-' 2. according to the petitioner, the restriction as to the power of the tree officer to compound the offence depending upon the value of the timber is ultra virus the provisions of section 21 of the said act.3. section 21 of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(1)AWC883(SC); 2008(2)KarLJ177; 2007(14)SCALE613; 2008AIRSCW182; 2008(1)LH(SC)483; 2008(2)KLJ177; 2008(3)AIRKarR163
..... in short 'the act'). permission is required for felling of all trees irrespective of whether they are situated in private or in government land. the permission undisputedly is subject to the ..... in respect of reserved trees, the ownership was not with the government but was with the owner of the land. accordingly, as noted above, the appeal was allowed.6. in support of the appeal, learned counsel for the appellant-state submitted that the grant of permission was governed by the karnataka preservation of trees act, 1976 ( ..... for the respondents, on the other hand, submitted that merely because the trees which were permitted to be cut were reserved trees, that did not mean that government was the owner of the trees. reference is made to certain provisions of the karnataka forest act, 1963 to contend that the ownership of the government in .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2006KAR1756; 2006(3)KarLJ104
..... act'). subsequently, the tree officer has passed the order impugned herein for recovery of rs. 1,64,306 ..... of the said unauthorisedly cut trees in his land. since permission was refused, he approached this court and this court in the aforesaid writ petition had ordered for release of the felled trees as per law. but he did not get the trees released by paying its value as per section 21 of the karnataka preservation of trees act, 1976 ('the ..... far as the relief sought for relating to refund of rs. 20,150/- being the value of the national savings certificates stated to have been deposited with the tree officer (respondent no. 2) in connection with some other proceeding. sri abdulla submits that the petitioner may be given liberty to make a representation to the said .....
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