Judgment Search Results Home > Cases Phrase: preservation of trees act 1976 section 5 appointment of tree officer Page 3 of about 1,100 results (0.335 seconds)

State of Kerala and Others Vs. M.N. Sankara Narayanan and Others

Court : Supreme Court of India

Reported in : 1996VIAD(SC)551; AIR1997SC1463; JT1996(7)SC462; 1996(6)SCALE148; (1996)10SCC353; [1996]Supp4SCR363

..... out of 3000 acres for his retention and had accordingly retained the lands in question. legislature has passed another enactment, viz., the kerala preservation of trees act, 1986 (act 36 of 1986) (for short, the 'preservation act) which came into force w.e.f. june 18, 1983. in exercise of the said power notification came to be issued by ..... area in presence of the respondents and any of the persons on their behalf and determine which of the trees coming under the definition of 'trees' under section 2(e) of preservation act should be preserved and which of the trees should be permitted to be felled and carried away. if any difficulty arises in implementation of this order, ..... moisture retention in the area and cause destruction and loss of timber wealth in the state. therefore, notification was issued prohibiting felling of the trees under section 5 of the preservation act. the same to be questioned in the high court. the learned single judge in the writ petition and the division bench of the .....

Ranji Cariappa Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1993KAR3321; 1994(1)KarLJ146

..... 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 ..... superior administrative power vested in the state government. however, this power cannot cut down the generality of the power given to the tree officer under section 21 of the act when the said tree officer proceeds to compound any offence. therefore, i am of the view that the impugned order cannot be sustained when it says ..... of the subject matter. section 21(1)(a) is very clear when it says that the tree officer may compound any offence under the act. therefore, while empowering the tree officer, if the state government reduces the power of the tree officer to compound any offence with reference to the value of the subject matter that would .....

Supri Advertising and Entertainment Pvt. Ltd. Vs. Dr. Anahita Pandole ...

Court : Supreme Court of India

Reported in : 2008(5)BomCR536; 2008(12)SCALE29; (2008)10SCC246; 2008AIRSCW6168; 2008(6)Supreme371; 2008(5)LH(SC)3149

..... the writ petition, however, focuses more on the alleged violation of the provisions of the maharashtra (urban areas) preservation of trees act, 1975, and reference to the provisions of the mumbai municipal corporation act and the motor vehicles act, 1988, have been made to buttress such contention.7. the allegations made in the writ petition were denied on ..... purportedly in violation of the provisions of sections 308, 328 and 328a of the mumbai municipal corporation act, 1888, section 116 of the motor vehicles act, 1988 and the provisions of the maharashtra (urban areas) preservation of trees act 1975. the writ petition appears to have been filed on account of the writ petitioner's concern regarding ..... would definitely be in the interest of the residents as well as the mobile population of mumbai if the green cover available in mumbai is not only preserved but also increased. in this regard we are in agreement with the concern shown by the writ petitioner/respondent no. 1 herein.35. care has .....

Government of Karnataka and ors. Vs. Smt. Gowramma and ors.

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

..... '). 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 ..... 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 (in short 'the act ..... 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 respect .....

P.K. Abdul Zaleel Vs. State of Karnataka Represented by Its Secretary ...

Court : Karnataka

Reported in : ILR2006KAR1756; 2006(3)KarLJ104

..... 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 act'). subsequently, the tree officer has passed the order impugned herein for recovery of rs. 1,64,306/- against ..... release of any property seized or liable to confiscation on payment of its value as estimated by such officer. there is no compulsion under the act for an offender to get the unauthorisedly felled trees released. it is left to him to seek for release of the property. only if the offender seeks for its release, then he shall ..... no further proceedings shall he taken against such offender or property.7. on a reading of section 21 of the act, it cannot be said that it authorises the state government to confer power on a tree officer to recover the loss suffered by the government as a result of the offender failing to get the unauthorisedly felled .....

Ganapati Mankalu Gouda Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1990KAR1248; 1990(1)KarLJ342

..... to extend the arable land and therefore he wanted to cut and remove the trees in order to bring the land covered by the tree growth under plough. in that behalf he made an application to the tree officer under section 8 of the karnataka preservation of trees act, 1976. that application was made on 30-4-1986. but, no action ..... was taken by the tree officer having jurisdiction. the tree officer having jurisdiction is the second respondent-deputy conservator of forests, yellapura division, yellapura, uttar kannada ..... if he had been given permission in view of clause (ii) of sub-section (4) of section 8 of the act. his grievance began when he wanted to transport the trees so felled by him. the second respondent has refused to issue passes for transportation inter alia on the ground that they have been cut .....

Shri Mukesh Laxman Das Talreja Vs. the Inspector of Police

Court : Mumbai

..... made out against the present petitioner and, secondly, it is submitted by the learned counsel that the offence under section 21 read with section 8 of the maharashtra (urban areas) preservation of trees act, 1975 is a non-cognizable offence and, therefore, no police officer can investigate the said offence unless permission is obtained by him under section 155(2) of the criminal procedure code ..... petitioner seeks to quash the charge-sheet which has been filed by the state in respect of the offence which is punishable under the provisions of the maharashtra (urban areas) preservation of trees act, 1975. 3. the learned counsel appearing on behalf of the petitioner is seeking an order from this court under article 227 of the constitution of india and under section .....

K.M Thimmaiah So MuddappA. Vs. the Station House Officer Ponnampet Pol ...

Court : Karnataka

..... , 477-a, 379 r/w 34 of ipc, sections 62, 71(a), 144, 104(a) of the karnataka forest act, 1963 and rule 127(a) and 165 of the karnataka forest rules and sections 8, 15 and 19 of the karnataka preservation of trees act, 1976.2. though the matter is under investigation, however, it is brought to ray notice that accused no.1 .....

M/S Murudeshwara Ceramics Ltd. and anr. Vs. State of Karnataka and ors ...

Court : Supreme Court of India

Reported in : AIR2001SC3017; JT2001(8)SC595; 2001(7)SCALE228; (2002)1SCC116

..... that there has been contravention of the provisions of the karnataka land reforms act, 1961 [hereinafter referred to as 'the act'] in addition to the enactments made for protection of the environment and ecology like the karnataka forests act, karnataka preservation of trees act and forests conservation act. the land was purchased by appellant no. 2 from the descendants of ..... due clearances shall be given in accordance with law. 9. subject to setting aside the finding in relation to the contravention of the provisions of the act, the other aspects considered in the judgment of the high court have become unnecessary for consideration and the contentions in regard to the same are kept open ..... charitable institutions or society or trust or a company or co-operative society or body of individuals and associations to hold land. section 80 of the act prohibits transfer of land in favour of non-agriculturists. the high court is of the view that the second appellant acquired the land claiming to be .....

Kishor Namdeorao Gathadi Vs. Municipal Corporation and ors.

Court : Mumbai

Reported in : 2008(1)ALLMR297; 2008(1)BomCR284; 2008(2)MhLj52

..... of proposed construction of terminal building at chikalthana airport and for parking place at chikalthana airport. as per provisions of the maharashtra (urban areas) preservation of trees act, 1975 (hereinafter for the sake of brevity referred to as 'the tree act'), the corporation has constituted a committee after public proclamation in newspaper on 27.4.2007. the commissioner is chairing the committee by virtue of ..... of this petition. it is stated that the petition was filed by the petitioner simply out of love and regard with the preservation of ecology and trees.exh. r-2 shows the municipal corporation took decision regarding the appointment of tree authority under the tree act. accordingly the committee was constituted. at exh. r-3 there is a copy of public notice regarding felling of .....