Judgment Search Results Home > Cases Phrase: preservation of trees act 1976 section 5 appointment of tree officer Page 5 of about 1,100 results (0.442 seconds)

K. Ekambaram Reddy S/O K. Doraswamy Reddy Vs. Deputy Conservator of Fo ...

Court : Karnataka

Reported in : ILR2007KAR3197; 2007(5)KarLJ112; 2007(4)AIRKarR81

..... persons for the offences punishable under sections 85 and 86 of the karnataka forest act, 1963 (for short 'forest act') and karnataka forest rules, 1969 (for short 'forest rules') and section 8 r/w section 22 of the karnataka preservation of trees act, 1976 (for short 'trees act') and under section 2(16) and section 9 r/w section 51 of ..... the wild life (protection) act, 1972 (for short 'wild life act') and section 2 r/w section 3 of the forest (conservation) act, 1980. it is further contended that the aforesaid case ..... 84 deals with the presumptions in case of sandalwood and section 85 deals with the responsibility of occupants and holders of land for the preservation of sandal trees. section 86 of the act lays down the procedure for levy of penalty for offence in regard to sandalwood. it is as under:86. penalty for offence in regard .....

Narayan Etc. Vs. Deputy Commissioner, Uttara Kannada and anr.

Court : Karnataka

..... lands where there is certain tree growth and who have applied to the second respondent. tree officer for permission to cut and remove those trees under section 8 of the karnataka preservation of trees act, 1976 (hereinafter referred to as the 'act' for short). the applications filed by the petitioners to the tree officer are produced as ..... act and particularly for coming in the way of the tree officer passing orders on the applications filed before him.3. on a perusal of the circulars, it is found that the circulars have been issued by the first respondent-deputy commissioner in his capacity as the deputy commissioner of the district and for the purpose of taking suitable steps to preserve ..... and protect the tree growth on government lands and for proper realization of the value of trees which were standing on granted lands. it is in this context, these circulars have been issued .....

P.R. Krishnamurthy and ors. Vs. the Deputy Commissioner and ors.

Court : Karnataka

Reported in : ILR2002KAR4352; 2003(3)KarLJ288

..... demanded the payment and the same has been made over by the petitioner. in these circumstances, and in the absence of any power available under the karnataka preservation of trees act, the third respondent could not have issued annexure-a, dated 25-10-1999, contrary to annexure-c, dated 11-12-1998. annexure-a is therefore ..... not remove the timber and that the malki value paid by the petitioner is not sufficient. this order to my mind is unsustainable in law. karnataka preservation of trees act do not in any way provide for any power in the matter of payment of malki value. that power is vested only with the revenue authorities. ..... submitted by the petitioner. deputy commissioner accepted the payment. 3. petitioner made an application to the third respondent seeking for felling permission in terms of karnataka preservation of trees act. the third respondent referred the matter to the first respondent for revenue opinion. the first respondent gave an opinion on 17-4-1998 stating that the .....

Basavaraj Rayappa Kengeri and Others Vs. Three Officer/Deputy Conserva ...

Court : Karnataka

Reported in : AIR2000Kant180; ILR2000KAR1348; 2000(2)KarLJ565

..... land in sy. no. 26 for better cultivation, made an application on 25-10-1989 for permission to fell the trees standing in sy. no. 26 under the provisions of the karnataka preservation of trees act, 1976 (for short 'act'). the case of the petitioners is that since no order has been passed on the said application they are entitled to ..... remove the standing trees in view of the deemed permission as provided under section 8(4) of the act.3. the respondents have filed statement of objections ..... they are entitled for the benefit of deemed permission under section 8(4) of the act. section 8(4) of the act reads as follows.-'if the tree officer fails to inform the applicant of its decision within 60 days in respect of a tree in an urban area and in a rural area of any kind specified in schedule ii .....

State (Represented by Range Forest Officer) Vs. Shri Rajesh Gaonkar

Court : Mumbai

Reported in : 2000(5)BomCR581

..... this report, that it is stated that the offence, in question, is committed in private property without transit pass transportation of forest produce punishable under section 66 of preservation of tree act, 1986 and goa, daman and diu forest rules, 1964. he also relied upon reply dated 16-1-1998 filed by the state to the application for release ..... that the material seized is not forest produce belonging to the government and that no material has been placed to rebut the presumption under section 69 of the said act. accordingly, the magistrate came to the conclusion that the court had no jurisdiction to deal with the application for release of the vehicle. thisorder of the judicial ..... of the vehicle filed by the respondent, wherein it is stated that the vehicle is liable for confiscation as per section 55 of the forest act, 1927. he, therefore, .....

B.L. Diwakar Vs. State of Karnataka and Another

Court : Karnataka

Reported in : 2001CriLJ305; ILR1999KAR4693; 2000(2)KarLJ283

..... for taking cognizance under sections 24(g) and (h) and 73(d) of the karnataka forest act, 1963, section 8 read with section 22 of the karnataka preservation of trees act, 1976 and section 2 read with section 3-a of the forest (conservation) act, 1980.4-a. the learned state public prosecutor took time to produce the report of the joint ..... allegations are made, it is the duty of the magistrate to apply his mind before taking cognizance. in my opinion, the order sheet shows that the magistrate has acted mechanically. such kind of approach to the case may unnecessarily jeopardise the cause of justice. one should not be swayed away by the personalities involved in the case. the ..... liable to pay such compensation for the damage done to the forests as the convicting court may direct to be paid. under section 73(d) of the karnataka forest act, 1963 the prescribed punishment is imprisonment which may extend to two years or with fine or with both. likewise, for the offence under section 8, the penalty .....

State of Karnataka Vs. Cantreads Private Limited

Court : Karnataka

Reported in : ILR1991KAR1371; 1991(1)KarLJ500

..... must have regard to the meaning as would be harmonious to the forest act. the forest act is a taw relating to forest and forest produce for the purpose of protection and preservation of forest and forest produce. where the natural latex produced from the tree has undergone a process of manufacture, however small that process may be, the ..... the learned government advocate would vehemently submit that the words 'forest produce' in section 2(7) of the act must be construed liberally because it is an inclusive definition. the mere fact that for the purpose of preservation of latex sulphuric acid is added and is subjected to a process of smoking thereby it is converted into rma ..... before the learned single judge were:rubber is not a forest produce within the meaning of section 2(7) of the act. rubber tree is not a forest tree, in any event, latex produced from rubber trees in a rubber plantation is only an agricultural produce. what is sold by the appellants in favour of respondent-1 herein .....

Niyamavedi Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR2004Ker81

..... a notification, sro no. 2095 of 1989 dated 8-12-1989 under section 5 of the kerala preservation of trees act 1986 published in the kerala gazette extraordinary no. 1160 dated 28-12-1989 prohibiting cutting of trees from the said properties which was symbolically delivered to the applicant. it is pointed out that this court ..... notification on preservation of trees in the land which was handed over to the applicant. under the forest (conservation) act, 1980 no forest land could be used for non-forest purposes without the prior approval of the central government. ..... for the enjoyment of the general public rather than to permit their use for private ownership or commercial purposes.'state in order to preserve and manage ecological balance on the land has issued the kerala forest (vesting and management of ecologically fragile lands) ordinance, 2001. state has also issued .....

Roop Chand Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

Reported in : AIR2000J& K43

..... through state forest corporation. 8. the point in issue for the consideration of the writ court was as to whether the j. and k. preservation of specified trees act, 1969 and rules framed thereunder had no application. the writ petitioners' case in clear terms is that the timber he wanted to carry was fallen ..... the writ petitioner, therefore, filed owp no. 807/96. it is worthwhile to mention here that jammu & kashmir preservation of specified trees act, 1969, is a statute which governs the subject. rules under the act have been framed. these rules provide for transportation of timber grown from proprietory land, therefore, whenever a question with regard ..... had fallen due to a natural calamity. the writ petitioner applied before the prescribed authority (respondents 3 & 4) under the jammu & kashmir preservation of specified trees act, 1969 and the rules framed thereunder for transportation/lifting of the fallen timber to kishtwar town where the same was requiredfor construction of petitioners' .....

Tomy Vs. the State of Kerala

Court : Kerala

..... ) of the said act). "5. prohibition of cutting of tree in notified areas.- (1) notwithstanding anything ..... refer to the provisions of the kpt act. that enactment was made repealing the kerala restriction on cutting and destruction of valuable trees act, 1974 and kerala preservation of trees ordinance, 1986. while sec.4 of the kpt act creates restrictions in the matter of cutting of 'trees', sec.5 of that act provides for prohibition of certain acts with respect to such 'trees' (as defined in sec.2(e .....