Court : Allahabad
Reported in : AIR2005All136; 2005(1)AWC877
..... is found that the plots in question are within the sanctuary limits then the petitioners shall be obliged to seek permits under the wild life (protection) act from the chief wild life warden.41. the writ petition succeeds partly to the extent indicated hereinabove and is allowed subject to the directions contained herein. the ..... controversy has to be decided keeping in view the objects and reasons of the wild life (protection) act, 1972 :the wild life (protection) act, 1972introductionthe rapid decline of wild -animals and birds in india has been a cause of grave concern. some wild animals and birds have already become extinct in the country and others are in the ..... of the respondent-state government in permitting mining operations in areas which have been declared as a wild life sanctuary under the wild life (protection) act, 1972. as has been brought on record the kaimur wild life sanctuary preserves within its fold some very rare species of flora and fauna including the prized black buck .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2006All92; 2006(2)AWC1503
..... 1828.79 hectare of village' pakri (district mirzapur) as reserved forest. thereafter on 10.8.1982 a notification under section 18(1) of the wild life protection act, 1972 was issued constituting kaimur wild life sanctuary consisting of several van blocks. an area of 921.8 hectare of kanach van block and an area of 1406,7 hectares of pakri van ..... question of granting permission to the petitioner for doing mining operations in accordance with the provisions of section 29 of wild life (protection ) act. his contention was that there has been reference of section 29 of the above act in the order passed by the secretary but no specific finding has been recorded on this point and the order ..... however, the writ petition is allowed to this extent that the matter of grant of permission to the petitioner under section 29 of the wild life (protection ) act is remitted to the government for reconsideration in the light of the observations made in the body of the judgment with a further direction that .....
Tag this Judgment!Court : Allahabad
Reported in : 2001CriLJ2086
..... respect of offences under fera.7. the analysis of the provisions referred to by the learned counsel for the petitioner do not at all show that wild life (protection) act is a special law which may contain complete provisions for investigation, inquiry, search, seizure and trial and, therefore, ratio of the authority cited by ..... ca-5 to the counter-affidavit. these notifications show that the central bureau of investigation is empowered to investigate an offence under section 51 of the wild life (protection) act and its powers have been extended for investigating the offence in question namely, case crime no. 915 of 1999 of p.s. sahibabad district ghaziabad ..... .s.p.e. acton 24-1-1996 whereunder delhi special police establishment has been empowered to investigate the offences punishable under section 51 of the wild life (protection) act and also attempts, abetments and conspiracies in relation to or in connection with the aforesaid offence and any other offence or offences committed in the .....
Tag this Judgment!Court : Allahabad
Reported in : 2000CriLJ4497
orderb.k. rathi, j. 1. the applicant mumtaj has applied for bail for offences under section 49(b)/51 wild life protection act, 1972 (van jeejv sanrakshan adhiniyam), under section 10/15 prevention of cruelty to animals act, 1960 and sections 429 and 411, i.p.c.2. i have heard sri g.s. chaturvedi, senior advocate for the applicant and sri girdhar nath, learned counsel ..... for the c.b.i, and sri a.k. tripathi, learned standing counsel for wild life protection society, new delhi.3. according to the prosecution, on .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1998All232
order1. by a notification dt. 2nd sept, 1993 issued under section 18(1) of the wild life (protection) act, 1972 the concerned area was declared to be included within the limit of the sanctuary. subsequently, a notification was issued on 11th of jan, 1994, under section 21 of the said act being a proclamation specifying the area as sanctuary requiring persons claiming any right mentioned in ..... it satisfies the test of section 18(1) of the act. section 18 of the act empowers the-state government to declare any area to be a sanctuary if it is considered that such area is of adequate . ecological, faunal, floral, geomorphological, natural or zoological significance for the purpose of protecting, propagating or developing wild life or its environment. once these tests are satisfied the .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)AWC2970
..... singh was arrested by the forest officer and he was challaned for the offences punishable under section 26/52 ka, kha and ga of the forest act and section 29, 39, 50 and 51 of the wild life protection act 1972 as amended in the year 1991. it is contended that the allegations of the prosecution is that wood of the forest was loaded on .....
Tag this Judgment!Court : Allahabad
..... 6.2012 being case crime no. 422 of 2012 u/s 279, 429, 289, 290 ipc read with section 7 criminal law amendment act and section 16c, 43(2), 48-a and 51 of wild life protection act, 1972, p.s. sector-39 noida district gautam budh nagar be quashed and a writ, order or direction in the nature of ..... report fir was lodged for the offences punishable u/s 16c, 43(2), 48a, 51 of the wild life (protection) act, 1972 (which shall be referred to as the 'act' hereinafter), sections 279, 429, 289 and 290 ipc and section 7 criminal law amendment act in p.s. sector-39, noida district gautam bud nagar against the petitioner, his mahavat mukat ..... or the horn of a rhinoceros, except with the previous permission in writing of the chief wild life warden or the authorised officer. 2(a) no person other than a person having a certificate of ownership, shall, after the commencement of the wile life (protection) amendment act, 2002 acquire, receive, keep in his control, custody or possession any captive animal, animal .....
Tag this Judgment!Court : Allahabad
..... trees or fell and remove diseased or dry standing timber from areas other than those notified under section 18 or section 35 of the wild life protection act, 1972 or any other act banning such felling or removal of trees. 3. for this purpose, the state government is to constitute an expert committee comprising a ..... by the state governemnt in this behalf and the order of the forest officer shall, subject to the decision in such appeal, be final. 2. wild life (protection) act, 1972: section 34a. power to remove encroachment-(1) notwithstanding anything contained in any other law for the time being in force, any officer not below ..... in contravention of the aforesaid notification and also in violation of wild life protection act, 1972. their illegal occupation is a constant threat to the wild life habitat and security of the national park. 29. the applicant being a society involved in the protection of environment and wild life has been permitted to be heard through its counsel as an .....
Tag this Judgment!Court : Allahabad
Reported in : 2011(5)LLN536
..... and the retrenched workmen who offer themselves for re-employment shall have preference over other persons." there is no dispute that due to amendment in the wild life protection act, a large forest area was declared as national park and sanctuary and complete ban on felling of green trees was imposed hence, the work-load of ..... help in its selling etc. each workman was engaged in muzaffarnagar logging division of petitioner u.p. forest corporation. according to the petitioner after amendment of wild life protection act, 1972, a large area of forest in u.p. was declared as national park and sanctuary and felling of the trees was banned and entry ..... case no employer can be compelled to retain more than required number of workmen unless termination order suffers from violation of some provisions of industrial disputes act. adjustment of workers from different units depending upon temporary increase of work-load in a particular unit is not prohibited. accordingly, impugned awards being utterly .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2006All324; 2007(1)AWC195
..... case division bench considered following question:(i) whether the disputed leased area lies within the kaimur wild life sanctuary ?(ii) whether permission should be granted to the petitioner to perform mining operation in the leased area under section 29 of the wild life (protection) act, 1972 if it is found that the disputed leased area is situate within the sanctuary ..... road' or the order of 'conviction' under forest act was challenged in any competent court of law.5. it appears that on 29-12-2005 the concerned district magistrate issued 'notice' inviting applications for grant of ..... answer' (annexure ra-3), j. p. yadav and his party-men-ram das, mukesh yadav, dina yadav were convicted and fined under section 5/26, forest act, vide judgment and order dated 4-12-2004. nothing has been brought on record or otherwise to controvert that the order cancelling his 'permit' to use 'forest- .....
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