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1996 Supreme(SC) 2012

K.RAMASWAMY, G.T.NANAVATI
State Of J & K – Appellant
Versus
Romeshchander – Respondent


ORDER

Delay condoned.

Leave granted.

We have heard learned counsel on both sides.

2. This appeal by special leave arises from the order of the High Court of Jammu and Kashmir, made on April 23, 1992 in Criminal Revision No.6/92. The respondents 5 to 7, namely, Sudhir Kumar, Sharat Kumar and Davinder Kumar were granted lease to extract timber from compartment No.55-56, Bani Range of Billawar Division. It is not in dispute that the lease of April 28, 1978 was to be effective upto December 31, 1986. It is stated by the respondents that for certain other purposes, it was extended upto December 31, 1987. We need not record any findings in that behalf. It is only noted as asked for. The Government have passed an order on February 22, 1985 directing the aforesaid three contractors to complete the extraction of the timber upto September 3, 1984 and thereafter un-salvaged timber would stand vested in the State. Admittedly, this is only an administrative order. On September 24, 1985, the Jammu and Kashmir State Nationalisation of Forest Working Act, 1985 was enacted. Thereunder, all timber lying within demarcated forests stood vested in the State w.e.f. the aforesaid date notwithstanding any lea







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