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1998 Supreme(Cal) 527

GITESH RANJAN BHATTACHARJEE, NURE ALAM CHOWDHURY
SRIRAM SAHA – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
DIPAK SAHA, DIPTI BHATTACHARYA, GITA MUKHERJEE, KALYANI SAHA, M.C.Das, PRADIP DUTTA, RAM DULAL MANNA, S.K.GOLAM GOUS, Sandip Ghosh, SANJOY CHAKRABORTY, Tapan Dutta Gupta

GITESH RANJAN BHATTACHARJEE, J.

( 1 ) IN this writ petition the petitioner has prayed for direction upon the respondent authorities not to prevent the petitioner from felling down some of the existing trees numbering 14 standing on his raiyati land which has been recorded in the records of right under the classification Bagan (garden ). It is the petitioner' case that at no point of time the said land was a forest of any nature and the same has never been converted from an earlier forest. It is the further case of the petitioner that the concerned trees intended to fell down are unproductive mango trees and they are very old trees and have lost their fruit-bearing ability and the petitioner has been incurring heavy financial loss every year and the trees have been affected with parasites and other uncontrollable worms so much so that any further standing of the trees would jeopardise the furit-bearing ability of the other adjacent trees and they are urgently needed to be uprooted and accordingly, the petitioner has decided to cut down the said affected unproductive old trees of the garden for renovation of the garden by plantation of saplings therein. It is the grievance of the pe














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