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1998 Supreme(Guj) 21

M.S.SHAH, K.SREEDHAR RAO
AJIT D. PADIVAL – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.D.Padival, AMI YAGNIK, GIRISH PATEL, HARUBHAI MEHTA, K.J.SETHNA, N.D.NANAVATI, P.M.THAKKAR, RAJNI H.MEHTA, S.B.VAKIL, S.N.SHELAT

K. SREEDHARAN, J.

( 1 ) "the Indian Express" daily, in its issue dated 29th january, 1995, published an article, "where law allows felling of trees". A cutting of that news item was forwarded to this Court by Advocate Shri Ajit D. Padival and requested this Court to treat it as a public interest litigation. A Division Bench of this Court treated it as Special Civil Application No. 616 of 1995 and issued rule to the concerned parties. This Court also called for a report regarding the bamboos and trees existing in the forest by appointing Shri N. V. Anjaria, an advocate of this Court, as Commissioner. Advocate-Commissioner submitted his report dated 13-2-1995. After perusal of the report, this Court permitted respondent- company to remove the bamboos, which have been cut and earmarked for it, on the Company paying the workmen the amounts due to them. Government was directed to file affidavit, indicating the census figures of the area, showing the number of trees as well as clumps of bamboos, which have been there since the beginning of the census work. State was also directed to indicate the steps that are to be taken to prevent unauthorised or illegal cutting of bamboos. Subsequently














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