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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
N. UNNI KRISHNAN NAIR
Borduria Timber Products Pvt. Ltd. – Appellant
Versus
Arunachal Pradesh Forest Corporation Ltd. – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
Heard Mr. T. Pertin, learned counsel for the petitioner. Also heard Mr. B. Picha, learned counsel appearing for the respondents.
2. The challenge made in the present proceeding is to an Order dated 26.10.2012, passed by the Divisional Commissioner (East), Government of Arunachal Pradesh in Bakijai Appeal No. 01/2011.
3. The facts requisite for adjudication of the issue arising in the present proceeding is noticed as under:-
The petitioner, in the writ petition has projected that it is a lessee of M/s Nocte Timber Company, N.T.C. Tirap. The Government of Arunachal Pradesh, Department of Forest as well as the Arunachal Pradesh Forest Corporation Limited (APFCL) had entered into separate agreements with the M/s Nocte Timber Company for extraction of Timber from Borduria area of Tirap District. The petitioner company, as the lessee of M/s Nocte Timber Company had carried out the work and was to pay the revenue to the Government of Arunachal, Department of Forest as well the APFCL for operation of Timber business. The dues receivable from the petitioner in connection with the Timber operation carried out by it, not being cleared, the Divisional
The corporation, acting as an agent of the government, is entitled to recover dues under the BPDR Act as government dues.
No dues are recoverable under the Assam Sale of Forest Produce and related rules when no agreement is executed and proper procedural norms for recovery are not followed.
Notice under Section 35(3) IFA for MPFA vesting must be by authorised officer, served on true owner pre- or proximately to appointed day; invalid notice fails strict compliance, preventing land class....
The definitions of 'judgment' in appeal contexts include interim orders; provisions for revenue recovery under the Land Revenue and Forest Acts are constitutional and do not violate the right to equa....
Rule 18 of the Assam Settlement of Forest Coupes and Mahals by Tender System Rules, 1967 is to be interpreted strictly and only applies to amounts due under the Rules themselves, and not to amounts c....
A review petition cannot be used as an appeal in disguise; it must demonstrate clear grounds for review, such as fraud or error apparent on the face of the record.
The court upheld the State's authority to declare land as reserved forest, emphasizing that tenure-holders cannot claim proprietary rights over such land post-abolition of Zamindari.
The court affirmed that mining rights vested under the Coal Mines (Nationalisation) Act cannot be arbitrarily interfered with without due inquiry as mandated by law.
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