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A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
Divisional Forest Officer, Kozhikode – Appellant
Versus
Thomas Philip – Respondent
JUDGMENT :
(A. Muhamed Mustaque, J.)
1. In this appeal, we are called upon to decide an issue regarding the procedure to be followed for cutting and transporting the timbers of the specified trees from non-notified area as referable under the Kerala Promotion of Tree Growth in Non-forest Areas Act, 2005 (For short “Act”). The Forest Department has come up with this appeal aggrieved by the judgment of the learned Single Judge setting aside the decision of the Authorised Officer-Forest Range Officer rejecting a declaration submitted by the owner of the land to transport the timber referable under Section 6(5) of the Act r/w Rule 3(1) of the Kerala Promotion of Tree Growth in Non-forest Areas Rules, 2011 (For short the Rules). To understand the issue, it is necessary to advert to the legislative scheme of the Act. The Act was brought in the year 2005. As seen from the preamble, the Act was brought in to promote cultivation of trees in non-forest areas of the State, in order to increase green cover, preserve bio-diversity and arrest soil erosion and to increase availability of timber and bamboo for industry. While balancing the ecological concern and genuine human wants, the legislature
Penal consequences under the Act are strictly contingent upon the subject matter being a 'specified tree.' The failure to establish this foundational jurisdictional fact renders the prosecution for t....
The main legal point established is that the petitioner's rights under the title deed were modified by the Kerala Grants and Leases (Modification of Rights) Act, 1980, and the petitioner is liable to....
The main legal point established in the judgment is that landowners have the right to cut and transport trees from their private land in accordance with the state legislations, especially in the abse....
Permission is required for cutting any tree in designated areas; definitions of 'tree' are context-dependent within relevant preservation laws.
Property not 'forest' under EFL Act if principally planted teak; inadequate inspection requires remand.
Felling permission for trees not listed in Schedule of West Bengal Trees Act, 2006, such as Eucalyptus and Akashmoni, is valid without mandatory prior approval, as confirmed by exemption notification....
Eucalyptus and Akashmoni trees, not listed in Schedule of West Bengal Trees Act, 2006, do not require mandatory felling permission; exemptions upheld to promote plantations. Felling permit valid desp....
Government has no rights over trees planted on assigned land by the petitioner under the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005.
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