Back
RAJESH SHANKAR
Aashik Miyan @ Ashik Miyan – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
The present writ petition has been filed for issuance of direction upon the respondent authorities to revise the map and to publish a notification under Section 47 of the Bihar Private Forests Act, 1947 (hereinafter referred to as “the Act, 1947”) in terms with order dated 21.08.1949 passed by the then Forest Settlement Officer, Chatra, District-Hazaribagh under Section 23 of the Act, 1947 in Case No. 113/73 of 1949-50 for release of 30 acres of land appertaining to Plot Nos. 139 and 145 of village Bhaipur, Thana No. 119, P.S.- Chatra, District-Hazaribagh (now Chatra) (hereinafter referred to as “the said land”) from the limits of the private protected forests and also in pursuance of the letter as contained in memo no. 636 dated 11.02.1985 issued by the Special Secretary, Department of Forest and Environment, Government of Bihar to the Chief Conservator of Forest, the erstwhile State of Bihar at Ranchi conveying that his recommendation made vide letter no. 5417 dated 26.07.1984 for release of the said land from the limits of the private protected forests was approved by the State Government.
2. Learned counsel for the petitioners submits that the said land was recorded in
The court established that the Bihar Private Forests Act, 1947 would not apply to land in respect of which the provisions of the Indian Forest Act, 1927 are in force.
The court reaffirmed that the notification under the Indian Forest Act validly vested land with the State, and the appellate authority exceeded its jurisdiction by setting aside unchallenged notifica....
The main legal point established in the judgment is the power of the State Government to reserve forest land or wasteland under Section 3 of the Indian Forest Act, 1927, and the consequences of vesti....
The main legal point established in the judgment is the lack of jurisdiction of Consolidation Authorities over forest land notified under Section-4 of the Indian Forest Act, 1927, and the vesting of ....
The mandatory nature of service of notice under sub-Section 3 of Section 35 of the Indian Forest Act, 1927 and its significance in determining the classification of a land as a 'Private Forest' under....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
