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1996 Supreme(All) 600

U.P.SINGH, B.S.CHAUHAN
DISTRICT BHUDAN YAGYA SAMITI – Appellant
Versus
COLLECTOR – Respondent


Advocates Appeared:
MUKESH PRASAD,

U. P. SINGH, J.

Petitioner No. 1 in the first case is the District Samiti, the parent body being U. P. Bhudan Samiti, constituted under Bhudan Yagya Adhiniyam, 1952 and is a body corporate under the aforesaid Act and the petitioner No. 2 is the office bearer of the said Samiti. The said Samiti owned a private forest measuring about 745 bighas and 3 biswas. The said land is covered with thick Foliage and plants. The forest being a hilly tract, sand stones and other gravel are found as deposits in its sub soil. In 1987 the mining lease for an area of about 30 acres was granted from the, above said land for a period of 10 years, in favour of a private company. For the purpose of excavation the said company cut the trees and disturbed the ecological balance of the area and the petitioners filed the Writ Petition No. 7814 of 1988 (U. P. Bhudan Yagya Samiti v. The District Magistrate, Allahabad and others ). In the said writ petition this Court vide its order dated 26-4-88 restrained the said company from cutting any trees from the said area. The said writ petition is still pending for hearing before this Court.

2. On 27th August, 1994, the Uttar Pradesh Minor Mineral (Concessions) Rules















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