Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Kerala Preservation of Trees Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Kerala Preservation of Trees Act, 1986 - ss.2(e), 4 and 5 - Notification u/s.5 providing total prohibition of cutting of trees - Plea that the forest in question, being not a 'Private Forest' within meaning of s.2(f)(1)(i) of Kerala Private Forests (Vesting and Assignment) Act, 1971, could not be brought under purview of the Notification u/s.5 of Preservation of Trees Act- Held: Explanation II u/s.5 of Preservation of Trees Act is a piece of legislation by reference - Therefore, the definition of 'Private Forest' under the Vesting and Assignment Act is to be taken for 'Private Forest' u/s,5 of the Preservation of Trees Act - The forest in question were covered by Madras Preservation of Private Forests Act, 1949 - Since the definition of 'Private Forest' u/s.2(f)(1)(i) excludes the forests on which Madras Preservation of Private Forests Act was applicable, the forest in question would not be covered u/ s.2(f)(1)(i) of Vesting and Assignment Act and consequently would also not be covered under the provisions of Preservation of Trees Act - Hence cannot be notified u/s.5 of Preservation of Trees Act - However, the trees specified u/s.2(e) of Preservation of Forest Act would not fall outside the purview of s.4, whereby no tree or its branch would be cut without previous permission (in writing), of the authorized officer - Kerala Private Forests (Vesting and Assignment) Act, 1971 - s.2(f)(1)(i) - Madras Preservation of Private Forests Act, 1949. |
Judge | N/A |
Neutral Citation | 2013 INSC 235 |
Petitioner | State Of Kerala |
Respondent | Abdul Ali |
SCR | [2013] 5 S.C.R. 799 |
Judgement Date | 2013-04-10 |
Case Number | 13802 |
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