Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maharashtra Private Forests (Acquisition) Act 1927: Section 35(3). 1975 : Sections 2(1) 6 and 24(1) Indian Forest Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Maharashtra Private Forests (Acquisition) Act, 1975 : Sections 2(f) 6 and 24(1). c Indian Forest Act, 1927: Section 35(3). Land-Holder-Private forests land-Vesting of in State-Act come into force on 30.8.1975--Notice issued to landowner before appointed day-Effect of-Word 'issue' used in Section 2(f)-Whether means service of notice on the land holder-Difference between Section 2(f)(ii) and (iii) discussed-Held, in cases where a final notification has been issued under Section 35(1) the entire notified land would automatically vest in the State on the appointed date, namely, 30.8.1975- But in the case where only notice has been issued as per Section 35(3) before the appointed day, namely, 30.8.1975-The Maharashtra Legislature thought that the entire property covered by the notice in the State need not vest but it excluded 2 hectares out of the forest land held by the land holder- That was the consideration for not allowing the benefit of an enquiry under Section 35(3) and for not allowing notification to be issued under section 35(i) of the 1927 Act. |
Judge | N/A |
Neutral Citation | 2000 INSC 45 |
Petitioner | Chintamani Gajanan Velkar |
Respondent | State Of Maharashtra & Ors. |
SCR | [2000] 1 S.C.R. 570 |
Judgement Date | 2000-02-01 |
Case Number | 781 |
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