Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Karnataka Preservation of Trees Act Reliance on a decision |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Karnataka Preservation of Trees Act, 1976: Application by owner of land for permission to cut trees - Conditional permission granted - While granting transport permits, Government transported some portion of timbers to their godowns - Claim of owner for price of timber transported - Held: Not sustainable in the absence of challenge to the conditions stipulated in permission granted. Precedent: Reliance on a decision without looking into the factual background of the case before the Court - Held: Not proper - Decision is precedent on its own facts - Observations of Courts are neither to be read as Euclid's theorems nor as provisions of the statute - These observations to be read in the context in which they are stated - Judges interpret words of statutes - Their words not to be interpreted as statutes - Judgment - Interpretation of.The plaintiffs are owners of the suit land. They had grown silver wood and other varieties of trees on the suit land. The plaintiff applied for permission for cutting and felling of silver wood and other trees on the suit land. The defendants granted the permission. In terms of the permission, the plaintiffs cut and felled the trees. While issuing the transport permit to the plaintiffs, the defendant directed issuance of transport permit and ordered to transfer certain timber to Government depot. A suit for recovery was filed by the plaintiffs claiming that they were entitled to the value of the timber transported to Government godown at the prevailing rates. The defendants took the stand that the permission was conditional and there was never any challenge to the conditional permission granted and after having accepted the permission by plaintiff with the conditions stipulated, it was not open to the plaintiffs to lay a claim for the value of the trees. The Trial Court dismissed the suit holding that in the absence of challenge to the conditional permission, there was no question of the plaintiffs making a claim for value of the timber transported. The High Court allowed the appeal filed by plaintiffs by placing reliance on certain judgment of High Court wherein it was held that in respect of reserved trees, the ownership was not with the Government but was with the owner of the land. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1318 |
Petitioner | Government Of Karnataka And Ors. |
Respondent | Smt. Gowramma And Ors. |
SCR | [2007] 13 S.C.R. 939 |
Judgement Date | 2007-01-14 |
Case Number | 2874 |
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