STATE OF ORISSA versus DUTI SAHU AND ORS.

STATE OF ORISSA versus DUTI SAHU AND ORS.

Respondents have no right whatsoever to deforest the land or cut and carry trees standing on the government property without the prior approval of the Central Government, as mandated by Section 2 of the Forest Conservation Act, 1980.

Parties
Appellant: State of Orissa; Respondents: Duti Sahu and others
Jurisdiction
India
Judgment Date
13 January 1997
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment Dated 29.3.96 of the Orissa High Court in O.j.c. No. 1389 of 1996
Outcome
Appeal allowed. Order of the High Court set aside. No costs.
Legal Topics
Forest Land Assignment, Restriction on Use for Non Forest Purpose, Forest Conservation Act Compliance, Timber Transit Permits
Environmental Law Forest Land Assignment Restriction on Use for Non Forest Purpose Forest Conservation Act Compliance Timber Transit Permits

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Parties

State of Orissa

Appellant

Duti Sahu and others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment Dated 29.3.96 of the Orissa High Court in O.j.c. No. 1389 of 1996

Legal Issues

  1. 1 Whether the respondents, as assignees of land in reserved forest, have a right to cut and carry trees standing on the land without permission of the Central Government under Section 2 of the Forest Conservation Act, 1980

Ratio Decidendi

Respondents have no right whatsoever to deforest the land or cut and carry trees standing on the government property without the prior approval of the Central Government, as mandated by Section 2 of the Forest Conservation Act, 1980.

Court Disposition

Appeal allowed. Order of the High Court set aside. No costs.

Orders

  • The appeal is allowed.
  • The order of the High Court is set aside.