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Bombay High Court Dismisses Petition of Company Seeking Mandamus to Permit Construction of Captive Jetty and Cement Plant in Mangrove Area. Court holds that prior environmental clearances are mandatory and the petitioner cannot circumvent the directions in PIL No.87/2006.

The petitioner, Adani Cementation Limited, a company incorporated under the Companies Act, 2013 and part of the Adani Group, filed a writ petition see...

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Bombay High Court Dismisses Petitioner in Private Forest Vesting Case — Land Classified as Private Forest Under Section 2(c-i)(f) of Maharashtra Private Forest (Acquisition) Act, 1975 Vests in State; No Evidence of Cultivation Produced.

The petitioner, Gaurakshan Sanstha, a public trust established in 1962 for Panjarpole purposes, owned agricultural land in various villages. In 1985, ...

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Supreme Court Dismisses Appeal Against NGT Order on Forest Land Classification in Uttarakhand. Khasra No. 605 Recorded as Barren Land Not Attracting Forest (Conservation) Act, 1980.

The appeal arose from a judgment of the National Green Tribunal (NGT) dated 05.04.2019 in Original Application No.626 of 2016. The appellant, Chandra ...

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High Court of Karnataka Dismisses Second Appeal in Easement Right of Way Case — Concurrent Findings of Fact Not Interfered With. Plaintiff failed to prove existence of easement by necessity or prescription over forest land under Section 100 CPC.

The appellant, Sri B.V. Srikumar, was the unsuccessful plaintiff in a suit for declaration of right of way and permanent injunction against the Chief ...

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Bombay High Court Holds Civil Court Cannot Regularise Encroachment on Forest Land in Contravention of Forest (Conservation) Act, 1980 — Government Resolution of 1979 Cannot Override Section 2 of the Act.

This is a reference made by the Joint Civil Judge, Junior Division, Kannad under Section 113 of the Code of Civil Procedure, 1908, seeking answers to ...

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Supreme Court Upholds Tenant's Ownership Over Trees on Land Under Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953. Expression 'right, title and interest of the land-owner in the land' Under Section 11 Includes Trees, Dismissing Appeal by Forest Officer.

The litigation originated from proceedings under the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953. A cultivating tenant...

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Supreme Court Upholds Revenue’s Assessment — Income from Sale of Naturally Grown Trees Not Agricultural Income. Assessee Must Prove Entitlement to Exemption Under Section 4(3)(viii) of Income-tax Act, 1922; Tribunal’s Finding of Fact Binding.

The dispute concerned the taxability of income derived by the respondent, a proprietor of an estate, from the sale of trees in his forests. The respon...