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State of Sikkim - Section

Section 47 in Sikkim Forests, Water Courses and Road Reserve (Preservation and Protection) Act, 1988

47. Procedure for disposal of application for claim.

(1)When any application is presented under section 46, the forest officer may, after making such enquiry as he thinks fit, either reject the claim, after recording his reason there or accept the claim and deliver the timber to the claimant.
(2)If such timber is claimed by more than one person, the forest officer may either deliver the same to any such person whom he finds to be entitled thereto after recording the reasons therefor or may refer the claimants to the Civil Court, and retain the timber pending the receipt of an order from such court for its disposal.
(3)Any person whose claim has been rejected under the section may, within thirty days from the date of intimation of the order of such rejection, institute a suit to recovery of the possession of the timber claimed by him but no such person shall be entitled to any compensation or costs against the Government or against any forest officer on account of such rejection or the detention or removal of any timber.
(4)Unless there are adequate arrangements for storage of timber detained or kept by the forest officer under this section the Court may order that the timber so detained or kept shall remain at the custody of the forest officer until the disposal of the suit.