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Yamkhomang Haokip vs State Of Manipur And Ors. on 12 July, 2000

In this regard, a reference can be made to a decision of this Court rendered in Jalandhar Chakma and Ors., Petitioners v. The Deputy Commissioner, Aizwal, Mizoram and Ors., Respondents reported in AIR 1983 Gau. 18. Annexure D/1 to counter affidavit of the respondents in a notification dated 21.3.1989 bearing No. 60/6/86 issued by the Commissioner (Forest), Govt. of Manipur by invoking the powers conferred upon the authority under Section 18 read with section 19 of the Wild Life (Protection) Act, 1972 but it is not a notification as required under Section 2(22) of the Act which envisages that "notification" means a notification published in the official Gazette. In the instant case, the State respondents could not produce the related notification published as required under Section 2(22) of the Act and, apart from it, there is no even a whisper in the counter affidavit that the said notification as seen in the document marked as Annexure - D/1 was published in the Official Gazette and with this reason this court quashed the impugned eviction notice however, this finding and observation shall not stand on the way of the respondents/authority concerned to make further enquiry in the matter and follow prescribed procedural standard in taking up the matter in accordance with law.
Gauhati High Court Cites 8 - Cited by 0 - N S Singh - Full Document
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