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1 - 4 of 4 (0.18 seconds)Section 2 in The Forest (Conservation) Act, 1980 [Entire Act]
State Of Bihar vs Banshi Ram Modi & Ors on 7 May, 1985
14. On the second aspect that till the appropriate authority under the Act passes an order, the respondents/writ petitioners have been permitted to use the pathway for vehicular movement and access to their patta land, it is to be noted that the respondents/writ petitioners specifically asserted that the villagers and the respondents/writ petitioners were using the forest land for over 60 years to reach their patta lands. This averment has not been denied by the appellants in their counter affidavit. The fact that the stretch of the forest land has been used for more than 60 years as pathway having not been denied by the appellants/State, prima facie we are of the view that the State cannot be allowed to say that the said road cannot be used without the permission of the authority as contemplated under the Forest Conservation Act, 1980. Hence, while considering the application for grant of permission, the authority shall consider this aspect of the matter also. Reference may be made to the decision of the Supreme Court in the case of State of Bihar vs. Banshi Ram Modi reported in (1985) 3 S.C.C. 643.
Tamil Nadu Forest Act, 1882
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