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august 1979

Supreme Court of India · 1979-08-17

THAKORESHRI NAHARSINGHJI DOLATSINGHJI & 2 ORS. vs STATE OF GUJARAT & ORS.

Citation / case number
SC 1969/60179
Court
Supreme Court of India
Petitioner
THAKORESHRI NAHARSINGHJI DOLATSINGHJI & 2 ORS.
Respondent
STATE OF GUJARAT & ORS.
Bench
UNTWALIA, N.L.

Judgment text excerpt

The Supreme Court held that under Section 5(1)(b) of the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953, the appellant became an 'occupant' of the land, which included the rights to the forest trees standing thereon. The Court clarified that the absence of a formal survey settlement did not negate the appellant's rights, as the jagirdar's prior settlement was recognized. Consequently, the governmental authorities were found to have no right to interfere with the appellant's dealings with the forest trees before the enactment of the Gujarat Private Forests (Acquisition) Act.

THAKORESHRI NAHARSINGHJI DOLATSINGHJI & 2 ORS. vs STATE OF GUJARAT & ORS. · Niyam