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october 2004

Supreme Court of India · 2004-10-14

Sri Ram Saha vs State Of West Bengal & Ors

Citation / case number
AIR 2004 SUPREME COURT 5080
Court
Supreme Court of India
Petitioner
Sri Ram Saha
Respondent
State Of West Bengal & Ors
Author
Shivaraj V. Patil
Bench
Shivaraj V. Patil, B.N. Srikrishna

Judgment text excerpt

The Supreme Court held that the appellant, as the owner of orchard land, is not required to seek permission under Sections 4-B and 4-C of the West Bengal Land Reforms Act, 1955 to fell old trees for planting new saplings. The Court distinguished the applicability of the precedent set in T.N. Godavarman Thirumulkpad case, emphasizing that the restrictions therein pertain specifically to forest lands, not garden lands. The Court upheld the appellant's right to manage his garden without imposed conditions from the High Court.

Sri Ram Saha vs State Of West Bengal & Ors · Niyam