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.