Act/Law wise: Judgment of Supreme Court of Bangladesh

ALL A B C D E F G H I J K L M N O P Q R S T U V W X Y Z



Private Forest Act, 1945
Section/Order/Article/Rule/Regulation Head Note
Sections 7 and 11

The Government has the power under section 7 to vest control of private forests in a notified area in the Forest Department for the purpose of conservation. Government has also similar power under section 11 to vest control of the waste land in the Forest Department for the purpose of afforesation. In both the cases vesting of control of the aforesaid category of land has to be made by publishing notification in official Gazette after issuing show cause notices on the owners of the land and on due consideration of their objections, if any. Govt. of Bangladesh & Ors Vs. Md. Ayub Ali & Anr 15 BLT (AD)275 ....View Full Judgment

Section 7 read with Section 11

Whether the Gazette notification is proved that taken over and vested the suit lands in the Forest Department in due consideration of the objections of the owners of the suit lands even in the absence of any such notices having been produced and proved before the court.
Burden of Proof —The taking over and vesting of the suit lands covered by the aforesaid Civil Appeal and Civil Petition for Leave to Appeal were not made in due compliance of the mandatory requirements under sections 7 and 11 of the Private Forests Act, 1945. In this view of the after, the taking over and vesting of the suit lands in the Forest Department by the Government by the aforesaid gazette notifications dated 3.6.1958 and 3.9.1953 in the aforesaid appeal and the leave petition respectively have not been prove and they remain merely as a paper transaction. Govt. of Bangladesh & Ors Vs. Md. Ayub All & Anr 15BLT(AD)275. ....View Full Judgment

Sections 7 and 11

Before publication of notifications the owners must be given notice to showcause—
Issuance of show cause notice as to why the land shown therein shall not vest in the Forest Department of the Government before publication of the notification u/s 7 and 11 of the Act, 1945 is the mandatory requirement of law, the non-compliance thereof renders the notification illegal and without jurisdiction. Government of Bangladesh, represented by the Secretary, Ministry of Environment and Forest and others Vs. Md. Ayub AH and others 14 MLR (2009) (AD) 392. ....View Full Judgment

Sections 7 and 11

Since sections 7 and 11 are designed to divest the owners of the suit lands of their ownership and possession in the suit lands the same should be strictly interpreted and applied. The defendant-Government has failed to discharge its burden of proof that the suit lands were taken over and vested in the Forest Department of the Government by issuing required show cause notices on the owners of the suit lands inviting objection and on due consideration of the objections, if any, raised by the owners. Government of Bangladesh represented by the Secretary, Ministry of Environment and Forests vs Md Ayub AH 12 BLC (AD) 215. ....View Full Judgment

Sections 7 and 11

On close reading of the law it is evident that the Government has the power under section 7 to vest control of privet forests in a notified area in the Forest Department for the purpose of conservation. The Government has also similar power under section 11 to vest control of the waste land in the Forest Department for the purpose of afforesation. In both the cases vesting of control of the aforesaid category of land has to be made by publishing notification in official Gazette after issuing notice to the owners of the land and on due consideration of their objections, if any .Government of Bangladesh -Vs.- Md. Ayub Ali 2 ALR (2013)(AD) 121 ....View Full Judgment