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AIR 2005 (NOC) 32 (JHA) ::2004 AIR - Jhar. H. C. R. 3186
Jharkhand High Court
Hon'ble Judge(s): M. Y. Eqbal , J

Forest Act (16 of 1927) , S.33— Forest offence - Seizure of earth removing machine - Ground of damages caused to forest trees - Machine belonging to company doing road widening work allotted to company by State Government - No case that they were cutting and removing trees or doing any mischief with forest land for personal benefit - If some damage was caused to roadside plants while doing road widening work it would not constitute forest offence - Seizure of machine wholly arbitrary - At the most forest department can claim damages. (Para 8)

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