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Subash and Mani Lal Vs. Forest Range Officer.

Country/Territory
India
Type of court
National - higher court
Date
Jan 11, 2008
Source
UNEP, InforMEA
Court name
High Court of Madras
Judge
Regupathi, R.
Language
English
Subject
Wild species & ecosystems
Keyword
Offences/penalties Wildlife products Protected plant species Protected animal species Protected fish species Enforcement/compliance Protection of species
Abstract
The petitioner is alleged to have committed an offence punishable under Sections 3(2) r/w 7(1) of The Tamil Nadu Preservation of Private Forests Act, 1949. The allegation is that the petitioners have installed 5 batteries and established electric fence around their Estate, violating the Orders passed by the Supreme Court in W.P. No. 202/95 and also Sections 32 and 33 of Wild Life Act, 1972. The judge doid not find any substance of merit in the allegation made in the complaint by the respondent for prosecuting the petitioners under Section 3(2) r/w 7(1) of The Tamil Nadu Preservation of Private Forests Act, 1949 and therefore quashed the proceeding, as the installation of Solar Water Pumping System & Solar Power Fencing must be construed as agricultural implements and does not cause injury or death to wildlife nor denude the forest or diminish its utility as such.
Full text
COU-156250.pdf