BISHWANATH BORO Vs. STATE OF ASSAM
LAWS(GAU)-1994-3-8
HIGH COURT OF GAUHATI
Decided on March 18,1994

BISHWANATH BORO Appellant
VERSUS
STATE OF ASSAM Respondents


Cited Judgements :-

BIPAL BASHI DAS VS. ORIENTAL INSURANCE CO. LTD. [LAWS(GAU)-2005-6-60] [REFERRED TO]


JUDGEMENT

- (1.):-The admitted fact is that the K. P. Patta No. 131 with Dag No.291 for an area of 4 Bs. 1 K. stands in the name of the petitioner and the petitioner is the landlord in respect of this land. The petitioner on the land has 68 Teak (Sagoon) Trees.
(2.)The Rule 21 of the Rules under the Assam Land and Revenue Regulation, 1886, provides for royalty on timber. Rule 21(d) provides as fallows:
"Notwithstanding anything contained in the preceding clauses, trees which were planted, or began to grow, on the land during the pendency of a lease shall be exempted from all payment of royalty even if sold, bartered, mortgaged, given or otherwise transferred or removed for transfer. When land has been settled continuously for twenty years, all trees standing thereon shall be presumed to have been planted, or to have began to grow, during the pendency of the lease".

(3.)The petitioner contends that these trees were planted by him and they grew on the land during the pendency of the lease and this being the position, the petitioner shall be exempted from payment of all royalty even if sold, bartered, mortgaged, given or otherwise transferred or removed or transferred.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.