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PETITIONER: SHRIMATI SHANTABAI
Vs.
RESPONDENT: STATE OF BOMBAY & OTHERS
DATE OF JUDGMENT: 24/03/1958
BENCH: DAS, SUDHI RANJAN (CJ) BENCH: DAS, SUDHI RANJAN (CJ) AIYYAR, T.L. VENKATARAMA DAS, S.K. SARKAR, A.K. BOSE, VIVIAN
CITATION: 1958 AIR 532 1959 SCR 265
ACT: Fundamental Rights, Enforcement of Unregistered document conferring right to cut and appropriate wood from forest land-Proprietary interest vested in State by subsequent enactment-Claim founded on rights accruing from such document, if maintainable -Constitution of India, Arts. 19(1)(f), 19(1)(g)-Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (No. 1 of 1951).
HEADNOTE: By an unregistered document the husband of the petitioner granted her the right to take and appropriate all kinds of wood from certain forests in his Zamindary. With the passing of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950, all proprietary rights in land vested in the State under s. 3 Of that Act and the petitioner could no longer cut any wood. She applied to the Deputy Commissioner and obtained from him an order under s. 6(2) of the Act permitting her to work the forest and started cutting the trees. The Divisional Forest Officer took action against h...