LAWS(CHH)-2018-10-21

STATE OF CHHATTISGARH Vs. SHYAMLAL

Decided On October 04, 2018
STATE OF CHHATTISGARH Appellant
V/S
SHYAMLAL Respondents

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered by this Court in this defendant's second appeal is as under:-

(2.) The imperative facts required for determination of above-stated substantial question of law are as under:-

(3.) Mr.Arun Sao, learned Deputy Advocate General for the appellant/defendant, would submit that the First Appellate Court is absolutely unjustified in overlooking the fact that the suit land is recorded as 'Chhote Jhad Ka Jangle' and that cannot be lease out without prior approval of the Central Government under Section 2(iii) of the Forest (Conservation) Act, 1980 (hereinafter called as "the Act of 1980"), as such, the impugned judgment and decree passed by the First Appellate Court deserve to be set aside.