2 the permit asked for.
The High Court of Mysore upheld the validity of Rule 137 but it took the view that the appellants were liable to pay the timer value of only such trees as were in existence at the time of the.
Further, the trees ,growing on the land were number to be cut or removed for any other purpose without the permission of the Assistant Commissioner and without prior payment of timber value.
Appeals by certificate from the judgment and order dated the 18th March, 1971 of the Mysore High Court in W.P. 6394 of 1969.
Such payment was called Seignorage for redemption of timber.
Ordinarily, the Bane land was number intended to be brought under ,cultivation.
N. Byra Reddy, Karnataka in C.A. No.
1721/71 only and Veerappa, for the respondents.
On September 23, 1969 he made an application to respondent 2, the Divisional Forest Officer, for the issue of a permit in the name of appellant No.
2 allowing him to cut and remove the timber.
The lands in question were granted to appellant No.
The companytention of the appellants is that they are entitled to the permit to cut and remove the timber without payment of any timber value at all while the companytention of the State Government is that numberdistinction can be made as between trees existing in 1910 and those which came into existence later and therefore the appellants are liable to pay the timber value of the trees before being permitted to cut and remove the timber.
1, M. M. Thammaiah, is the holder of immovable properties companysisting partly of Bane lands, situate at Nemmale in the district of Coorg.
These Rules can be found in Appendix B to the letter dated February 18, 1910 written by Gustav Haller, Settlement Officer, Coorg, to the Secretary to the Chief Commissioner of Coorg.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Judgment of the Court was delivered by CHANDRACHUD, J. These are two cross appeals by certificate granted by the High Court of Mysore under Article 133 1 b of the Constitution and they arise out of its judgment dated March 18, 1971 in Writ Petition 6394 of 1969.
1 that the Bane lands held by him were number redeemed and that numberpermission companyld be granted for cutting and removing the timber unless the timber value was paid under Rule 137 of the Mysore Forest Rules of 1969.
Appellant No.
1721 of 1971 and 1000 of 1972.
1 by the Raja of Coorg and are situated in the village of Nemmale, Virajpet Taluk, LI77SupCI/75 which was once a part of the princely State of Coorg.
B. Pai, C. S. Rao and P. C. Bhartari, for the intervener.
On October 17, 1968 he sold certain soft wood trees standing on his lands to appellant 2 for a sum of Rs.
By that petition the appellants prayed that a direction be given to respondent 2 to issue in favour of appellant No.
Respondent 2 informed appellant No.
Each rice cultivated valley known as Kovu was divided into plots called Wargs and the forest land allotted for the use of each Warg came to be known as Bane land.
Civil Appeal 1721 of 1971 is filed by the State of Mysore and the Divisional Forest Officer.
They companytended that the Rule was violative of Article 19 1 f and Article 31 of the Constitution, that it was inconsistent with the provisions of section 75 1 of the Mysore Land Revenue Act, 1964 and that it was beyond the rule making powers companyferred by the Mysore Forest Act, 1963.
20,000.
Aggrieved by this order the appellant filed a petition in the High Court of Mysore under Article 226 of the Constitution challenging the companystitutionality of Rule 137 of the Mysore Forest Rules.
Civil Appeal 1000 of 1972 is filed by two persons called M. M. Thammaiah and B. M. Kariappa herein called the appellants , against the State of Mysore and the Divisional Forest Officer, South Coorg Division, Hunsur, Mysore herein called the respondents .
The High Court directed the forest authorities to determine which trees were in existence in 1910 and held that the appellants would be entitled to get the required permit after payment of the timber value of those trees.
S. Javali, K. S. Gouri Shankar and B. P. Singh, for the appellants.
Years after Coorg came under the suzerainty of the British, a summary settlement was carried out in 1896 under the orders issued by the Chief Commissioner of Coorg.
Survey Settlement of 1910.
Both parties were partly hurt by the judgment of the High Court and they have therefore filed these two cross appeals.
The Coorg Land and Revenue Regulation came into force in 1899 Regulation 1 A of 1899 .
