2007 (12) TMI 447 - SC - Indian Laws

Whether owners of the Trees which were transported to the Government godown on the basis of the permission granted by the present appellants, the value of the Trees has to be paid by the government?

Summary

Issues:
Challenge to judgment allowing appeal on recovery of tree value based on conditional permission and ownership of reserved trees.

Analysis:
The plaintiffs filed a suit for recovery of tree value, claiming ownership of trees cut and transported to a government godown based on permission granted by the defendants. The trial judge dismissed the suit, stating that without challenging the conditional permission, the plaintiffs couldn't claim tree value. The High Court allowed the appeal, relying on judgments stating ownership of reserved trees lies with the landowner, not the government.

The appellant argued that permission was granted under the Karnataka Preservation of Trees Act, subject to conditions, including transporting reserved trees to a government warehouse. They contended that since the conditions weren't challenged, the High Court erred in granting relief. The respondents argued that ownership of trees, except sandalwood, isn't with the government as per the Karnataka Forest Act, 1963.

The High Court's judgment was deemed unsustainable as it didn't consider the effect of the admission that the trees were reserved. The court emphasized that precedents should be followed only to ensure justice and not blindly. It highlighted that each case's unique facts must be considered, and decisions shouldn't be based solely on similarities with past cases.

The Supreme Court set aside the High Court's judgment, noting the lack of challenge to the conditions and the acceptance that the trees were reserved. The decision emphasized the importance of analyzing admissions and facts in each case rather than relying solely on past judgments. The appeal was allowed without costs, emphasizing the need to clear obstructions to justice.