SUPREME COURT OF INDIA

Before:- B.N. Kirpal and A.P. Mishra, JJ.

Civil Appeal No. 7180 of 1999.[Arising out of S.L.P.(C) No. 5008 of 1999]. D/d. 10.12.1999.

Sri Goutam Sarkar - Petitioner

Versus

Estate Manager, W.M. Palace, Murshidabad and others - Respondents

Forest (Conservation) Act, 1980 - Held, question of appellant being allowed to cut trees does not arise in view of orders of this Court in T.N Godavarman Thirumullapad Vs. Union of India and Ors. [1997(2) SCC 2671] - Amount paid by appellant ordered to be refund with interest.

[Para ]

Cases Referred :-

T.N. Godavarman Thirumullapad v. Union of India and Others, [1997 (2) SCC 2671.

ORDER

1. Special leave. granted.

2. After hearing the learned counsel for the parties, we are of the opinion that in view of the orders of this Court in T.N. Godavarman Thirumullapad v. Union of India and Others, [1997 (2) SCC 2671, the question of the appellant being allowed to cut trees does not arise. A sum of Rs. 3,50,000/- has been paid by the appellant. The Single Judge of the High Court held that the appellant is entitled to the refund of the same. In our opinion, the said refund should be granted along with interest at the rate of 12 per cent per annum from the date of the deposit till the date of payment.

3. The appeal is disposed of accordingly.

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