IN THE HIGH COURT OF _______________ AT
(REGULAR SECOND APPEAL UNDER SECTION 100 OF THE CODE OF CIVIL
IN THE COURT OF THE SENIOR CIVIL JUDGE & C.J.M AT _______________
IN THE COURT OF THE PRL. DISTRICT JUDGE AT _______________
IN THE HIGH COURT OF _______________ AT _______________ R.S.A.NO. ________/20__.
RANK OF THE PARTIES
Trial Court Appellate Court High Court
_______________________ Plaintiff Appellant Appellant
_______________________ Defendant Respondent Respondent
MEMORANDUM OF REGULAR SECOND APPEAL UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE 1908
The Appellants above named most respectfully submit as follows:
1. The address of the Appellants for the
purpose of service of summons, notices, etc. from this Hon'ble Court is as
shown in the cause-title and also that of their counsel Mr____________________,
Advocate, at ____________________ ______________.
2. The addresses of the Respondents for the purpose of service of notices, etc., from this Hon'ble court is as shown in the cause title of the Respondents.
3. This Regular Second Appeal is filed by the Appellants challenging the Judgment and Decree of Dismissal of Suit dated __.__.20__, passed by the Hon'ble Principal District Judge at __________, in R.A.No. __/20__. The original suit in this matter was filed by the Appellants herein in public interest. The main concern in the suit and this appeal is the Suit Schedule Property which falls in ____________ at __________________, which is in the core of the protected are in the Western Ghats and has been declared as reserve forest. The Respondents have carried out construction work in the Suit Schedule Property and set up a huge hotel, in violation of the provisions of the Forest Conservation Act, which requires that without the prior approval of the Central Government there cannot be any use of any forest land or any portion thereof for any non forest purposes.
Learned Trial Judge and the Hon'ble First Appellate Court have without any
legal basis held that there was no violation of Section 2 of the Forest
Conservation Act. The construction work is for setting up a Hotel in the
forest and the said tourist camp is not related to conservation or
development of wildlife, and would in fact be detrimental to the wildlife
and hence the finding of the Learned First Appellate Judge deserves to be
set aside. Hence this Regular Second Appeal.
(A certified copy of the judgment and decree dated __-__-20__ passed in
R.A.No.__/20__ is herewith produced and marked as ANNEXURE – A).
(A copy of the judgment dated __.__.20__ in O.S. No. __ / 20__ is annexed herein and is marked as ANNEXURE – B)
BRIEF FACTS OF THE CASE
4. It is submitted that the original suit in this matter was filed by the Appellants herein, in the public interest. The main concern in the suit and this appeal is the Suit Schedule Property which falls in the core of the Protected land in the Western Ghats and has been declared as reserve forest.
5. That the learned judge of the Trial Court framed the following five issues:
6. The Learned Trial Court Judge vide his judgment and decree dated ______________ answered the first question in the affirmative.
7. Aggrieved by the said judgment of the Trial Court dated _________, the Appellants preferred a first appeal in R.A.No. __/20__ on the file of Prl. District Judge at ___________. The Learned Judge of the First Appellate Court after hearing on both the sides framed four points:
8. The First Appellate Court again confirmed the finding of the Trial Court that the Suit Schedule Property was located in the core of the __________, which is reserve forest land, but held that the Appellants did not prove that the construction work was undertaken by the 2nd Respondent in the Suit Schedule Property was in violation of the Section 2 of the Forest Conservation Act.
9. Aggrieved by the said judgment and decree and concerned by the continued illegal activities of the Respondent in constructing a hotel in the heart of a protected land, the Appellants have preferred this Appeal on the following grounds:
10. THAT the impugned order suffers from various other legal infirmities, and viewed from any angle, the impugned order is bad in law and facts and is liable to be quashed by this Hon'ble Court.
11. The Appellants crave leave of this Hon'ble Court to raise any additional grounds as may be necessary at the time of considering the present Appeal.
12. The Appellants have not preferred any other Appeal on the same cause of action either before this Hon'ble Court or before any other Court of Law.
13. VALUATION: The suit in O.S. __/20__ was filed by way of Public
Litigation under Section __ of ____________ Court Fees and Suits Valuation Act, 1958. A court fee of Rs. __/- was paid by the Appellants in the First Appellate Court. A court fee of Rs.___/- is paid on the Memorandum of Regular Second Appeal. The value of suit for purposes of Jurisdiction is Rs. ____________/-.
in this circumstances the appellants above named most humbly pray that this Hon'ble Court may pleased to: -
(a) Allow this Appeal and set aside the judgment and decree dated ____________ passed in R.A.No. __/20__ and the judgment and decree dated _______ in O.S. No. __/ 20__ produced as ANNEXURE - A;
(b) Issue a
permanent injunction restraining the Respondent and his
agents and subordinates, from carrying out any construction in the Suit
Schedule Property and restoring the Suit Schedule Property as it stood
before the filing of the suit; and
(c) Award costs of the Appeal and pass
any other order that this Hon'ble
Court deems fit to be granted in the circumstances of the case in the interests of equity and justice.
AND FOR THIS ACT OF KINDNESS THE PETITIONER AS DUTY BOUND SHALL EVERY PRAY.
ADVOCATES FOR THE PETITIONER