Court Upholds Ecologically Fragile Land Designation, Denies Petitioner's Claim - 2024-06-20

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Background

In this case, a petitioner sought to challenge the government's decision to designate a piece of land as 'Ecologically Fragile Land' (EFL) under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act 2003. The petitioner claimed ownership of the land and sought various reliefs, including the quashing of the government order and a declaration that the land should not have been classified as EFL.

Arguments

The petitioner argued that the land in question was encircled by private land and should not have been declared as EFL. The petitioner also claimed that the number of trees standing at the time of the EFL ordinance should have been considered for the growth of natural vegetation.

The government, represented by the Special Government Pleader (Forest), contended that the land was notified as EFL after a thorough verification process. The land was found to be contiguous to a vested forest and supporting abundant natural growth, without any construction or cultivation. Therefore, it qualified as EFL under the Act.

Court's Analysis and Reasoning

The court examined the counter-affidavit filed by the government, which provided detailed information about the land's history and the process leading to its EFL designation. The court noted that the land was previously the subject of a successful application for exemption from the Forest Tribunal, but the restoration proposal was declined as it was not accompanied by a proposal to issue a notification under the EFL Act.

The court further observed that despite the earlier Forest Tribunal order, the land remained in the possession of the Kerala Forest Department and was protected as forest land. When the EFL Act was promulgated, the land was deemed to be Reserve Forest under the Act, and its ownership and possession were transferred to the government.

Decision

The court dismissed the writ petition, granting the petitioner liberty to approach the competent Tribunal in accordance with the law. The court noted that in such circumstances, the remedy of the petitioner is to approach the competent Tribunal, as the property has been notified as EFL under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act 2003.