Judgment

SABYASACHI MUKHARJI, J. :- This is an application for leave to appeal under Art. 136 of the Constitution from the judgment and order of the High Court of Kerala dt. 28th July, 1986. The question involved in this case is whether where eucalyptus is planted in the Travancore area of Kerala is a private forest or not. Act 26 being Kerala Private Forests (Vesting and Assignment) Act, 1971 came into operation in 1971. On 24th June, 1981 by a common order, the Forest Tribunal, Palghat held in favour of the respondent-company, the Nilgiri Estate Ltd. that certain areas of forest did not vest in the Government under the said Act. The High Court affirmed that finding. The propriety and validity of that decision are sought to be challenged by this application under Art. 136 of the Constitution. The factual parameters have to be borne in mind in the background of the relevant provisions of the Act. The said Act 26 by S. 2(f) provides, inter alia, as follows

"(f) "private forest" means

(1) in relation to the Malabar district referred to in sub-s. (2) of S. 5, States Reorganisation Act, 1956 (Central Act 37 of 1956)

(i) any land to which the Madras Preservation of Private Forests Act, 1949