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1990 Supreme(SC) 215

K.JAGANNATHA SHETTY, R.M.SAHAI
Gwalior Rayon Silk Manufacturing (Weaving) Company LTD. – Appellant
Versus
Custodian Of Vested Forests, Palghat – Respondent


Advocates:
DARSHAN SINGH, M.M.ABDUL KHADER, MALINI PODVAL, P.K.PALLI, P.S.POTI, PARVIN KUMAR, T.T.KUNHIKANNAN

JUDGMENT

K. JAGANNATHA SHETTY, J. :- This appeal by leave from a Full Bench judgment of the Kerala High Court raises a short question of construction of the plain words of a term private forest as defined in a statutory enactment called "The Kerala Private Forest (Vesting and Assignment) Act, 1971 (called shortly "The Vesting Act"). The High Court has decided the question in favour of the State and against the appellant. The judgment of the High Court has since been reported in AIR 1980 Kerala 137. The view expressed by the High Court has been subsequently affirmed by another Full Bench in State of Kerala v. Malayalam Plantation Ltd., AIR 1981 Kerala 1 and reiterated by a larger Bench of. five Judges in State of Kerala v. K. C. Moosa Haji, AIR 1984 Kerala 149.

2. Losing the construction argument, the appellant has appealed to this Court.

3. The facts of the case are immaterial for the purpose of this judgment, save to state in the barest outline that the appellant is the Rayon Silk Manufacturing Company registered in the State of Madhya Pradesh. One of its industrial undertakings is located in Bilakootam, Mavoor in kozhikode District, Kerala State. This establishment produces Rayon Gr

































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