Judgement

B. P. JEEVAN REDDY, J.:- WRIT PETITION(C)NOS.974 OF 1991 AND 419 OF 1989

The Kerala Private Forests (Vesting and Assignment) Act (Act 26 of 1971), was enacted by the Kerala Legislature to acquire forest lands held on janmam right as a measure of agrarian reform. The Act did not provide for any compensation being paid to the owners of these private forests. The forest lands so vesting in government were intended to be assigned to landless agriculturists and agricultural labourers for cultivation. Sub-section (1) of Section 10 says that the government shall first reserve such extent of the private forests vesting in the government under the Act as may be necessary for purposes directed towards the promotion of agriculture or the welfare of the agricultural population or for purposes ancillary thereto. Balance extent of the vested private forests were to be assigned on registry or lease to agriculturists, agricultural labourers, members of Scheduled Castes and Scheduled Tribes who are willing to take up agriculture as means of their livelihood and other categories of persons mentioned therein. Section 11 expected that such assignment "shall, as far as may be, completed within