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ASHOK BHUSHAN, R. SUBHASH REDDY, M. R. SHAH
CONSERVATOR AND CUSTODIAN OF FOREST – Appellant
Versus
SOBHA JOHN KOSHY – Respondent
JUDGMENT :
ASHOK BHUSHAN, J.
Leave granted.
2. This appeal has been filed by the Conservator and Custodian of Forest and other appellants challenging the judgment of the Division Bench of Kerala High Court dated 05.06.2008 dismissing the writ appeal filed by the appellants. Writ Appeal was filed by the appellants questioning the judgment of the learned Single Judge dated 19.01.2007 allowing the writ petition filed by the respondents directing the respondents, appellants herein, to pay to the writ petitioners compensation for the land directed to be restored to them by the earlier judgment of the High Court.
3. Brief facts of the case giving rise to this appeal are:-
3.1 The land which is subject matter of this appeal alongwith other land situate at Pannu Valley in Wayanad, State of Kerala was said to be vested in the Government under the Kerala Private Forest (Vesting and Assignment) Act, 1971 (hereinafter referred to as “Act, 1971”). The respondents with their predecessor-in-interest filed application in the Forest Tribunal under Section 8 of the Act, 1971 for declaration that the lands were not vested forest.
3.2 The Forest Tribunal rejected the claim, against which matter was taken
State having deprived owner of the possession of land and legal right to cultivate it cannot take advantage of its own wrong.
The classification of land as 'ecologically fragile' under the EFL Act is upheld when sufficient evidence supports the environmental status, and co-sharers have standing to appeal.
The court upheld the Custodian's authority to review exemptions of ecologically fragile lands, emphasizing the need to prevent fraud and protect public interest.
The court affirmed that the property in question does not qualify as 'Ecologically Fragile Land' or 'Forest' under the Kerala Forest Act, based on the evidence presented.
'Forest', which speaks of lands which are principally covered with naturally grown trees and undergrowth and includes any recognized, declared, protected or otherwise forest land.
The court clarified that a property exempted under the Vesting Act may still be classified as ecologically fragile under the EFL Act, emphasizing the need for evidence of cultivation as of the appoin....
The principal cultivation or existence of tea plantation, for the land to be excluded from the definition of EFL Act, has to be established as existing on 02.06.2000, the appointed day under the EFL ....
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