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