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B. R. GAVAI, SANDEEP MEHTA
State of Kerala – Appellant
Versus
Jayakumar – Respondent
ORDER :
1. The instant appeal challenges the judgment and final order dated 13th May, 2022 passed by the learned Single Bench of the Kerala High Court at Ernakulam whereby the CRL.M.C.No.1618 of 2022 (Ed.Note: Please see - Jayakumar v. State of Kerala.) filed by the respondent was allowed and the proceedings of the O.R.No.3 of 2021 registered against the respondent at the Vairamony Forest Station for offence punishable under Rule 4 of the Kerala Forest (Prohibition of Felling of Trees Standing on Land Temporarily or Permanently Assigned) Rules, 1995 (hereinafter being referred as ‘Rules of 1995’) were quashed.
2. Shri Harshad V. Hameed, learned counsel representing the appellant drew the Court’s attention to Rule-3 of the Rules of 1995, which reads as below:-
He also referred to Rule-3 and Rule-5 of The Kerala Forest (Preservation, Reproduction and Disposal of Trees and Timber belonging to Government but grown
The State retains absolute ownership of trees on assigned land, and cutting without permission constitutes an offense under the relevant rules.
Article 48A in part IV of Constitution of India dealing with a duty is cast upon State for 'protection and improvement of environment and safeguarding of forests and wildlife', of country.
Government has no rights over trees planted on assigned land by the petitioner under the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005.
The court established that under the Land Assignment Act, all trees on assigned land vest in the Government, regardless of when they were planted.
Permission is required for cutting any tree in designated areas; definitions of 'tree' are context-dependent within relevant preservation laws.
The main legal point established is that the petitioner's rights under the title deed were modified by the Kerala Grants and Leases (Modification of Rights) Act, 1980, and the petitioner is liable to....
Statutory restrictions on tree removal govern property rights, affirming non-entitlement without compliance.
The rights to trees planted by the assignee on assigned land vest with the assignee, not the government.
Exemption from vesting under the Kerala Private Forests (Vesting and Assignment) Act does not change the classification of land as a private forest, and the Kerala Preservation of Trees Act has overr....
The court emphasized the importance of following judicial precedents concerning the interpretation of offenses under the Kerala Forest Act as they apply to agricultural practices.
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