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2005 Supreme(Ker) 608

RAJEEV GUPTA, S.SIRI JAGAN
M. T. Joseph – Appellant
Versus
State of Kerala Rep by its Chief Secretary – Respondent


Judgment :-

Siri Jagan, J.

By the impugned judgment, the learned Single Judge repelled the challenge of the appellant against Ext.P9 notification issued by the 1st respondent-State of Kerala under Section 5 of the Kerala Preservation of Trees Act, 1986 (for short ‘the Act’) prohibiting cutting of trees in the area referred to therein, which area was exempted from vesting under Section 3(3) of the Kerala Private forests (Vesting & Assignment) Act, 1971, by orders of the Forest Tribunal, as confirmed by this court in appeal, as a property intended for cultivation, in favour of the father of the appellant which he claims to have devolved by succession on the appellant. That judgment is under challenge in this appeal.

2. The contentions of the appellant against Ext.P9 notification are threefold. (1) In so far as the land in question had been exempted from vesting by order of the Forest Tribunal and confirmed by this court in Appeal, under Section 3(3) of the Kerala Private Forests (Vesting and Assignment) Act, 1971, as a property intended to be cultivated, the notification essentially interferes with the statutory right of the appellant under the Kerala Private Forests (Vesting and A












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