The vesting of private forests in the Government takes place by operation of law on the appointed day, and the issuance of notification must follow the demarcation of boundaries. Additionally, the appellant could not bypass the scheme of the Act and approach the court under Article 226 of the Constitution of India.

Bhat, Ag. C.J.

Appellant herein claiming to be owner of 81.22 acres of unsurveyed land (private forest) filed writ petition seeking to restrain respondents, namely, State of Kerala, Custodian of Vested Forests and Divisional Forest Officer, Mathottam, Kozhikode, from interfering with his possession and enjoyment of the land. He took the stand that the land involved in the petition has not vested in the State under S.3(1) of Mtc Kerala Private Forests (Vesting and assignment) Act, 1971 (for short the act" ). The learned single judge who heard the matter at the stage of admission dismissed the petition pointing out that petitioner's remedy was to move the Forest Tribunal by filing an application under S.8(1) of the Act. Being aggrieved by this judgment he has filed this appeal.

2. Learned counsel for the appellant contends that though according to S.8 whenever there is a dispute as to whether any land is a private forest or not, or any private forest or portion thereof has vested in the Government or not, the claimant is entitled to move an application before the Forest Tribunal. The expression "dispute" has to be read in the light of Rule 3 of the Kerala Private Forests (Tribunal) Rules (for short 'the Tribunal rules') and Rule 2A of the Kerala Private Forests (Vesting and assignment) Rules (for short' the assignment rules'), a combined reading of which would indicate that a notification is a pre-condition for vesting and dispute can arise only after the notification. Learned counsel also invited our attention to the preamble of the Act which states that the Act is provided for the vesting in the Government of private forests in the State of Kerala and for the assignment thereof. Learned counsel further invited our attention to S.17(1) of the Act which confers on the Government power to make Rules to carry out the purposes of the Act.

3. It is necessary to understand the scheme of the Act. The Act is to provide for vesting in the Government of private forests in the State. "Private forest" is defined in S.2(f) of the Act. "Appointed day" is defined in S.2(a) of the Act as meaning 10th May, 1971. S.3(1) is the provision which declares vesting of private forests in the Government. It says, inter alia, that notwithstanding anything contained in any other law for the time being in force, or in any contract or other document, but subject to the provisions-of sub-sections (2) and (3,), with effect on and from the appointed day, the ownership and possession of all private forests in the State of Kerala Shall by virtue of this Act. stand transferred to and vested in the Government free from all encumbrances, and the right, title and interest of the owner or any other person in any private forest shall stand extinguished. Sub-sections (2) and (3) of S.3 provide for certain exemptions, that is, lands which attract the provisions of sub-section (2) and (3) are exempted from vesting and shall not be treated as having vested in the Government under sub-section (1). Going by the above provision in S.3(1) read in the light of the definition of "appointed day" in S.2(a), what is clear is that on the appointed day, namely, 10th May 1971 all private forests, subject to exceptions contemplated in sub-sections (2) and (3), shall vest in the State.

4. The provision in S.3(1) is sought to be countered by learned counsel for the appellants who relies on S.6 of the Act as well as Rule 2A of the Assignment Rules. Subsection (1) of S.6 states, inter alia, that as soon as may be after the appointed day, the custodian shall cause the boundaries of the private forests vested in the Government under sub-section (1) of S.3 to be demarcated. Rule 2A referred to above deals with demarcation of boundaries. Demarcation of private forests in pursuance of S.6 shall be effected by erecting cairns along the boundaries. Sub-section (2) states that a notification specifying the details of the private forest, the boundaries of which have been demarcated such as