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1987 Supreme(Ker) 354

BALAKRISHNAN, JOHN MATHEW
STATE OF KERALA – Appellant
Versus
AHAMADKUTTY HAJI – Respondent


Judgment :-

1. This review petition was filed on 5-1-1984 by the State of Kerala and the Conservator of Forests and Custodian of Vested Forests, Government of Kerala, who were the respondents in MFA No. 149 of 1980, under 0.47 Rule I of the Code of Civil Procedure read with S.8C(2) of the Kerala Private Forests (Vesting and Assignment) Ordinance No. 39 of 1983. A Division Bench of this Court disposed of MFA 149 of 1980 by judgment dated 4-3-1982. Subsequently the above said Ordinance was promulgated by the Governor of Kerala amending the Kerala Private Forests (Vesting and Assignment) Act, 1971. By that Ordinance new S.5B, 8C and 8D were inserted after S.8A of the Vesting Act. Since a Bill to replace the said Ordinance by an Act of the legislature could not be introduced and passed by the Legislative Assembly of Kerala, fresh ordinances were being promulgated from time to time. Finally the Kerala Private Forests (Vesting and Assignment) Amendment Act, 1986 (hereinafter referred to as the Amendment Act) was passed. Under S.1(2) of that Act the said Amendment Act shall be deemed to have come into force on the 19th of November, 1983, when Ordinance No. 39 of 1983 was published in the

























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