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1980 Supreme(Ker) 196

M.P.MENON, V.BALAKRISHNA ERADI, T.CHANDRASEKHARA MENON
STATE OF KERALA – Appellant
Versus
MALAYALAM PLANTATIONS LTD – Respondent


Judgment :-

ChandraseKhara Menon, J.—These appeals have come before us on three separate orders of references by a Division Bench of this Court passed on the same date—30-10-1979. Reference Order in M.FA. Nos. 209, 211, 212, 233 and 234 of 1979 reads as follows:

"In these appeals by the State one of the main questions we are called upon to decide is that covered by the decision of a Full Bench of this Court in State of Kerala v-Mis. Amalgamated Malabar Estates (P) Ltd, ILR. 1979(2) Ker. 525: 1979 KLT. 829. Whether eucalyptus plantation falls outside the purview of the term 'private forest' as defined in the Kerala Private Forests (Vesting and assignment) Act 26 of 1971 is the question that so arises. Relying on the Full Bench decision the learned Additional Advocate General con; tends for the position that the orders of the Forest Tribunal have to be reversed. But counsel Sri P. K. Kurien appearing for the respondents in these cases canvasses the correctness of the decision of the Full Bench. Elaborate arguments have began addressed by counsel before us on the scope of the term "lands which are principally cultivated with any other agricultural crop" appearing in S.2 (f) (1) (i) (c)






































































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