S. Siri Jagan, J.

This appeal is filed by the State of Kerala as the 1st appellant and the Custodian (Ecologically Fragile Lands) and Principal Chief Conservator of Forests (E&TW), State of Kerala, Thiruvananthapuram, as the second appellant, challenging the order of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Tribunal, Palakkad, (hereinafter referred to as the 'EFL Tribunal') in OA No. 32/2008, whereby the Tribunal declared that the land belonging to the respondent herein, which was declared as ecologically fragile lands under Section 3(1) of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003, (hereinafter referred to as the 'EFL Act') is not an ecologically fragile land and therefore is not vested in the Government under the said Act. The facts leading to the appeal are as summarised under :-

The land involved in this appeal was originally declared by the Custodian of Private Forests by notification in the Gazette, as a private forest vested in the Government under the Kerala Private Forest (Vesting and Assignment) Act 1971 (hereinafter referred to as "the Vesting Act"). The respondent challenged the said notif