ASHOK BHUSHAN, P.R.RAMACHANDRA MENON
PLANTERS FORUM – Appellant
Versus
STATE OF KERALA – Respondent
Ashok Bhushan, Ag. C.J.
The Principal Challenge in this bunch of Writ Petitions is to the constitutional validity of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 (hereinafter referred to as "the 2003 Act"). Apart from the above challenge, other reliefs have also been claimed in some of the Writ Petitions. The bunch also includes a few Writ Petitions filed as Public Interest Litigation supporting the 2003 Act and challenging the action of the respondents in excluding some of the estates as not being ecologically fragile land. The issues raised in this bunch of Writ Petitions are of public importance and relevant for human life and nature.
2. For appreciating the issues raised in these Writ Petitions and for answering the issues, it is necessary to note the facts of some of the Writ Petitions of this bunch. Most of the Writ Petitions raise similar question of facts and law and hence it shall be sufficient to note facts of some of the Writ Petitions which may suffice the decision in all the Writ Petitions. Writ Petition No.26691 of 2010 which has been argued in extenso is being treated as the leading Writ Petition. Apart from noticing the fa
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M.Karunanidhi v. Union of India [1979 (3) SCC 431]
K.T.Plantation v. State of Karnataka [(2011) 4 SCC 1]
Sri Ram Ram Narain v. state of Bombay (AIR 1959 SC 459)
Atma Ram v. State of Punjab (AIR 1959 SC 519)
Kavalappa Kochuny v. State of Madras & others (AIR 1960 SC 1080)
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Tamil Nadu v. Aroon Sugars Ltd. [(1997) 1 SCC 326]
Indian Aluminium Co. and others v. State of Kerala and others [(1996) 7 SCC 637]
S.S. Bola and others v. B.D. Sardana and others [(1997) 8 SCC 522]
Virender Singh Hooda and others v. State of Haryana and another [(2004) 12 SCC 588]
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Indian National Congress v. Institute of Social Welfare [(2002) 5 SCC 685]
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