SATHISH NINAN, J.

1. Assailing the judgment of the District Court, Ernakulam declaring that the proposed notified lands are not liable to be declared as reserve forest, the State is in appeal.

2. The proceedings have a chequered history of more than a century. Three notifications were issued under the Travancore Forest Act (Act II) of 1068 (for short, “the 1068 Act”) proposing to declare the notified areas, which lie contiguous, as reserve forest. The notifications related to the proposed Alapra, Valiyakavu and Karikattoor reserves. The relevant dates of the notifications under the 1068 Act are as follows:

“A.Alapra	Section 4 - 08.12.1908 Section 6 - 18.02.1908
B.Valiyakavu	Section 4 - 2.01.1906 Section 6- 25.11.1959
C.Karkkattoor	Section 6 - 20.07.1904 Section 18 - 24.05.1917”

It is to be noticed that questions regarding the proposed Karikattoor reserve does not survive for consideration since the same attained finality long back. The same shall be adverted to in the course of the judgment. Suffice to say that in this appeal we are concerned only with the proposed Alapra and Valiyakavu reserves.

3. Pursuant to the notifications, claims were raised challenging the right of the Government to notify the said areas as reserved forest. The challenge was on the ground that the land does not fall within the category of lands specified under the Forest Act, which alone are liable to be notified as reserved forest. Originally the claims were rejected by the Forest Settlement Officer as barred by limitation. In appeal A.S. No.333 of 1955, the District Court, Kottayam, held that the claims are not barred by limitation and set aside the order of the Forest Settlement Officer. The matter was remanded to the Forest Settlement Officer directing consideration of the claims on merits. The said order was affirmed by this Court in the judgment in C.M.A. Nos.118 to 122 of 1957.

4. Pursuant to the order of remand, the claims were considered and dismissed by the Forest Settlement Officer on merits. The claimants went in appeal before the District Court in A.S. Nos.159 of 1976 and 179 of 1976. The learned District Judge allowed the appeals and declared that the lands are not liable to be notified as reserve forest. The State preferred appeal before this Court as M.S.A. No.1 of 1981. This Court as per judgment dated 18.03.1991, allowed the appeal and set aside the order of the Forest Settlement Officer, thereby rejecting the claims. The matter was taken up before the Apex Court in Civil Appeal No.2659 of 1997. The Apex Court as per order dated 25.11.2003 set aside the judgment and remanded the matter to this Court, for consideration afresh. The Apex Court held thus:

“Yet another submission made before us is that the scope of powers under Section 12A of the Kerala Forest Act is not so wide so as to hold de novo inquiry into the whole matter as has been done by the High Court. In that connection, our attention has been drawn to paragraph 16 of the judgment wherein it has been observed that it required a de novo inquiry into the findings. The submission is that the scope of inquiry is limited and is confined to the question of law. In that connection some decisions have also been referred to that the jurisdiction u/s 12A of the Act is akin to Section 100 C.P.C. We feel that since the matter is fit to be remanded for fresh decision this question as raised may also be better canvassed before the High Court for its consideration.

In view of the discussion held above, we allow the appeals and set aside the order passed by the High Court and remand the case to the High Court for consideration afresh and for fresh order in accordance with the law. The High Court shall, however, not be influenced by any observations made by us in this judgment and shall be free to arrive at its own