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2016 Supreme(Ker) 1335

K.HARILAL, A.M.BABU
K. Narayanabhat, S/O. Keshava Bhat – Appellant
Versus
State of Kerala, Represented by the Chief Secretary, Government of Kerala – Respondent


Advocates Appeared:
For the Appellant : Sri. Jacob E Simon, Sri. K.M. Firoz
For the Respondent: Sri. Nagaraj Narayanan.

JUDGMENT :

K. HARILAL, J.

1. This appeal is directed against the judgment passed by the Tribunal for Ecological Fragile Land cases (I Additional District Judge, Kozhikode) in O.A.No.16/2014. The appellant is the applicant who filed an application under Sec.10(1) of the Kerala Forest (vesting and management of ecologically fragile lands) Act, 2003 (hereinafter referred to as 'the Act 2003') and Rule 3 of the Kerala Forest (vesting and management of ecologically fragile lands) Tribunal Rules 2007 (hereinafter referred to as 'the Rules 2007') seeking a declaration that application schedule properties are not ecologically fragile lands vested in Government and also to set aside the impugned notification No.EFL.10-40/2003 dated 26.5.2015. According to the applicant, the application schedule properties belong to him by virtue of the registered assignment deed Nos. 1184/1991 and 1185/1991 of SRO, Badiadka. The applicant had planted coconut trees, areca nut trees, mango trees, jack trees etc in the properties much before the commencement of the Act, 2003. The applicant had been enjoying the application schedule properties ever since the purchase. While the properties were in enjoyment of the










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