Shaffique, J.

State and its authorities are in appeal challenging order dated 31/8/2016 in OA No.6/2009 of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Tribunal, Kozhikode.

2. This is the third round of litigation and presently our concern is only with reference to two items of property which are described as plots D and E marked in Ext.C2(a) plan.

3. The short facts relating to the case are as under:-

A large extent of property belonging to one Sri.P.Narayanan Nair was notified as vested forest under the Kerala Private Forests (Vesting and Assignment) Act, 1971 (hereinafter referred to as the 1971 Act). Narayanan Nair sought for exemption and ultimately by a decision in MFA No.24/1980, the High Court directed restoration of 80 acres of land comprised in Sy.No.175 of Kavilumpara village. Pursuant to the said order, 80 acres in Re.Sy.Nos.276/1 and 276/2 were put in possession of Narayanan Nair. According to the applicant, Narayanan Nair started cultivation in the year 1981 itself. Narayanan Nair died and his rights devolved on his legal heirs including the applicant. On partition among the legal heirs, the scheduled property was allotted to the shar