JUDGMENT :

A. HARIPRASAD, J.

1. This appeal, filed under Section 11 of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 (in short, "the EFL Act") by the Government of Kerala and the Custodian, Ecologically Fragile Lands and Chief Conservator of Forests, raises very important factual and legal questions relating to the application of the EFL Act to the property under dispute. And, an ancillary question, what is the legal effect, on this proceedings, of a finding rendered by a competent Tribunal under the Kerala Private Forests (Vesting and Assignment) Act, 1971 (in short, “the Vesting Act”), that the property under dispute is not a private forest, also arises.

2. Facts, in nut shell, are thus: Respondents preferred an application under Section 10(1) of the EFL Act before the Tribunal constituted under Section 9 of the said Act. Averments therein would show that the scheduled property ad-measuring 77.50 acres (31.37 hectares) comprised in survey No.149 Part of Koodaranhi Village in Kozhikode Taluk originally belonged to Arikupurath Thomas, father