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2021 Supreme(Ker) 620

S.MANIKUMAR, SHAJI P.CHALY
Principal Chief Conservator of Forests, Kerala, the Custodian (Ecologically Fragile Lands), Custodian Office, Forest Head Quarters, Vazhuthakkad – Appellant
Versus
E. Moideen Koya, S/o. E. Beerankutty – Respondent


Advocates Appeared:
For the Appellants : Special Government Pleader For Forests Mr. Sandesh Raja.
For the Respondent: Mr. K.M. Firoz, Mrs. M. Shajna.

JUDGMENT :

S. Manikumar, J.

Instant writ appeals are filed by the respondents against the common judgment in W.P. (C) No. 17930 of 2015 and connected cases dated 20.03.2020, by which, a learned Single Judge of this Court held as under:-

    “11. Having considered the contentions advanced, I notice that Section 10A is a new right granted to small holders to raise a dispute that the property covered by any notification is not Ecologically Fragile Land. The intention of introduction of provision is apparently to give small holders of properties a speedier remedy than the one available under Section 10. The said remedy is available to small holders as on the appointed day, that is, 20.6.2000. In the instant cases, the petitioners are subsequent purchasers of property. However, in many of the cases, the purchases are from owners of land, who themselves were small owners as on the appointed day. If that be so, the contention of the respondents to the effect that the petitioners themselves have to be in possession of the property on the appointed day to avail the benefit under Section 10A

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