Back
K. VINOD CHANDRAN, C. JAYACHANDRAN
State of Kerala – Appellant
Versus
Veluswamy S/o Marutha Boyan – Respondent
JUDGMENT :
C. JAYACHANDRAN, J.
1. The State, as well as, the Custodian of the vested forest, Palakkad are the appellants in this Miscellaneous First Appeal. The order under challenge is the one passed by the Forest Tribunal, Kozhikode dated 17.12.2003 in O.A. No. 25 of 2001. The sole respondent herein preferred the Original Application under Section 8 of the Kerala Private Forest (Vesting and Assignments) Act, 1971 for a declaration that the property scheduled therein is not a private forest and not vested in the Government; and in the alternative, for exemption under Sections 3(2) and 3(3) of the Act. By the impugned order, the Tribunal found that the disputed property is a private forest, which vests with the Government. However, the Tribunal also found that the applicant is entitled to exemption under Section 3(2) of the Act.
2. Heard Sri. Nagaraj Narayanan, learned Special Government Pleader (Forest) and Sri. Mohanakannan, learned counsel for the respondent. Perused the records.
3. Learned Special Government Pleader submitted that the order under challenge is a non speaking one. No reason other than a bald statement that the father of PW-1 was cultivating the property - a self serv
Point of Law : The term ‘cultivation’ implies a systematic agricultural or farming activity, including tilling of the soil, sowing seeds of particular crop, nurturing the same by supplying water, fer....
Personal inspection is permitted by virtue of S.12(e) of Vesting Act.
Exemption from vesting under the Kerala Private Forests (Vesting and Assignment) Act does not change the classification of land as a private forest, and the Kerala Preservation of Trees Act has overr....
Under EFL Act, applicant has to prove that land is principally cultivated with long duration crops or is a plantation, or beneficial enjoyment for a building, which alone can exclude it from definiti....
Properties without evidence of cultivation prior to the enactment of the Madras Preservation of Private Forests Act, 1949, are covered under the Act. A partition deed alone cannot establish valid tit....
It is well settled that local inspection is not intended to substitute the enquiry envisaged in law.
Criteria for exemptions under the Vesting Act requires valid title, intention to cultivate, and adherence to ceiling area provisions.
The intention to cultivate must be proven as existing on the appointed day for exemption from vesting under the Vesting Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
