JUDGMENT :

K. Vinod Chandran, J.

1. The appeal is preferred by the State against the order of the Forest Tribunal, Kozhikode. The application before the Tribunal was one filed under Section 10(1) of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 (hereinafter 'EFL Act'). One Kunhabdulla filed O.A 144/1975 to exempt 22.50 acres of land from the purview of Kerala Private Forest (Vesting and Assignment) Act, 1971 (hereinafter the Vesting Act of 1971). Ten acres out of the total was not treated as vested, even by the department. The Forest Tribunal declared 12.5 acres to be exempted which was confirmed by this Court by order dated 05.11.1984. The representations to restore the land having fell on deaf ears, Kunhabdulla filed O.P No.3704/1992 before this Court, pending which he died. His wife and son were impleaded and the forest department took the stand that they are ready to restore 7.5 acres of land; the balance 5 acres having been excluded, being in excess of the ceiling limit under the Kerala Land Reforms Act. Based on this the OP was allowed on 07.06.1994, directing restoration to be done within two months. The restoration in effect was made onl