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K. VINOD CHANDRAN, C. JAYACHANDRAN
Custodian Of Forests (Ecologically Fragile Lands) – Appellant
Versus
Advt. Jaice Jacob, S/o. V. Chacko – Respondent
JUDGMENT :
K.Vinod Chandran, J.
Both the State and the applicants challenge the identical order of the Tribunal. The State is in appeal from the order, to the extent it allows exemption to two extents of property and the applicants challenge the denial of exemption to three other extents. The separate categorization on the basis of extent was made by the Tribunal on the basis of Ext.B3 report, filed by the Forest Department.
2. Learned Special Government Pleader (Forest), Sri. Nagaraj Narayanan submits that the reliance placed by the Tribunal on Ext.B3 produced by the respondent is completely wrong. First of all, it was only a copy produced and the constitution of the committee is not evident as also the basis on which such a report was filed. It is pointed out that, but for the reliance placed on Ext.B3, the Tribunal had found that there were no grounds for exemption of the land from the Kerala Forests (Vesting and Management of Ecologically Fragile Lands) Act, 2003 (for brevity, the EFL Act). There was no commission taken out to establish the nature of cultivation as on the appointed day under the EFL Act. The Tribunal placed reliance on the declaration made in an application filed
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....
'Forest', which speaks of lands which are principally covered with naturally grown trees and undergrowth and includes any recognized, declared, protected or otherwise forest land.
State having deprived owner of the possession of land and legal right to cultivate it cannot take advantage of its own wrong.
The principal cultivation or existence of tea plantation, for the land to be excluded from the definition of EFL Act, has to be established as existing on 02.06.2000, the appointed day under the EFL ....
It is well settled that local inspection is not intended to substitute the enquiry envisaged in law.
The court clarified that a property exempted under the Vesting Act may still be classified as ecologically fragile under the EFL Act, emphasizing the need for evidence of cultivation as of the appoin....
As per definition of an ’ecologically fragile land’ vide Section 2(b), forest land should predominantly support vegetation, which again is natural vegetation.
Property not 'forest' under EFL Act if principally planted teak; inadequate inspection requires remand.
The court affirmed that the property in question does not qualify as 'Ecologically Fragile Land' or 'Forest' under the Kerala Forest Act, based on the evidence presented.
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