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BECHU KURIAN THOMAS
RAJAN S/O RAMANKUTTY – Appellant
Versus
STATE OF KERALA – Respondent
ORDER :
1. Petitioner challenges the criminal proceedings initiated by the Forest Range Officer, Kumily, as OR No. 29/2013, alleging offences punishable under the Kerala (Prohibition of Felling of Trees Standing on Land Temporarily or Permanently Assigned) Rules, 1995 (hereinafter referred to as ‘Rules 1995’).
2. Petitioner claims to be in possession of 0.2934 hectares of land in Survey No. 222 of Kumily Village in Peermade Taluk, Idukki District, which is alleged to have been obtained by him as per a settlement deed No. 3700[1]/2011 of Sub Registry Office, Peermade. Petitioner claims to have obtained permission from the Tahsildar, Peermade, on 21.05.2013 to cut and remove two Rosewood trees from the property situated in Survey No. 222 of Kumily Village in Peermade Taluk. Based upon the permission so granted, petitioner cut the Rosewood trees standing on his land, and while the same was being transported, the 2nd respondent intercepted them and initiated criminal proceedings on 11.07.2013.
3. Petitioner contends that no offence as alleged under the Rules 1995 arises, since the trees standing on his absolute property, allegedly assigned to his predecessors, had never been reserved. It
The main legal point established is that the petitioner's rights under the title deed were modified by the Kerala Grants and Leases (Modification of Rights) Act, 1980, and the petitioner is liable to....
Penal consequences under the Act are strictly contingent upon the subject matter being a 'specified tree.' The failure to establish this foundational jurisdictional fact renders the prosecution for t....
Permission is required for cutting any tree in designated areas; definitions of 'tree' are context-dependent within relevant preservation laws.
Government has no rights over trees planted on assigned land by the petitioner under the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005.
The main legal point established in the judgment is that landowners have the right to cut and transport trees from their private land in accordance with the state legislations, especially in the abse....
Article 48A in part IV of Constitution of India dealing with a duty is cast upon State for 'protection and improvement of environment and safeguarding of forests and wildlife', of country.
Felling permission for trees not listed in Schedule of West Bengal Trees Act, 2006, such as Eucalyptus and Akashmoni, is valid without mandatory prior approval, as confirmed by exemption notification....
Eucalyptus and Akashmoni trees, not listed in Schedule of West Bengal Trees Act, 2006, do not require mandatory felling permission; exemptions upheld to promote plantations. Felling permit valid desp....
Conditions for tree felling permissions can include time limits; a right to cut trees does not extend indefinitely past permission expiry.
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