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P. B. SURESH KUMAR, C. S. SUDHA
S. Raveendranath Pai S/o Sreenivasa Pai – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
P.B. SURESH KUMAR, J.
1. This appeal under Section 11 of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 (the Act), is directed against the judgment dated 31.12.2010 in Original Application No. 2 of 2008 on the files of the Tribunal for Ecologically Fragile Lands Cases, Kozhikode. The appellants were the applicants in the said original application.
2. 6.0720 Hectares of land situated in Re-Survey No. 8/1A1A2 of Peria Village, Mananthavadi Taluk, Wayanad District has been declared to be ecologically fragile land by the Government in terms of a notification issued under Section 4 of the Act. The case of the appellants is that the notified land is part of 30 acres owned by them and cultivated by them with cardamom, coffee, pepper etc. from the year 1970; that the said land does not fall within the definition of ‘forest’ in terms of the provisions of the Act and that the same cannot, therefore, be declared as an ecologically fragile land. The appellants, therefore, sought a declaration to that effect in the original application.
3. A written statement has been filed by the third respondent, the Divisional Forest Officer in the original applicat
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.
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....
'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.
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 ....
State having deprived owner of the possession of land and legal right to cultivate it cannot take advantage of its own wrong.
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....
The EFL Act requires a nature assessment of land as of the appointed date, not merely the intent to cultivate, to determine ecological status.
The classification of land as 'ecologically fragile' under the EFL Act is upheld when sufficient evidence supports the environmental status, and co-sharers have standing to appeal.
Property not 'forest' under EFL Act if principally planted teak; inadequate inspection requires remand.
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