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