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K. VINOD CHANDRAN, C. JAYACHANDRAN
Sunny Samuel, S/o P. C. Samuel – Appellant
Versus
Government Of Kerala – Respondent
JUDGMENT :
Jayachandran, J.
1. Three original applications, O.A Nos. 24, 25 and 26 of 2010, were filed under Section 10 of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act 2003 ['EFL Act', for short] before the Special Tribunal, Palakkad. All the O.As were dismissed by impugned common order dated 30.03.2015. M.F.A.56/2015 is carried from the dismissal of O.A.No.24/2010, M.F.A 55/2015 from O.A.25/2010 and M.F.A 54/2015 from O.A.26/2010. The aggrieved applicants are the appellants.
2. Facts
Except for the pleadings tracing the title, the pleadings in all the three O.As are similar. We will first deal with the particular facts tracing the title in each O.A, hereunder:
O.A.No.24/2010
The scheduled property having an extent of 8 acres, which remains unsurveyed of Akambadam Village, Nilambur was part of the large extent of land which belonged to Poyyapurath Padmini Kettilamma of Kottayam Kovilakam, as jenmi. One Kunhali Haji and another took the land on oral lease long before 1963 and cultivated the same. The land, even at that time, stood cleared, devoid of any trees, bushes and undergrowth. One Mariam and Mary took the land on lease from the said Kunhali and anoth
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....
State having deprived owner of the possession of land and legal right to cultivate it cannot take advantage of its own wrong.
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 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 ....
'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.
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....
Property not 'forest' under EFL Act if principally planted teak; inadequate inspection requires remand.
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