Point of Law: 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.

JUDGMENT :

The subject issue raised in the writ petition arises under the Land Assignment (Regularization of Occupations of Forest Lands prior to 1-1-1977) Special Rules, 1993 (‘Special Rules, 1993’ for short), the Kerala Preservation of Trees Act, 1986 (‘Act, 1986’ for short) and other Forest Laws, which would be deliberated hereafter.

2. The material facts for the disposal of the writ petition are summarised as follows:

The petitioner is the absolute owner in possession and enjoyment of 1 Hectare 41 Ares and 65 Sq. meters of land comprised in Re-Sy. Block 3, Field No. 386 of Vannappuram Village, Idukki District. He is represented by his power of attorney. According to the petitioner, his father was assigned with the said land as per Exhibit P2 patta No. 867/2001 issued by the Special Tahsildar, Land Assignment, Karimannoor, for the purpose of cultivation of rubber trees. Petitioner's father settled the property in his favour as per Exhibit P3 settlement deed No.956/2014 of the office of the Sub Registrar, Karikkode along with trees standing in the property. According to the petitioner, the rubber trees have become dead from tapping and the same has to be re-planted. It is submitted that there are a few trees grown subsequent to the assignment of the land by the Government and the rubber trees can be re-planted only if other trees are cut and removed along with the rubber trees.

3. It is also submitted that the Divisional Forest Officer, Kothamangalam Division, Ernakulam District and the Forest Range Officer, Thodupuzha Range, Idukki District, respondent Nos 1 and 2 are obstructing the cut and removal of other trees standing in the property; and even though petitioner has submitted Exhibits P5 and P6 representations before the Village Officer, Vannappuram Village and the Divisional Forest Officer, Kothamangalam Division, respondent Nos. 3 and 1 respectively, no action is initiated for granting permission to the petitioner to cut and remove the said trees.

4. Therefore, the petitioner seeks a declaration that he is entitled to cut and remove the trees standing in his property; and for a consequential direction to respondents 1 and 2 to grant permission to the petitioner for cutting and removing the trees along with the rubber trees standing in the petitioner’s property.

5. The Divisional Forest Officer has filed a counter affidavit refuting the claims raised by the petitioner, and it is submitted that in Exhibit P2 patta itself, the trees standing in the property at the time of issuing patta is clearly mentioned and as per the first condition, the full right over all the forest trees within the grant and specified in the schedule vests in the Forest Department; and the assignee is bound to take care of all such trees standing on the land at the time of assignment or that may come into existence subsequent to it. Therefore, according to the Divisional Forest Officer, the petitioner does not have any right over the trees which are specifically mentioned in the patta, and they belong to the Kerala Forest Department.

6. It is further stated that the land is assigned under the provisions of the Special Rules, 1993 and the expression ‘land’ is defined under Rule 2(f) of Special Rules, 1993 to mean the Forest land subjected to joint verification as defined in sub-clause (e) and Cardamom Hill Reserve land which are converted for non-cardamom cultivation prior to 1-1-1977 in Idukki District which have been transferred from Forest Department to Revenue Department, and covered in the Resurvey Records; and list of lands recommended to Government of India for concurrence under Section 2 of the Forest (Conservation) Act, 1980 (Central Act 69 of 1980), but does not include lands in wildlife Sanctuaries.

7. It is further submitted that joint verification referred to in the said Rules mean verification of forest lands conducted by the Revenue authority to establish eligibility for regularization of occupation of the said lands prior to 01.01.1977. It