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SHAJI P. CHALY
Joshy Jacob Kaippanplakal, S/o. Jacob – Appellant
Versus
Divisional Forest Officer – Respondent
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
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.
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 court established that under the Land Assignment Act, all trees on assigned land vest in the Government, regardless of when they were planted.
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....
The State retains absolute ownership of trees on assigned land, and cutting without permission constitutes an offense under the relevant rules.
Permission is required for cutting any tree in designated areas; definitions of 'tree' are context-dependent within relevant preservation laws.
If a smallholder requires to cut a tree from a notified area, they need to obtain permission from Authorized Officer, and if he wants to transport it, he must obtain a transportation permit as stipul....
Point of Law : In absence of due authentication and promulgation of the guidelines, the contents thereof cannot be treated as an order of the Government and would really represent an expression of op....
The rights to trees planted by the assignee on assigned land vest with the assignee, not the government.
The absence of statutory provisions prohibits government claims over trees planted post-property assignment.
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