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K. VINOD CHANDRAN, C. JAYACHANDRAN
Green Acres Amusement Pvt. Ltd. – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
K.Vinod Chandran, J.
The applicant, a Private Limited Company, is the appellant herein who is aggrieved with the rejection of an application filed under S.8 of the Kerala Private Forest (Vesting and Assignment) Act, 1979 (for brevity 'the Vesting Act'). The applicant claimed that the scheduled properties having an extent of 164.540 hectares was purchased by the applicant from one M.A Jan & children. The predecessors-in-interest acquired right over a larger extent measuring 1004.24 acres of land purchased from one Madhura Plantations. The devolution of the said land to M.A Jan, his wife & children is proved by Exts.A1 to A3. Exts.A4 to A6 are the sale deeds executed by M.A Jan & others to the applicant. Previously, the State had notified an extent of 523 acres out of the total extent of lands existing in Sy.Nos.88/A1, 88/2 88/1E1, 88/1,2,88/1C1, 88/1C2 and 88/D of Thavinjal Amsam. M.A Jan filed O.A No.364/1976 before the Forest Tribunal under S.8 of the Vesting Act. The Tribunal by order dt 20.06.1978 allowed the OA in part finding certain extents to be exempted as plantation of either cardamom or coffee and a further extent around the perennial stream, from which water was
It is well settled that local inspection is not intended to substitute the enquiry envisaged in law.
Personal inspection is permitted by virtue of S.12(e) of Vesting Act.
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 court determined that the Original Application under the Vesting Act was time-barred and confirmed the publication of notifications, reinforcing adherence to statutory limitations and the signifi....
The court established that compliance with notification publication requirements is vital for determining the statute of limitations in actions under the Vesting Act, impacting the validity of proper....
'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 ....
The intention to cultivate must be proven as existing on the appointed day for exemption from vesting under the Vesting Act.
The identity of property under the Vesting Act is conclusive and does not depend on notification; remand for further evidence under specific sections is necessary.
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