JUDGMENT :

(A. Muhamed Mustaque, J.)

1. In this appeal, we are called upon to decide an issue regarding the procedure to be followed for cutting and transporting the timbers of the specified trees from non-notified area as referable under the Kerala Promotion of Tree Growth in Non-forest Areas Act, 2005 (For short “Act”). The Forest Department has come up with this appeal aggrieved by the judgment of the learned Single Judge setting aside the decision of the Authorised Officer-Forest Range Officer rejecting a declaration submitted by the owner of the land to transport the timber referable under Section 6(5) of the Act r/w Rule 3(1) of the Kerala Promotion of Tree Growth in Non-forest Areas Rules, 2011 (For short the Rules). To understand the issue, it is necessary to advert to the legislative scheme of the Act. The Act was brought in the year 2005. As seen from the preamble, the Act was brought in to promote cultivation of trees in non-forest areas of the State, in order to increase green cover, preserve bio-diversity and arrest soil erosion and to increase availability of timber and bamboo for industry. While balancing the ecological concern and genuine human wants, the legislature