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 was mindful of the requirement of timber in the market to promote the business and industry. Thus classification has been made in regard to the non-forest land vis-a-vis notified non-forest land and non-notified forest land. The object of the legislation is discernible from Section 6(3) of the Act in regard to notifying non-forest land. The provision reads thus:

“The Government may, with a view to preserving tree growth in the interest of protecting the ecology or in public interest by notification in the Gazette direct that no tree standing in any area of non-forest land specified in the notification shall be cut, uprooted, burnt or otherwise destroyed except on the ground that the tree constitutes a danger to life or property or is wind fallen:”

2. The very idea of notification of nonforest land for the purpose of the above Act is to preserve the biodiversity and ecological balance. By virtue of the above power, the Government also notified certain area in the State as an ecologically sensitive non-forest land. That means, these areas which have been notified alone, restriction would apply. All other places have to be treated as a non-notified non-forest land for the purpose of the Act. Section 6(5) of the Act laid down procedure for cutting and transporting the timber of the nature “specified trees”, which reads thus:

“Where a specified tree is to be cut or any timber of a specified tree is to be transported from any non-forest land to any other place, the owner of such tree shall, before cutting the tree or transporting the timber, as the case may be, file before the Authorised Officer having jurisdiction over the area, a declaration containing details such as the survey number of the land from which the tree is to be cut, number of trees, species of trees, quantity of timber and the place to which such timber is being transported, either directly or send it by registered post with acknowledgment due.”

3. The “specified trees” also has been defined under Section 2(e) of the Act, which reads thus:

"specified tree" means "Sandal wood (Santalum album)", "Teak (Tectona grandis), Rosewood (Dalbergia latifolia, Irul (Xylia xylocarpa), Thempavu (Terminalia tomantosa, Kampakam (Hopea Parviflora), Chadachi (Grewia tiliaefolia), Chandana vempu (Cedrela toona), Vellakil (Dysoxylum malabaricum) or Ebony (Diospyrus sp.);"

4. That means, for cutting and transporting specified trees, the procedure referred to under Section 6(5) of the Act and the applicable Rules will have to be followed. Rule 3 of the Rules stipulates that a declaration will have to be filed in accordance with Section 6(5) of the Act for cutting and transportation of the specified trees from non-forest land to any other place. It is appropriate to reproduce Rule 3 of the Rules.

“Declaration t