The Special Rules 1993 provided a one-time measure for assignment of forest lands occupied prior to 1/1/1977, and required the land to be included in the list of assignable lands. Occupants had to raise objections if their land was not included in the list, and successor-in-interest cannot claim assignment after a long lapse of time.

JUDGMENT :

A.Muhamed Mustaque, J.

The writ petitioner, a resident of Ernakulam District applied for assignment of land invoking provisions of the Kerala Land Assignment (Regularisation of Occupation of Forest Lands Prior to 1-1-1977) Special Rules, 1993 (hereinafter referred to as the ‘Special Rules 1993’). The application was submitted for assignment of 4 acres of land in Survey No.384, 400/1 of Block No.36 in Vathikudy Village of Idukki District. According to the petitioner, his predecessor-in-interest was in occupation of the land prior to 1/1/1977. The petitioner applied for assignment of land on 8/12/2017.

2. Admittedly, the land is situated in Cardamom Hill Reserve in Udumbanchola Taluk. There is no dispute to the fact that Special Rules 1993 would apply for assignment of land situated in Cardamom Hill Reserve.

3. According to the petitioner, this land was part of Survey No.1/1 of Konnathady Village of Udumbanchola Taluk. The petitioner submitted that the predecessor-in-interest Shri Monikutty Mathew made an application for leasing the land for cardamom cultivation. It is further submitted that occupation of land by predecessor-in-interest was acknowledged by the revenue authorities as evident from Exts.P1(a), P2 and P3. The petitioner, placing reliance on Ext.P3(a), a report of the Special Deputy Tahsildar, Devikulam, to the Assistant Settlement Officer, Kumali, submitted that the entire area was converted much prior to 1977 and, therefore, there is no embargo in assigning the land under the Special Rules 1993. The petitioner’s application for assignment was considered by the Special Tahsildar. The Special Tahsildar, by Ext.P17 found that the land is not included in the list prepared under the Special Rules 1993 and absolutely no records were produced to show that this land is included in the fair land register as an assignable land. It is further observed that if such assignment is given, it will adversely affect the Cardamom Hill Reserve.

4. Now we shall advert to the Special Rules 1993. In exercise of the powers conferred on the Government of Kerala under Section 7 of the Land Assignment Act, 1960, Government of Kerala made Rules for assignment, settlement and regularization of forest lands under occupation prior to first January 1977. The validity of these rules was questioned before this Court and the Apex Court. The Apex Court negatived the challenge by upholding the legality of the rules. {See Nature Lovers Movement vs State Of Kerala & Ors [2009 (5) SCC 373]}.

5. Land is defined under Rule 2(f) of the Special Rules, 1993 as follows:

"Land" means 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 wild life Sanctuaries.

6. Rule 5 of the Special Rules 1993 states that the land sought for assignment under the Rules should have been in occupation of the assignee or predecessor-in-interest prior to 1/1/1977. Rule 6 of the Special Rules 1993 mandates preparation of a list of assignable lands. It is appropriate to reproduce Rule 6 which reads thus:

List of assignable lands and applications.-

(1) The joint verification reports or the records of resurvey of the land conducted under the Kerala Survey and Boundaries Act, 1961 (Act 37 of 1961) containing the details of lands found eligible for assignment under these Rules shall be published in the concerned Village Offices and Taluk Offices inviting applications for assignment within the period specified therein.

(2) Application for assignment shall be made in Form No.2 before the Tahsildar within seven days of the publication of the list.

(3) Each application sh