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A. MUHAMED MUSTAQUE, S. MANU
ABDUL KASSIM S/O KUNHARAMU – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
S. MANU, J.
1. Judgment dated 12.4.2019 in W.P.(C)No. 22062/2007 of the learned Single Judge is under challenge in this appeal. By the impugned judgment the learned Single Judge dismissed the writ petition rejecting the contentions of the petitioners.
2. Case of the appellants, in short, is as follows:
“Also certified that the above area restoring possession is notified under Section 5 of KPT Act, 1
Exemption from vesting under the Kerala Private Forests (Vesting and Assignment) Act does not change the classification of land as a private forest, and the Kerala Preservation of Trees Act has overr....
Point of Law : The term ‘cultivation’ implies a systematic agricultural or farming activity, including tilling of the soil, sowing seeds of particular crop, nurturing the same by supplying water, fer....
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....
It is well settled that local inspection is not intended to substitute the enquiry envisaged in law.
Property not 'forest' under EFL Act if principally planted teak; inadequate inspection requires remand.
Criteria for exemptions under the Vesting Act requires valid title, intention to cultivate, and adherence to ceiling area provisions.
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