Ownership of trees grown post-land assignment remains with the assignee unless explicitly stated otherwise in the statutory provisions of the relevant land assignment framework.

JUDGMENT :

A. Muhamed Mustaque, J.

1. The question that arises for consideration in this appeal pertains to the claim made by the Government over teak, blackwood, ebony, and sandalwood trees that came into existence on land assigned under the Kerala Land Assignment Act, 1960 (hereinafter referred to as the ‘Land Assignment Act’) and the Kerala Land Assignment Rules, 1964 (hereinafter referred to as the ‘Land Assignment Rules’). The trees in question grew subsequent to the assignment of the land. The issue is simple and straightforward: whether, in light of the provisions of the Land Assignment Act and Rules, and the conditions forming part of the patta, the ownership of such trees vests with the Government or with the assignee.

2. The learned Single Judge in this matter was of the view that the conditions in the patta would apply only to trees covered under the provisions of the Kerala Promotion of Tree Growth in Non-forest Areas Act, 2005.

3. In this appeal, the State questions the judgment of the learned Single Judge. The learned Special Government Pleader, Shri T.P. Sajan, submitted that in light of the patta conditions and Section 8 of the Land Assignment Act read with Rule 8 of the Land Assignment Rules, the trees that came into existence subsequent to the assignment belong to the State, in view of the reservation made by the Government while issuing patta over the land as above.

4. First, we shall look at the relevant conditions imposed in the patta, which was issued in accordance with the form prescribed in Appendix II of the Land Assignment Rules:

“1. The full right over all the trees within the grant and specified in the Schedule vests in the Government and the assignee is bound to take care of all such trees standing on the land at the time of assignment or that may come into existence subsequent to it.

2. The assignee is bound to afford all facilities to the officers of Government in the matter of inspecting the land periodically for checking the trees referred to in condition (1) above and removing them, if necessary:

Provided that the military personnel may lease the land assigned to them to others whilst they are away on active service.

15. The existing and customary rights of Government and the public in roads and paths and rivers streams and channels, running through or bounding the land, and the right of Government to a share in mines and quarries adjacent to the said land are reserved and are in no way affected by the grant.”

5. There is no dispute regarding the absolute right of the Government over those trees that were specifically reserved at the time of grant of the patta and included in its schedule. However, there is no express stipulation either in the patta or in its schedule that trees, whether planted or naturally grown on the land subsequent to the assignment, would vest in the Government. The contention advanced by the learned Special Government Pleader proceeds on the assumption that such subsequently grown trees vest with the Government by virtue of the condition in the patta requiring the assignee to take care of all trees standing on the land at the time of assignment or those that may come into existence thereafter. According to the learned Special Government Pleader, it is precisely because the ownership of such trees continues to vest with the Government that the said stipulation was incorporated as a condition in the patta.

6. To understand this issue, we will have to refer to the Land Assignment Act and the Land Assignment Rules made thereunder. Section 3 of the Land Assignment Act confers the power on the Government to assign Government land absolutely or subject to certain restrictions, limitations and conditions. Section 8 of the Kerala L