Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, P.KRISHNA KUMAR
State Of Kerala – Appellant
Versus
C.Cochammini Amma( Died), W/O.Late A.Krishnankutty Nair – Respondent
| Table of Content |
|---|
| 1. challenge to tribunal's order on property exclusion. (Para 1 , 2 , 3) |
| 2. main issues for determination in the appeal. (Para 4 , 5) |
| 3. insufficient evidence for claimed cultivation intentions. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. final approach and decree for property exclusion. (Para 14) |
| 5. final outcome of the appeal. (Para 15) |
JUDGMENT :
Sathish Ninan, J.
The order of the Tribunal, declaring the application schedule property to be excluded from vesting under the Government under the Kerala Private Forests (Vesting and Assignment) Act , 1971 (hereinafter referred to as 'the Vesting Act'), is under challenge in this appeal by the State.
2. The application schedule property has an extent of 22.14 acres. The property belonged to one late Krishnankutty Nair, on 'Verumpattom' right under Ext.A1 Lease Deed of the year 1945. The 1st applicant is the widow and the 2nd petitioner and the 3rd respondent are his children. Alleging obstruction by the forest officials in the enjoyment of the property claiming it be vested forest, the original application was filed. The applicants claimed that the property is exempted from vesting under Sections 3 (2) and 3 (3) of the Vesting
The intention to cultivate must be proven as existing on the appointed day for exemption from vesting under the Vesting Act.
The court upheld the Tribunal's findings that properties were exempted from vesting under Section 3(2) of the Vesting Act due to cultivation.
Criteria for exemptions under the Vesting Act requires valid title, intention to cultivate, and adherence to ceiling area provisions.
The identity of property under the Vesting Act is conclusive and does not depend on notification; remand for further evidence under specific sections is necessary.
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....
Claimants must prove property identity and contiguity to be excluded from the Vesting Act; mere assertions without evidence fail to establish a claim.
The court established that compliance with notification publication requirements is vital for determining the statute of limitations in actions under the Vesting Act, impacting the validity of proper....
The court determined that the Original Application under the Vesting Act was time-barred and confirmed the publication of notifications, reinforcing adherence to statutory limitations and the signifi....
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....
Property not 'forest' under EFL Act if principally planted teak; inadequate inspection requires remand.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
