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2016 Supreme(Online)(KER) 831
HIGH COURT OF KERALA
P. B. Suresh Kumar, J
SURENDRAN P – Appellant
Versus
STATE OF KERALA – Respondent
WRIT PETITION (CIVIL) 16813/2016
The court affirmed the significance of adhering to procedural recommendations for land de-notification under environmental legislation.
Headnote:
Forest - Management of Ecologically Fragile Lands - Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act - Summary: The court analyzed recommendations by various committees for excluding a property from a notification under the Kerala Act and directed expedited de-notification, emphasizing procedural compliance and prompt action.
Fact of the Case:
The petitioner sought de-notification of their property from the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, as recommended by relevant committees. Formalities were pending due to the lack of a survey.
Finding of the Court:
The court noted the completion of the survey and the government's commitment to expedite the de-notification process, thus addressing the petitioner's request.
Issues: Whether the petitioner is entitled to expedited de-notification of the property under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act.
Ratio Decidendi: The court emphasized the need for timely compliance with procedural recommendations from committees pertaining to land de-notification.
Final Decision: The court directed expeditious de-notification of the petitioner's property within one month.
JUDGMENT
As per Ext.P7 report, the Committee constituted under Rule 18 of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Rules, 2007, recommended to exclude a property measuring two acres belonging to the petitioner from the notification issued under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act . Later, as per Ext.P8, the Ecologically Fragile Lands Claims Disputes Redressal Committee also recommended to exempt the said property of the petitioner from the purview of the notification under the said Act. Nevertheless, the formalities for de-notification were not completed for the reason that the W.P.(C) No. 16813 of 2016 -2-
property has not been surveyed. The petitioner has, therefore, approached this Court to expedite the de-notification process.
2. When the matter was taken up for hearing today, the learned Government Pleader, on instructions, submitted that the survey of the property is over and the property will be de-notified expeditiously.
In the circumstances, the writ petition is disposed of directing the second respondent to de-notify the property of the petitioner as referred to in the writ petition, within one month from today. The petitioner shall also be issued No Objection Certificate on usual terms.
