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2024 Supreme(Online)(KER) 31927

HIGH COURT OF KERALA
URUNIYAN HUSSAIN – Appellant
Versus
THE CUSTODIAN OF ECOLOGICALLY FRAGILE LAND – Respondent


JUDGMENT

The petitioners purchased an extent of 6.47 Hectares of landed property as per Exts.P7 and P8. In fact the said property was notified earlier under the Kerala Private Forests (Vesting and Assignment) Act, 1971 (for short ‘Vesting Act’). The predecessor in interest of the petitioner filed O.A. No.124 of 1977 before the Kerala Forest Tribunal, Manjeri challenging the notification. Initially as per the judgment of the Tribunal dated 05.05.1978, the original application was dismissed finding that, the property claimed in the original application was a private forest and it was vested in the Government under the Vesting Act. Against the judgment, the petitioner preferred appeal before this Court as MFA No.346 of 1978. This Court remanded the matter back to the learned Tribunal for fresh disposal. After remand, the Forest Tribunal as per Ext.P6 revised order allowed the original application. As per Ext.P6 revised order, it was found that 29.10 Acres of property was not a private forest and not vested in the Government under the Vesting Act. Thereafter, the predecessor in interest of the petitioners assigned the property to the petitioners as per Exts.P7 and P8. After the petitio

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