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KERALA HIGH COURT
A. Hariprasad, J
State of Kerala v. C. Sivan
| Table of Content |
|---|
| 1. overview of land ownership and legislative framework regarding the property. (Para 1 , 2) |
| 2. discussion on the definition and criteria of ecologically fragile lands. (Para 3 , 4 , 5 , 6) |
| 3. analysis of legislative power concerning notifications on ecological land. (Para 7 , 8) |
| 4. determination on the property’s classification concerning forest status. (Para 9 , 10 , 11 , 12) |
1. The State is in appeal from an order of the Forest Tribunal, under the Kerala Forests (Vesting and Management of Ecologically Fragile Lands) Act, 2003 [for brevity, 'the EFL Act']. The applicant before the Tribunal, who is the respondent herein, was concerned with 5.56 Acres purchased by him in the year 1995. A larger extent, in which was comprised the above property, was alleged to have been vested in the Government under the Kerala Private Forests (Vesting and Assignment) Act , 1971, (for brevity the Vesting Act).
2. The vendor of the applicant approached the Tribunal constituted under the Vesting Act and obtained a declaration of exemption in O.A. No. 59 of 1981 on 14/03/1984. The appeal before the High Court was also dismissed and the Division Forest Officer restored the possession of the
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