The scheduled land does not meet the criteria of ecologically fragile land under the EFL Act, 2003.

1. The appeal is by the State against an order of the Forest Tribunal granting exemption to the lands scheduled in an application filed under S.10 of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 (for short 'the EFL Act'). The applicant contended that 2 hectares and 2 Ares respectively in Sy.Nos.235 / A1 and 235 / A2 of Kottopadam I Village was gifted to him by his father as per Ext.A1 of the year 1982. The applicant constructed a house in a portion of the land and planted rubber trees in the property. The applications filed before the Custodian against the notification of the property as ecologically fragile land was rejected on 11.07.2008. The application before the Tribunal was resisted alleging that there was profuse natural vegetation all over the property and the main tributary of Palakkazhi Puzha goes through the western side of the property. The scheduled land lies at a height of 700 meters from mean sea level, it is the buffer zone of Silent Valley National Park, close to its core zone with ample presence of wild animals. Though occasional presence of rubber is admitted, the systematic sample survey reveals the area to have predominant natural vegetation. Out of the 87 tree species recorded, only 25 are rubber trees having more than 31 cm girth at breast height (GBH) indicating only 28.74% rubber trees.

2. The applicant was examined as PW1, who marked Exts. A1 to A11. The Assistant Wildlife Warden testified as RW1 and marked Exts. B1 to B5. A Commission Report was marked as Ext.C1. The sole issue framed by the Tribunal is as to whether the scheduled land is an ecologically fragile land.

3. The Tribunal found that Ext.A1 document of title indicates the description of the property as garden land on the northern portion and Karapara Mala on the eastern side, wherein the boundaries are estate lands. Ext.A2 building tax receipt was not relied upon since it was of the year 2014-15, which was long after, even the filing of the application. Ext.C1 report of the Commissioner was noticed to find a foundation of a house with a small wall of about 2 1/2 feet height on its sides. The construction was in a dilapidated condition and Ext.A3 is the tax receipt for the period 2001-02 and Ext.A4 is the building tax receipt dated 18.01.2000. Ext.A5 is the receipt issued by the Kerala Agricultural Workers Welfare Board of the year 2013. Ext.A6 is the copy of the notification as an ecologically fragile land, which indicates rubber and arecanut in 30% of the land. Ext.A11 was a report of the EFL Committee constituted under the Act which spoke of the different properties inspected to be ecologically fragile lands though lying without the characteristics of a forest. The Committee categorically opined against a notification under S.3 but recommended a notification under S.4 of the EFL Act; considering its proximity to Silent Valley National Park, the steep incline in which it was lying and also the presence of the catchment area of Palakkuzhy Puzha. The Custodian as per Ext.B4 refused to accept the recommendation of the Committee and notified it as an ecologically fragile land. The Commission Report indicated 500 to 600 rubber trees. The Tribunal found that the declaration which can be sought under the EFL Act is by a person holding a specified property and not considering the nature of lands in a particular area. The applicant was found to have title as per the document produced at Ex.A11, of the year 1982. The applicant's property of 2.02 hectares was found to be existing within the larger extent of 50.72 hectares. There was found 500 to 600 rubber trees in the property, making it principally cultivated with rubber