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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Soumen Sen, CJ, Syam Kumar V.M., J
Bibi Baby – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. appellant's claim on access to property. (Para 1 , 2 , 3) |
| 2. provisions under the forest (conservation) act. (Para 4 , 5 , 6 , 7 , 8) |
| 3. distinction from precedent mining case. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. conclusion on the dismissal of appeals. (Para 15 , 16 , 17 , 18) |
JUDGMENT
W.A.No.1207 of 2019 is arising out of the judgment dated 01.04.2019 passed by the learned Single Judge in a writ petition, wherein the petitioner challenged the decisions of the respondent authorities restraining him from using the Idamalayar Irrigation Project (IIP) Canal Bund Road for non-forest purposes. The petitioner contended that he has no other access to his property except through the said road.
3. The present appellant is the writ petitioner in W.P(C)No.36926 of 2018. In view of the judgment passed by co- ordinate Bench presided over by the Hon’ble the Chief Justice in W.A.No.1144 of 2019 filed against the judgment in W.P(C)No.39136 of 2017, this appeal also requires to be dismissed. The present appellant/petitioner claimed that he owns property which is used for storing construction equipments and supplies. The land in question was initially a Forest Land. It is contended tha
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