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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, P. KRISHNA KUMAR, JJ
THE CUSTODIAN (ECOLOGICALLY FRAGILE LAND) AND CHIEF CONSERVATOR OF FORESTS (WILDLIFE), FOREST HEAD QUARTERS, VANALAKSHMI, VAZHUTHACAUDU, THIRUVANANTHAPURAM – Appellant
Versus
PRIYA RUBBER ESTATE AND PLANTATION PVT.LTD., REPRESENTED BY ITS MANAGING DIRECTOR, PRIYA RADHAMONY, KOCHUTHOPPIL, PARUMALA P.O, THIRUVALLA, PATHANAMTHITTA-689626 – Respondent
| Table of Content |
|---|
| 1. assessing if property qualifies as ecologically fragile land. (Para 1 , 2 , 3 , 4) |
| 2. arguments on the status of the property and its classification. (Para 5 , 6 , 7) |
| 3. legal principles governing intent vs. actual cultivation. (Para 8 , 9 , 10 , 11) |
| 4. final decision remanding back for proper evaluation. (Para 12) |
Sathish Ninan, J.
The original application seeking a declaration that the application scheduled property is not an ecologically fragile land, was allowed by the Tribunal. The State is in appeal.
2. The application schedule property has an extent of
133.0509 hectares. It is part of a larger extent of 199.46.03 hectares. The applicants claim that the property is a plantation, principally with rubber, coffee and tea. Though as on the appointed day the property was not a lush plantation, it was a plantation under cultivation. There were proceedings initiated by their creditor Bank and the Employees Provident Fund authorities. The property was in the possession of a receiver for quite some time. Consequently, the plantation could not be well maintained. The applicant seeks a declaration that the property is not an ecologically fragile land.
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