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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, P. KRISHNA KUMAR, JJ
P VASUDEVAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. application of efl act in determining land status. (Para 1 , 2 , 3) |
| 2. state's rights and responsibilities regarding land management. (Para 4 , 5 , 6 , 7) |
| 3. prior case as a precedent; state cannot claim rights after obstructing use. (Para 8 , 9) |
| 4. conclusion with remand for evidence. (Para 10) |
Sathish Ninan, J.
The original application seeking a declaration that the application schedule properties, two in number, are not ecologically fragile lands under the Kerala Forest (Vesting and Management of Ecologically Fragile Land) Act, (for short “the EFL Act”) was allowed with regard to schedule item No.1 property and was dismissed regarding the other. The appeal is by the 4th applicant, regarding item No.2.
2. Schedule item No.1 property has an extent of 3.05 acres and schedule item No.2 has an extent of 26.80 acres. The properties belonged to the predecessor-in-interest of the applicants as per Ext.A11 Partition Deed of the year 1947. With regard to the properties, there was an earlier proceeding under the Kerala Private Forests (Vesting and Assignment) Act, 1971 (for short, “the Vesting Act”), as OA 1433/1974. As per Ext.A1 judgment dated 10.06.1977, the Original Appl
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