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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, P. KRISHNA KUMAR, JJ
RAJAN V. – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. challenge to previous forest tribunal decision. (Para 1 , 2) |
| 2. insufficient evidence regarding property cultivation. (Para 3) |
| 3. dispute over the correct survey number. (Para 4 , 5 , 6) |
| 4. vesting act not solely dependent on notifications. (Para 7 , 8) |
| 5. remand for further evidence under the vesting act. (Para 9 , 10) |
Sathish Ninan, J.
The order of the Forest Tribunal dismissing the original application seeking a declaration that the application schedule property is exempted from vesting under the Kerala Private Forests (Vesting and Assignment) Act (hereinafter referred to as 'the Vesting Act'), is under challenge in this appeal by the applicant.
2. The property involved has an extent of 13 cents.
It is situated in Old.Sy.138/5A-1A corresponding to Re.Sy.No.29/7. The applicant alleges that the forest officials are obstructing the enjoyment of the property by claiming it to be a vested forest. According to the applicant, the property is exempted from vesting under Sections 3 (2) and 3 (3) of the Vesting Act.
3. The Tribunal held that Ext.C1 Commissioner's report is insufficient to find that the property was under cultivation or with an intention to cultivate, as on t
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