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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, P.KRISHNA KUMAR
P.M. Chithrabhanu S/o Late P.C. Narayanan Namboothiri – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. background of prior vesting exemption and efl challenge. (Para 2 , 3) |
| 2. parties' contentions on forest definition and notifications. (Para 4 , 5 , 6) |
JUDGMENT :
SATHISH NINAN, J.
1. The original application, seeking a declaration that the OA schedule property, having a total extent of 9.58 acres, is not an “ecologically fragile land” under the Kerala Forests (Vesting and Management of Ecologically Fragile Lands) Act, 2003 (hereinafter referred to as 'the EFL Act'), was dismissed by the Tribunal. The applicants are in appeal.
2. In respect of the property, there was a proceeding under the Kerala Private Forests (Vesting and Assignment) Act, 1971 (hereinafter referred to as 'the Vesting Act'). The proceedings culminated in favour of the applicants. Ext.A6 is the judgment dated 24.06.1982 in M.F.A.No.84 of 1978, affirming the order of the Tribunal granting exemption. The possession of the property was restored to the applicants-appellants on 16.09.1998 pursuant to the orders of this Court in O.P.No.4360 of 1998. Such restoration is evidenced by Ext.A4, which contains the copy of the survey plan of the property restored. Ext.A4 further contained a notification under Sect
Property not 'forest' under EFL Act if principally planted teak; inadequate inspection requires remand.
The classification of land as 'ecologically fragile' under the EFL Act is upheld when sufficient evidence supports the environmental status, and co-sharers have standing to appeal.
The court clarified that a property exempted under the Vesting Act may still be classified as ecologically fragile under the EFL Act, emphasizing the need for evidence of cultivation as of the appoin....
The court upheld that property not principally covered by trees cannot be classified as forest under the EFL Act, rejecting the State's claim regarding ecologically fragile land.
State having deprived owner of the possession of land and legal right to cultivate it cannot take advantage of its own wrong.
The EFL Act requires a nature assessment of land as of the appointed date, not merely the intent to cultivate, to determine ecological status.
The court affirmed that the property in question does not qualify as 'Ecologically Fragile Land' or 'Forest' under the Kerala Forest Act, based on the evidence presented.
Under EFL Act, applicant has to prove that land is principally cultivated with long duration crops or is a plantation, or beneficial enjoyment for a building, which alone can exclude it from definiti....
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