Private forests automatically vest with the Government under the Act unless proven otherwise; notification is key for classification.

JUDGMENT

Koshy, J.

The respondent in this case, a Devaswom represented by its hereditary Trustee, approached the Forest Tribunal when attempt was made by the Forest Department to stop the cultivation, holding that the scheduled area in the application is vested with the Government in view of Section 3(1) of the Kerala Private Forests (Vesting and Assignment) Act (hereinafter referred to as 'the Act'). Section 3(1) of the Act reads as follows:

“Notwithstanding anything contained in any other law for the time being in force, or in any contract or other document, but subject to the provisions of sub-sections (2) and (3) with effect on and from the appointed day, the ownership and possession of all private forests in the MFA 610/00 2 State of Kerala shall by virtue of this Act, stand transferred to and vested in the Government free from all encumbrances and the right, title and interest of the owner or any other persons in any private forest shall stand extinguished.”

Therefore, all private forests are vested with the Government on the relevant date. Even without a notification, if it is a private forest, it is automatically vested under Section 3(1) of the Act.

Section 2(f) defines private forest as follows:

“(1) in relation to the Malabar District referred to in sub-section (2) of Section 5 of the States Re-organisation Act, 1956 (Central Act 37 of 1956)-

(i) any land to which the Madras Preservation of Private Forests Act, 1949 (Madras Act XXVII of 1949), applied immediately before the appointed day excluding-

MFA 610/00 3 (A) lands which are gardens or nilams as defined in the Kerala Land Reforms Act, 1963 (1 of 1964).

(B) lands which are used principally for the cultivation of tea, coffee, cocoa, rubber, cardamom or cinnamon and lands used for any purpose ancillary to the cultivation of such crops or for the preparation of the same for the market.

Explanation:- Lands used for the construction of office buildings, godowns, factories, quarters for workmen, hospitals, schools and playgrounds shall be deemed to be lands used for purposes ancillary to the cultivation of such crops;

(C) lands which are principally cultivated with cashew or other fruit bearing trees or are principally cultivated with any other agricultural crop and MFA 610/00 4 (D) sides of buildings and lands appurtenant to and necessary for the convenient enjoyment or use of, such buildings;

(ii) any forest not owned by the Government, to which the Madras Preservation of Private Forests Act, 1949 did not apply, including waste lands which are enclaves within wooded areas.

(2) in relation to the remaining areas in the State of Kerala any forest not owned by the Government including waste lands which are enclaves within wooded areas.

Explanation:- For the purposes of this clause, a land shall be deemed to be a waste land notwithstanding the existence thereon of scattered trees or shrubs.”

The area in question was situated under the old Malabar District and the Madras Preservation of MFA 610/00 5 Private Forest Act (MPPF Act) was applicable to all the forests in Malabar District and south Kanara, having a contiguous area, exceeding 100 acres.

Forest is defined under Section 2(a) as follows:

“Forest” includes waste or communal land containing trees and shrubs, pasture land and any other class of land declared by the Provincial Government to be a forest by notification in Fort St.George Gazette or in Kerala Government Gazette.

Explanation:- For the purpose of this clause, 'communal land' means any land of the description mentioned in sub-clause (a) or sub-clause(b) of clause (16) of Section 3 of the Madras Estates Land Act, 1908 (Madras Act 1 of 1908).”

2. It is the contention of the respondent that it was not a private forest and therefore, it will not vest with the Government. There is no notification published in Kerala Government Gazette MFA 610/00 6 or in Fort St.George Gazette notifying this area under MPPF Act. Only forest in Malabar area will come within the definition of Kerala