JUDGMENT

R.C. Lahoti, J.— A question of frequent recurrence and of some significance involving the legal implications and the impact of an order rejecting a petition seeking grant of special leave to appeal under Article 136 of the Constitution of India has arisen for decision in this appeal.

Facts in brief :

2. The Kerala Private Forests (Vesting and Assignment) Act, 1971 (Act 26 of 1971), hereinafter referred to as ‘the Act’ for short, was enacted by the State of Kerala to provide for the vesting in the Government of private forests in the State of Kerala and for the assignment thereof to agriculturists and agricultural labourers for cultivation. The Act and the assent of the President on the Act were both published in Kerala Government Gazette (Extraordinary) dated 23.8.1971. The Act was given a retrospective operation by declaring that it shall be deemed to have come into force on the 10th day of May, 1971. We are not concerned with the details of several provisions contained in the Act. For our purpose it would suffice to notice that the disputes—(i) whether any land is a private forest or not, or (ii) whether any private forest or portion thereof is vested in the Government or n