MALAYALAM PLANTATIONS LTD Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals are directed against the judgment and decree dated 31.05.2002 passed by the High Court of Kerala at Ernakulam in MFA No. 537 of 1995 and Cross Appeal whereby the High Court modified the order dated 13.03.1979 of the Forest Tribunal, Kozhikode. Malayalam Plantations Ltd. has filed C.A. No. 309 of 2003 and the State of Kerala preferred C.A. No. 310 of 2003. Since both the appeals arise from the common order of the High Court, they are being disposed of by this common judgment. For convenience, we shall refer Malayalam Plantations Ltd. as appellant and the State of Kerala as Respondent. Brief facts:

(2.) (a) The appellant is a Limited Company, which owns 5 estates in South Wayanad Taluk in Kerala. It engaged principally in the cultivation of Tea, Coffee, Cocoa, Rubber, Cardamom and Cinnamon. The Kerala Private Forests (Vesting and Assignment) Act, 1971 (hereinafter referred to as 'the Act') came into force with 10.05.1971 as the appointed day providing for vesting of all private forests in the State of Kerala. An area of 5131 hectares of land which was in the possession of the appellant's Wayanad Estates in Wayanad District of Kerala State was deemed to be vested under the said Act.

(3.) Heard Mr. L. Nageswara Rao, learned senior counsel for the Malayalam Plantations Ltd and Mr. Jayadeep Gupta, learned senior counsel for the State of Kerala.