STATE OF KERALA Vs. POPULAR ESTATES (NOW DISSOLVED)

JUDGEMENT

(1.) This appeal by special leave challenges a judgment of the Kerala High Court (In MFA 108/2006 decided on 05.12.2008), which allowed an appeal preferred by the respondent (hereafter called "Popular Estates") and held that an area of slightly over 402 acres (i.e., 100 hectares and 155.90 acres) vested in the State of Kerala (hereafter "the state"), and the rest of the land (of a total 1534.40 acres) had to be treated as plantation, and thus, belonged to the said respondent.

(2.) Popular Estates became owners of 1534.40 acres of land. Those lands were acquired by sale, by M/s Popular Automobiles, a registered firm, through four registered deeds executed in 1963. These lands fell to Popular Estate's share upon partition of the firm's assets. The Kerala Private Forests (Vesting and Assignment) Act, 1971 (hereafter "the Vesting Act") came into force with effect from 10.5.1971. Under Section 3 of the Vesting Act, all private forests vested in the State Government. The Act was challenged before the Kerala High Court, which struck it down, by a judgment, in 1972. That judgment was reversed by this Court's ruling in 1973 (State of Kerala v Gwalior Rayon Silk Manufacturing and Weaving Co.1974 (1) SCR 671).

(3.) The forest authorities attempted to take possession of large areas of land occupied by Popular Estates, arguing that they were private forests and had vested in the state, under the Act. Popular Estates moved two Original Applications (O.P Nos. Nos. 242 and 243/ 1974) before the Forest Tribunal ("tribunal" hereafter) under Section 8 of the Act claiming a declaration that no part of the estate consisting 1534.40 acres was liable to vest in the state. Since it was being cultivated and hence, it was exempt under the provisions of the Vesting Act. The state opposed those applications. The tribunal appointed a commissioner to inspect the entire area and report about its state to it. The commissioner after a preliminary inspection was of the view that a detailed survey of the land was necessary as most of the land was situated on hills, and therefore, inaccessible. Private surveyors, appointed to survey the land were unable to complete the work. The tribunal directed Forest Department Survey Officers to survey the lands. The tribunal, thereafter dismissed the Original Applications (By order dated 15.02.1978). It made critical comments about the manner in which the surveyors had made the report and recorded that: