PIONEER RUBBER PLANTATION NILAMBUR KERALA STATE MALLIASSERI MANAKKAL PARAMESWARAN HARRISONS MALAYALAM LIMITED Vs. STATE OF KERALA

JUDGEMENT

(1.) ):- A common question arises in all these cases. Are lands set apart in the estates in question for growing firewood trees such as eucalyptus corredgum to be used as fuel for the purpose of manufacturing rubber or tea in the smokehouses or factories or for the personal use of the employees in the estates excluded from the definition of 'private forests' as contained in Section 2(f)(l)(i)(B) of the Kerala Private Forests (Vesting and Assignment) Act, 1971, (Act 26 of 1971) (hereinafter referred to as 'the Act') The Kerala High Court in the three judgments, which are impugned in these appeals, held that such lands fell within the expression 'Private forest' and accordingly vested in the State in terms of the Act. The High Court rejected the contention of the appellants to the contrary.

(2.) We shall now read Section 2(f) (1)(i)(B):-

(3.) The High Court held that the lands on which firewood trees were grown for the purpose of fuel for either the smoke-houses or factories on the employees in the estates were not lands used for purposes ancillary to the cultivation of the crops or for the preparation of the same for the market so as to be excluded from the definition of 'private forests' which vested in the State.