STATE OF KERALA Vs. POPULAR ESTATES

JUDGEMENT

(1.) This appeal by special leave impugns the judgment of the Division Bench of the Kerala High Court dated 7.4.1994. The High Court by its impugned judgment set aside the judgment of the Forest Tribunal and directed the Custodian & Conservator of Vested Forests to hand over possession of a large area of land to the respondents.

(2.) The respondents claim to be owners of 1534.40 acres of land comprising 265.85 acres of cardamom plantation, 334.85 acres of paddy field and 585.90 acres of cultivable dry land and forest land. They claim that these lands were purchased by M/s Popular Automobiles, a registered firm, by registered deeds alleged to have been executed in the year 1963 and further that these lands were given to them upon partition of the assets of the said firm. The Kerala Private Forests (Vesting and Assignment) Act, 1971 (hereinafter referred to as the Act) came into force with effect from 10.5.1971. Under Section 3 of the Act, all private forests stand vested in the State Government. The Act was challenged before the Kerala High Court and was struck down as unconstitutional by the judgment delivered sometime in 1972. The judgment of the High Court was reversed by this Courts Order dated 15.9.1973 holding that the Act was a valid piece of Legislation.

(3.) After the Act was upheld by the Supreme Court, the forest authorities attempted to take possession of large areas of land in the occupation of the respondents on the ground that they were private forests which had vested in the State Government under Section 3 of the Act. The respondents moved two Original Applications Nos. 242 and 243 of 1974 before the Forest Tribunal under Section 8 of the Act. The substantive prayer made therein was for a declaration that no part of the estate comprising 1534.40 acres was liable to vest in the State as it was exempted under the provisions of the Act from vesting. The applications were opposed by the State Government, which disputed the facts alleged in the applications. The Forest Tribunal appointed a Commissioner to inspect the entire area and report about the state of the land to the Tribunal. 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 hence inaccessible. Private surveyors were appointed to carry out the survey but they could not complete the work. On the directions issued by the Forest Tribunal, the Forest Survey Department officers were directed to carry out the survey of the land in question. After considering the report of the departmental Surveyors and hearing the parties, the Tribunal dismissed Original Applications Nos. 242 and 243 of 1974 after making critical comments about the manner in which the surveyors had made the report and observed: