LAWS(SC)-1998-3-27

K M S UBAIDA Vs. STATE OF KERALA

Decided On March 25, 1998
K.M.S.UBAIDA Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This appeal arises out of the leave granted by the Kerala High Court by order dated January 12, 1984 in M.F.A. No. 338/1978. The short question that arises for decision of this Court is whether the land where systematic teak plantation has been made and the growth of teak plantation is not natural one, will be exempted from the purview of private forests under the Kerala Private Forests (Vesting and Assignment) Act, 1971. It appears that under Section 2 of the said Act, unless the context otherwise requires, the private forest means in relation to Malabar District referred to in sub-section (2) of Section 5 of the States Reorganisation Act, 1956, any land to which the Madras Preservation of Private Forests Act, 1949 applied to the lands in question immediately before the appointed day. But certain lands have been excluded from the definition of Private Forests under the Kerala Act and Clause (C) of sub-section (2)(1)(F) is relevant for our consideration. Clause (C) contains that when lands are principally cultivated with cashew or other fruit bearing trees or are principally cultivated with any other agricultural crop will be exempted from the purview of private forests under the Kerala Act.

(2.) Mr. Iyer, the learned senior counsel appearing for the appellants contended that Clause (C) exempts not only cashew or other fruit bearing trees but also any other land which are principally used for cultivation of agricultural crop. In the instant case, the teak has been grown by systematic human efforts and it is not a case of natural growth of the forest. Hence, such land must be held to be the land principally cultivated with agricultural crop. Therefore, such land will be exempted from the purview of private forests within the meaning of said Kerala Act.

(3.) We are, however, unable to accept such submission of the learned counsel. Every agricultural activity has not been exempted under the said Kerala Act and Clause (C) only protects lands which are principally cultivated with cashew or fruit bearing trees and principally cultivated with 'agricultural crop.' Agricultural crop as commonly understood does not convey the agricultural activity in teak plantation. Therefore, such activity cannot be brought within the purview of the said Clause (C).