SAMEER MOTTEMMAL Vs. PRINCIPAL CHIEF CONSERVATOR OF FOREST

JUDGEMENT

(1.) These writ petitions are filed challenging the proceedings issued under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act,2003 (hereinafter referred to as the 'EFL Act') against properties owned by the petitioners. The essential challenge was against the orders of the Forest Tribunal rejecting the applications preferred by the petitioners under Section 10A of the EFL Act on the ground that the applications are time barred.

(2.) Heard learned counsel for the petitioners and the learned Special Government Pleader for the respondents.

(3.) The learned counsel for the petitioners submit that the petitioners are small holders as provided under Section 10A the EFL Act and that as such, their applications require a consideration, taking the date of service of individual notices of the notification under Section 3 (2) to them. Notifications under Section 3(1) had been issued on 26.10.2013 and notified in the Gazette on 3.12.2013. However, individual notices were issued to the parties only long thereafter, that is, on 20.11.2014 or 18.2.2014 as the case may be. It is contended that the petitioners had purchased the properties after the appointed day, but before the date of the notification. The petitioners had submitted applications under Section 10A on 15.1.2015. The applications had been rejected on the ground that they were belated by orders dated 18.2.2014. It is submitted by the learned counsel for the petitioners that they had no means of knowing that the properties had been notified as Ecologically Fragile Lands. It is stated that it was only on receipt of individual notices that they came to be aware of the fact that the properties stood notified.