KERALA KARSHAKA SAMRAKSHANA ASSOCIATION Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a public interest writ petition filed by a registered association, said to be working for the welfare of small scale farmers and 9 others, seeking the following reliefs:

(2.) The contention put forth by the petitioners is that, as per the definition of land provided to the Kerala Land Assignment (Regularisation of Occupation of Forest Land prior to 1.01-1977) Special Rules, 1993, hereinafter called Rules, 1993, land means " forest land subjected to joint verification as defined in sub- clause(e) and Cardamom Hill Reserve land which are converted for non- cardamom cultivation prior to 1-1-1977 in Idukki district, which have been transferred from Forest Department to Revenue Department and covered in the Resurvey Records and list of lands recommended to Government of India for concurrence under Section 2 of the Forest (Conservation) Act, 1980 (Central Act 69 of 1980) but does not include lands in wild life Sanctuaries."

(3.) Petitioners are relying upon the definition under Rule 2(e) of Rules, 1993 dealing with joint verification, means verification of forest land conducted by the Revenue and Forest Department to establish the eligibility for regularisation of occupation of said lands prior to 1.1.1977. Reliance is placed by the petitioners in above definitions to canvass for the proposition that it is evident from the above two definitions that all forest lands which are in possession of a settler prior to 1.1.1977 is eligible for pattayam. It is also the contention of the petitioners that the land which is vested under the 1971 Act will not attract 1993 Rules but only the reserve forest will attract the 1993 Rules.