JAYADEVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The applicants in O. S. No. 45 of 1979 on the file of the Forest Tribunal, Kozhikode are the appellants. The application before the Forest Tribunal was one under S.8 of the Kerala Private Forests Vesting and Assignment Act 1971, hereinafter referred to as the Act, for a declaration that the 25 acres of land in R. S.15/A of Modancherry Village, Kozhikode Taluk, described in the 'C' schedule to the application do not vest in the Government under S.3, of the Act, for the reason that the land aforesaid is entitled to exemption under Clauses (2) and (4) of S.3. The application was rejected by the Forest Tribunal on 24-3-1980 in consequence of an earlier order dated 13-3-1980 dismissing I. A. No. 222 of 1979 filed by the applicants to condone the delay in filing the application under S.8 of the Act. The application was held to be barred by limitation under the amended R.3 of the Kerala Private Forests (Tribunal) Rules, 1972 which requires an application under S.8 to be filed within 60 days from the date on which the act which gives rise to the dispute was done. The petitioners challenge the vires of this Rule in so far as it prescribes a period of limitation for an application under S.8 of the Act.

(2.) The relevant provisions of the Act are the following:

(3.) In the present case, the notification under R.2A(2) of the Kerala Private Forests Vesting and Assignment Rules 1974 was published on 8-7-1977 and the application under S.8 of the Act was filed on 7-5-1979 with a petition I. A. No 222 of 1979 to condone the delay in presenting the application on certain grounds mentioned in the I. A. As earlier stated I. A. No. 222 of 1979 to condone delay and the main application O.A. No. 45/1979 under S.8 of the Act, are both dismissed by the Forest Tribunal. Dismissal of the main application is for the reason that the petition to condone delay had been earlier dismissed.