A D THRESSIAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred against the order in O.A. No. 107/90 of Forest Tribunal, Palakkad. Application was preferred under Section 8 of the Kerala Private Forest(Vesting and Assignment) Act, 1971 for declaration that the land in question is not private forest vested in the Government. Exemption was also sought for under Section 3(2) of the Act. This appeal is preferred against the order in O.A. No. 107/90 of Forest Tribunal, Palakkad. Application was preferred under Section 8 of the Kerala Private Forest(Vesting and Assignment) Act, 1971 for declaration that the land in question is not private forest vested in the Government. Exemption was also sought for under Section 3(2) of the Act.

(2.) Applicant submitted that the property in question was taken on oral lease by her husband in the year 1963 from Chembra Peak Company and was brought under seasonal cultivation like ginger, tapioca, plantation etc. prior to the appointed date. In the year 1978 husband had assigned the land to her as per document No. 3918/78 and the property was under continued cultivation. She had also obtained Pattayam from the Land Tribunal, Kalpetta in S.M.C. No.114/80. Registration from the Rubber Board was also obtained in 1985. When forest official obstructed she approached the Forest Tribunal for the aforesaid reliefs.

(3.) Application was resisted by the Department. Plea of oral lease was rejected. Document executed between the husband and the applicant according to the department is a sham document and reliance placed on the purchase certificate was resisted. It was stated that the property formed part of a vested forest extending to 188 hectares which previously belonged to Chembra Peak Estate. Property was surveyed and demarcated and was included as item No.73 and notified as per D. 5272/77 dated 8-7-1977 by the custodian of vested forests. Further it was stated that the property was never under cultivation and no cultivation was effected prior to 10-5-1971.