NATURE LOVERS MOVEMENT Vs. STATE OF KERALA

JUDGEMENT

(1.) This Original Petition in the nature of a public interest litigation has been brought by a society which is concerned with preservation and conservation of nature and natural resources. The crux of the contention raised in this Writ Petition under Art.226 of the Constitution is that, after the coming into force of the Forest (Conservation) Act, 1980 (Central Act 69 of 1980), no forest land anywhere in the State could be assigned or otherwise dealt with by any quasi judicial authority for the purpose of determining whether the forest land has really vested in the State of Kerala or not. An examination and comparative evaluation of the relevant provisions becomes necessary to appreciate the contention.

(2.) The Kerala Private Forests (Vesting and Assignment) Act, 1971 (Act 26 of 1971), hereinafter referred to as the State Act, 1971, was brought into force from 23.8.1971 after being reserved for and receiving the assent of the President. The Act is intended to provide for the vesting in the Government of private forests in the State of Kerala and for the assignment thereof to agriculturists and agricultural labourers for cultivation. It is provided in the preamble that the Government considered that private forests in the State of Kerala are agricultural lands and that such agricultural lands should be so utilized as to increase the agricultural production in the State and to promote the welfare of the agricultural population in the State. For this purpose, it was considered necessary that the private forests should vest in the State Government so that they could be properly utilised. The date of coming into force of the Act is 10th May, 1971. The expression private forest is defined in S.2(f) as under:

(3.) The exceptions provided in sub-ss. (2) and (3) of S.3(1) are hedged in by several conditions. As to whether the qualified exceptions to exempt any particular land from the operation of S.3(1) of the State Act, 1971 would apply or not could be a matter of dispute. To resolve such a dispute the State Act, 1971 constituted a Tribunal under S.7. Under S.8(1) it is provided that where any dispute arises as to whether - (a) any land is a private forest or not; or (b) any private forest or portion thereof has vested in the Government or not, the person who claims that the land is not a private forest or that the private forest has not vested in the Government, may make an application in the prescribed form to the Tribunal for decision of the dispute. On such application being made, the Tribunal has to decide whether the land is not a private forest or whether the private forest or portion thereof has not vested in the Government. There is an appeal to the High Court under S.8A. There is a power of review, of even decided matters, under S.8B at the instance of the custodian of forest. S.8C gives power to the State to file an appeal or an application for review in certain cases. S.8 - D provides that wherever such applications are made for reviewing of any existing decision the effect of such decision shall stand stayed for a period of six months. S.9 debars anyone from claiming compensation for the vesting in the State of any private forest or for the extinguishment of the right, title and interest of the owner or any other person in any private forest by reason of S.3(1) of the State Act, 1971. Then comes S.10 which is of importance.