SABARIDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has approached this Court challenging Ext. P6. It is a notification issued in terms of S.5 of Kerala Preservation of Trees Act, 1986 directing that no tree standing in the area specified in the Schedule shall be cut, uprooted, burnt or otherwise destroyed except the trees constituting danger to life or property or the tree is dead, diseased or wind fallen. The property scheduled is about 8.26 acres of land in extent in survey Nos. 166 / 2, 164/1 and 166/6A of Ongallur village in Ottappalam Taluk.

(2.) The petitioner submits that Ext. P6 issued on the ground that the property in question is covered by the order of the Forest Tribunal, Palakkad which has been confirmed by this Court in Ext. P4 judgment in M.F.A. 101/1978. A review petition was also filed as is revealed from Ext. P5. There is a clear finding in Ext. P4 judgment which reads as follows :

(3.) Under S.5 of the Kerala Preservation of Trees Act Government is vested with a power to issue notification with a view to preserve tree growth in private forest area in cardamom hills or in other area cultivated with cardamom, by notification in the gazette. There is a clear finding by this Court, as extracted above, about the property in question that it is not forest land. The Government does not have a case that the land in question is cardamom hills or cultivated with cardamom. So the power to the Government in terms of S.5 cannot be extended to this land. The Government is bound by a finding in Ext. P4 judgment of this Court. That finding was entered into dismissing an appeal filed by the Government. The review petition was also dismissed as is revealed by Ext. P5. Thus the finding that property in question does not form part of forest is confirmed by Ext. P5. There is no contention by the Government that it is a cardamom hill or it is cultivated by cardamom. So in respect of land scheduled to Ext. P6, the Government cannot issue a notification in terms of S.5.