SIVAPRASAD Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellants applied to the Forest Tribunal under section 10 of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003, for a declaration that the property described in the schedule to the petition filed by them are not ecologically fragile land in terms of that Act.

(2.) THOUGH a large extent of contiguous lands were notified under the Act, the claim of the applicants was confined to 8.5653 hectares. They claim that the said parcel was found to be not covered by the vesting in terms of the Act 26 of 1971. May be, it was a case of exemption having been granted from the provision providing for vesting in terms of that enactment. That is not germane for a decision, at this point of time, because the impugned order of the Tribunal was issued with the finding that the applicants did not establish even the identity of the property claimed by them and in relation to which the request for declaration that it is not a parcel of ecologically fragile land was sought for.

(3.) SIMILARLY , even if the property covered by the order issued under Act 26 of 1971 has to be considered, the identity of that property qua the property claimed by the applicants in the case in hand, has to be established by placing necessary connecting oral or documentary evidence.