ASPINWALL AND COMPANY LTD Vs. STATE OF KERALA

JUDGEMENT

(1.) THE short question is whether the request of the petitioner to cross examine the members of the Ecologically Fragile Land Committee, is liable to be allowed. The essential facts for the disposal of the writ petition are the following:

(2.) THE petitioner's estate includes among other items of properties, land in R.S. No.1032 in Kalikavu Village. An extent of 28.40 acres of land in the said survey number was involved in proceedings under Act 26 of 1971. The Forest Tribunal dismissed O.A. No.86/1976 which was confirmed by this Court in the appeal filed by the petitioner. Finally, the Supreme Court allowed the appeal filed by the petitioner in C.A. No.4423/1984. Later, the said land was notified as ecologically fragile land under Section 3(1) of Act 21 of 2005. Ext.P3 is the location sketch relating to the property. Seeking for review of the notification, the petitioner has approached the Chief Conservator of Forests under Rule 17 of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Rules 2007 (for short 'the Rules'). Pursuant to Ext.P7 judgment of this Court, the review application was taken up on file and the Ecologically Fragile Lands Committee inspected the property and filed a report as per Ext.P8. Ext.P9 is the copy of the objection filed by the petitioner and Ext.P10 is the application filed seeking permission to adduce evidence and to cross examine the committee members who had prepared Ext.P8 report. The petitioner seeks for a direction to allow Ext.P10 application.

(3.) LEARNED Senior Counsel for the petitioner, Shri E.K. Nandakumar submitted that an examination of the committee members is essential, especially to conform to the principles of natural justice. The Committee has submitted its report on the observations made and the petitioner has, therefore, a right to cross examine the Committee members and reliance is placed on the judgment of the Apex Court in State of Kerala v. K.T. Shaduli Yusuff (1977 STC (Vol.39) 478).