P.VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) IN all these writ petitions, the petitioners are seeking for a direction to the fifth respondent to register the document prepared and submitted by the petitioner without insisting for No Objection Certificate from the Forest Department.

(2.) W .P.(C).No.27013/2012 is filed by the petitioner, who is having properties extending 12.50 Acres in Survey No.1737/Part of Sholayoor Village of Mannarkkad Taluk. The properties were involved in O.A.No.105/1977 before the Forest Tribunal, Manjeri wherein the claim of the petitioner was accepted and Ext.P3 is the copy of the Judgment. There was a review petition later and ultimately, the matter has been finalised by Ext.P4 which is an order in R.P.No.193/2001 in M.F.A.No.664/1989 by a Division Bench of this Court. The review petition was filed by the State. It is stated in para.2 of the writ petition that out of 12.50 acres of land held by the petitioner, as regarding 6 acres there was no proceeding either before this Court or before the Tribunal and only in respect of 6.50 acres, there was an appeal and thereafter review petition etc.. The properties, 12.50 acres, are lying in two plots. According to the petitioner, the property is not a Forest land and is a coffee plantation for which he is relying upon Exts.P5 and P6 and only because of the objection by the fifth respondent, that No Objection Certificate from the Forest Department is required, petitioner is not able to get the document registered. The petitioner is relying upon Ext.P9 Judgment of a Division Bench of this Court in W.A.No.648/2010 holding the view that No Objection Certificate cannot be insisted as a pre- condition for registration.

(3.) A statement has been filed by the fourth respondent. It is evident from the statement that the Chief Conservator of Forests as per Ext.R4(a) has addressed the Additional Principal Chief Conservator of Forests (North Region), Kozhikode with regard to the requirement to assess whether notification under the E.F.L has been issued. It is submitted in para.5 of the statement that No Objection Certificate for the land can be issued only after getting necessary Government Orders. The E.F.L status of the land also has to be ascertained before issuing No Objection Certificate. If it is found that No Objection Certificate can be issued, the land has to be notified under Section 5 of the Kerala Preservation of Trees Act, 1986 so as to prevent felling of tree growth. The land is situated in Sholayur Village in Attappady which is an Ecologically sensitive area. Therefore, No Objection Certificate can be issued only after thorough verification and after completing the requisite formalities.