S. RAVEENDRANATH PAI Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal under Sec. 11 of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 (the Act), is directed against the judgment dtd. 31/12/2010 in Original Application No.2 of 2008 on the files of the Tribunal for Ecologically Fragile Lands Cases, Kozhikode. The appellants were the applicants in the said original application.

(2.) 6.0720 Hectares of land situated in re-survey No.8/1A1A2 of Peria Village, Mananthavadi Taluk, Wayanad District has been declared to be ecologically fragile land by the Government in terms of a notification issued under Sec. 4 of the Act. The case of the appellants is that the notified land is part of 30 acres owned by them and cultivated by them with cardamom, coffee, pepper etc. from the year 1970; that the said land does not fall within the definition of 'forest' in terms of the provisions of the Act and that the same cannot, therefore, be declared as an ecologically fragile land. The appellants, therefore, sought a declaration to that effect in the original application.

(3.) A written statement has been filed by the third respondent, the Divisional Forest Officer in the original application contending, among others, that the declared land is lying contiguous to the vested forest in re-survey No.8/1A1A2 and that although there are cultivations of cardamom, coffee, pepper etc., it is an area with predominant natural vegetation which supports important endemic flora and fauna of western ghats and hence, liable to be declared as an ecologically fragile land.