SUNNY SAMUEL Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) Three original applications, O.A Nos. 24, 25 and 26 of 2010, were filed under Sec. 10 of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act 2003 ['EFL Act', for short] before the Special Tribunal, Palakkad. All the O.As were dismissed by impugned common order dtd. 30/3/2015. M.F.A.56/2015 is carried from the dismissal of O.A.No.24/2010, M.F.A 55/2015 from O.A.25/2010 and M.F.A 54/2015 from O.A.26/2010. The aggrieved applicants are the appellants.

(2.) Facts Except for the pleadings tracing the title, the pleadings in all the three O.As are similar. We will first deal with the particular facts tracing the title in each O.A, hereunder:

(3.) Common Pleadings: The scheduled properties are not ecologically fragile lands as defined under the E.F.L Act. The lands were brought under cultivation with tapioca, plantain, seasonal crops, arecanut, coffee, cardamom etc. long before 2/6/2000, the date on which the E.F.L Act came into force. Much before 1963, the lands were cultivated with the above referred crops. The lands have no characteristic features of an ecologically fragile land. The land is free of trees and undergrowth and hence not ecologically fragile. The scheduled properties are grassy lands, devoid of any tree. On such premise, a declaration was sought for in all the O.As that the scheduled properties are not ecologically fragile lands.