STATE OF KERALA Vs. SAHYA HARITHA SANGHAM

JUDGEMENT

(1.) This Writ Appeal has been filed by the State of Kerala against the judgment dated 23.5.2013 of the learned Single Judge passed in W.P(C).No.1080 of 2013. The Writ Petition was filed by two petitioners, who are respondents 1 and 2 in this Writ Appeal.

(2.) Brief facts of the case, which emerged from pleadings of the parties are: The State of Kerala, under the Kannan Devan Hills (Resumption of Lands) Act, 1971 (hereinafter referred to as '1971 Act,'), resumed and took possession of 70452.61 acres of land. Out of the aforesaid land, it was decided that land measuring 43452.80 acres be left as it is, and land measuring 17922 acres be earmarked for afforestation and an area of 5189 acres of land was decided to be utilised for assignment. By Government Order dated 18.4.1980, the Government decided to transfer an extent of 43452.80 acres of land earmarked as "to be left as it is" and the extent of 17922 acres set apart for afforestation to the Forest Department. The assignment of the land was to be undertaken in accordance with the Kannan Devan Hills Reservation and Assignment of Vested Land Rules, 1977 (hereinafter referred to as '1977 Rules'). The State Government decided to assign the land in favour of those persons, who were in occupation of land before 1.1.1977. The District Collector, vide his order dated 17.9.1998, finalised list of 1016 persons, who were to be assigned plots of 1 acre each. The petitioners had filed the Writ Petition claiming that the members of first petitioner, numbering 150, were also included in the list of persons, who were to be assigned plots. The second petitioner claims assignment of plot No.950/99 by letter dated 21.12.2000. W.P(C). No.32000/2005 was filed praying for restraining the assignment of forest area at Mankulam Village in Idukki district and with certain other prayers. An interim order was passed by this Court on 12.12.2005 staying the process of assignment. The writ petitioners represented to the District Collector as well as to the State requesting for assignment, which representation was forwarded to the District Collector. The District Collector, on 25.1.2012 informed the Secretary of first respondent that this Court had already stayed distribution of excess land in Mankulam Village in W.P(C).No.32000 of 2005 and until final decision in the said case, the request for distribution of excess land in Mankulam Village cannot be considered. W.P(C).No.32000 of 2005 was finally decided on 25.5.2012. Thereafter the petitioners again prayed for assignment of land. In the meantime, the State Government issued a notification dated 16.5.2007 under Section 4 of the Kerala Forest Act, 1961 notifying an area of 9005.72 hectares (22253.37 acres) of land in Sy.Nos.75 (part) and 77(part) proposing to constitute a reserved forest. The District Collector sent a report dated 15.11.2012 to the State Government observing that in view of the directions contained in the judgment of this Court in W.P(C).No.32000 of 2005 there are no more obstacles for completing the resurvey proceedings, allotting plot numbers to the landless agricultural workers in accordance with Rules, 1977. The District Collector also noticed issuance of notification dated 16.5.2007 under Section 4 of the Kerala Forest Act.

(3.) The petitioner at that stage filed the W.P(C). 1080/2013 with the following prayers: