LEELAVATHI Vs. STATE OF KERALA

JUDGEMENT

(1.) HEARD learned counsel for the appellants and the learned Government Pleader.

(2.) THIS Writ Appeal has been filed against the judgment of the learned Single Judge dated 18.3.2013, by which order the Writ Petition filed by the appellant challenging the order of the Chief Conservator of Forests refusing to renew lease of the appellants, has been dismissed. The predecessor -in -interest of the appellants was granted lease of the forest land with effect from 15.1.1950 for a period of 50 years. The lease period expired and an application was filed by the appellants praying for renewal of the lease. Several memos were given by the appellants praying for renewal of the lease. O.S.No.372/2001 was filed by the father of the appellants, restraining the Forest Department from vacating him from the above land. The said suit was dismissed, the appeal against which was also dismissed. In a Writ Petition filed by another person, there was a general direction by the this Court vide judgment dated 23.5.2012 to take possession in the said case as well as other matters pending, consistent with the policy of the Government. In compliance of the said direction, the Chief Conservator of Forests, vide his order dated 17.8.2012, considered the appellants' claim for renewal of lease and giving cogent reasons, rejected the application for renewal of lease. In the said order, the Chief Conservator of Forests has said that no forest land can be used for non -forestry purposes as per the Forest Conservation Act, 1980. It has been further stated that the Government policy is not to grant or renew any lease of forest land to private persons. Challenging the said order, WP(C).No.4887 of 2013 was filed by the appellants and as per judgment dated 18.3.2013, the learned Single Judge dismissed the Writ Petition.

(3.) WE have considered the submissions of learned counsel for the appellants and learned Government Pleader and perused the records.