TATA FINLAY LTD Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) The first petitioner is Tata Finlay Ltd., Munnar, and the 2nd petitioner is Mr. Abraham Varghese, Regional Officer, Tata-Finlay Ltd., Munnar. The first petitioner is successor in interest of Kannan Devan Hills Produce Co., Ltd., Anglo American Direct Tea Trading Co. Ltd., and Amalgamated Tea Estates Co. Ltd., which were sterling companies carrying on the business of growing and manufacturing tea. The major portion of the petitioners' land in Devicolam originally belonged to the Poonjar Chief, a Jenmi of Meenachil Taluk in the erstwhile Travancore State. The Poonjar Chief was the absolute owner and proprietor of the land. By a deed of 11th July, 1877 (corresponding to 29th Mithunam 1052 M.E.) executed by the then Poonjar Chief, or Rajah as he was called, and registered at the office of the District Registrar of Meenachil as Document No. 733 of 1052 (since, usually called, the first Poonjar Concession), the Poonjar Chief conveyed the said concession area to one John Daniel Munroe, a predecessor-in-title to the first petitioner, for a cash consideration of Rs.5000/- and a deferred perpetual annual payment of Rs.3000|- from 1059 M.E. onwards. Ext. P4 is the truecopy of the first Poonjar Concession. The petitioners have also produced an English translation of Ext. P4 as published in the Travancore Land Revenue Manual and the Travancore Forest Manual under the authority of the Government. By a further deed between the Poonjar Chief and the said John Daniel Munro dated 26th July, 1879 (corresponding to 12th Karkadakam 1054 M.E.) (since, also called, the second Poonjar Concession) the terms and intent of the said first Poonjar Concession deed was further confirmed and clarified, inter alia, to the effect that the said grant was to the said John Daniel Munro and his heirs, executors, administrators and assigns to be held absolutely and for ever with right to make all kinds of cultivations and improvements thereon. Ext. P5 is the copy of the said deed dated 26th July, 1879.

(2.) It would appear that at the time when Exts. P4 and P5 documents were executed and got registered, there was a rule or usage which required that Europeans and Americans desiring to acquire land within the Dominion of the Maharajah of Travancore should obtain the previous permission of the Government. On Munro's application, therefore, permission to hold that land was granted by means of a ratification deed dated November 28, 1878 executed by the then Government of Travancore. By this deed of ratification, Government permitted and ratified and grant made by the Poonjar chief in favour of Munroe and according to law and usage of the time, in respect of jenmom or freehold lands transferred by jenmies and chiefs levied (independently of the annual payment to be made to be made to the Chief by Munroe) a land tax of half a rupee per acre of the Concession Land, excepting grass lands and a land tax of two annas eight pies per acre of such grasslands as were occupied for homesteads, farmsteads or cultivation, and provided that transfers of any land by the holder should be made known to the Government to enable due apportionment of land tax. Ext. P6 is a truecopy of the said deed of ratification dated November 28, 1879.

(3.) On the application of the North Travancore Land Planting and Agricultural Society Ltd., the successor in interest to the aforesaid John Daniel Munro, an agreement was executed between the Government and the said Society on August 2, 1886, whereby the Government inter alia reduced the land tax levied by the said Deed of Ratification. Ext. P7 is a truecopy of that Deed dated August 2, 1886. Ext. P1 is the copy of notice dated 27-12-1980 sent by the first respondent Divisional Forest Officer, Munnar Division, Devicolam to the petitioners as well as 2 others, requiring them to supply within 7 days of that notice an account of all timber and firewood cut and removed by them since the date of the Kerala Grants & Leases (Modification of rights) Ordinance No.4 of 1980, which came into force on 25th June, 1980 and arrange for the remittance of the seigniorage value for timber cut and removed from the concession area. They were also threatened of action under the provisions of the Ordinance in case they failed to comply with the demands in the notice. The first of the addressees in the notice. Ext. P1, is the first petitioner. Ext. P2 is the true copy of another notice sent by the first respondent dated nil addressed to the petitioner No. 1 and others (the first petitioner being the first addressee) reiterating the demands made in Ext. P1 notice with the difference that the demands were made under the provisions of S.3 and 4 of the Kerala Grants (Modification of rights) Act, 1980, instead of Ordinance No.4 of 1980 referred to in Ext. P1 notice. Ext. P3 is copy of another notice which was also dated 27th December 1980 (the same date as of Ext. P1), addressed to the first petitioner and two others (the first petitioner being the first addressee) drawing the attention of the addressees to the coming into force of the Forest (Conservation) Ordinance No. 17 of 1980, promulgated by the Central Government which came into force on 25-10-1980. Exts. P4, P5, and P6, as we have already noticed, are the first concession deed, the second concession deed, and the ratification deed. Ext. P7, we have already noticed, is the copy of the agreement for modification of taxes dated November 23, 1871. Ext. P8 is the copy of the letter dated 14th January, 1981 sent by the first petitioner to the first respondent in reply to the letters received by it on 7-1-1981 and 8-1-1981, taking the stand that the Act has application only to "all grants and leases of lands made or granted by or on behalf of the former State of Travancore or Cochin for cultivation'', and that in as much as the grant in respect of the concession area held by the first petitioner company was from the Poonjar chief, who at that time was the proprietor of the region, it had no application to that grant. A detailed reasoning was given in that letter by the first petitioner. Ext. P9 is the copy of the letter from the B first respondent to the first petitioner informing him that Ext. P8 letter sent by I that Company has already been referred to the Government and that in the meanwhile the Company should adhere to the procedures in the matter of cutting and removal of trees to facilitate maintenance of correct account of firewood collected and removed. Ext. P10 is the copy of the letter dated 14th January, 1981 sent by the 1st petitioner company to the first respondent informing the first respondent in reply to Ext. P3 notice that that has no application to the lands held by that Company. Ext. P11 is the copy of the letter dated 16-1-1981 (sent by the first respondent to the first petitioner Company pointing out that the Central enactment (The Forest (Conservation) Ordinance No. 17 of 1980) prohibited the clearance of any forests for non forestry purposes. Ext. P12 is copy of the document No.1519 of 1897 dated 25-2-1897 executed by the erstwhile Government of Cochin in favour of the first petitioner's predecessor-in-interest, whereunder Malkiparai Estate was leased to that Company by the Diwan of Cochin representing the Maharajah of Cochin. Ext. P13 is the truecopy of the letter dated 17-1-1981 from the 2nd respondent, Divisional Forest Officer, Divisional Forest Office, Chalakudi, drawing the attention of the first petitioner company to the provisions of the Act, and reminding the first petitioner that the cutting of timber should be effected only after the approval of Divisional Forest Officer concerned was obtained. Ext. P14 is the copy of order passed by the Land Board, Kerala, under the Kannan Devan Hills Assumption of India) Act, 1971.