STATE OF KERALA Vs. P S JOSEPH

JUDGEMENT

(1.) This appeal is filed by the State under S.8A of the Kerala Private Forests (Vesting and Assignment) Act, 1871 (Act No.26 of 1971) (hereinafter referred to as 'the Act') against the decision of the Forest Tribunal, Kozhikode. Possession of a small rubber plantation owned by the first respondent/applicant was objected to by the forest officials. Then, he filed an application under S.8 of the Act for declaring that the petition schedule property is not a private forest vested with the Government. The Forest Tribunal found that the above property is not vested with the Government and the applicant is entitled to the benefit of S.3(2) and 3(3) of the Act. The extent of the Property involved is only 1 acre 22 cents. At the time when the application was filed, the land was a pucca rubber estate, The Act itself was intended to promote agriculture and distribute the excess land to landless poor people. Statement of objects and reasons was published in the Kerala Gazette dated 27-7-1971. It is as follows:

(2.) Private forests as defined in the Kerala Land Reforms Act, 1963 (1 of 1964), are exempt from the provisions relating to ceiling on ownership and possession of lands in that Act. There is scarcity of land in the State. The density of population in the State is also very high. The surplus lands which may be available by the implementation of the ceiling provisions of the Kerala Land Reforms Act, 1963 (1 of 1964) and the lands already in the possession of the Government and available for assignment may not be sufficient to meet the demand for land from the agricultural labourers. It may also be against the directive principles of State policy to allow a few persons to be in ownership and control of these agricultural lands. Therefore, Government consider that such lands should be taken over as a part of the agrarian reforms in the State and utilised for distribution to agricultural labourers, for the promotion of agriculture and for the welfare of the agricultural population in the State.

(3.) The contention of the Government is that the property in question deemed to be a private forest as it was covered by the Madras Preservation of Private Forest Act, 1949. The applicant had a case that even the lands covered under the MPPF Act will not become private forest if it is a garden land as defined under the Kerala Land Reforms Act or a plantation and applicant's land was recognised as a paramba. But, the major contention raised was that assuming that it is a land covered under the MPPF Act and it is a private forest, applicant is entitled to get exemption under S.3(2) and 3(3) of the Act. S.3(1) of the Act provides for vesting of private forests in the State of Kerala as on the appointed day, that is, 10th May, 1971. S.3(2) and 3(3) of the Act are as follows: