BALAKRISHNAN NAIR Vs. GOVT OF KERALA

JUDGEMENT

(1.) This matter has been placed before us on a reference made by the learned Single Judge.

(2.) The question is with regard to the interpretation of Section 5(1) of the Kerala Preservation of Trees Act, 1986 which prohibits cutting of trees in the notified area. Contention was raised by the petitioner laying stress on the expression "tree growth" stating that what is envisaged in Section 5(1) is only wild growth and not the trees planted by the petitioner. Counsel submitted Section 5 of the Act enables the Government to issue notification only to preserve tree growth in private forests, or in the Cardamom Hills reserve or in any other areas cultivated with Cardamom and that the words "tree growth" refers only to wild growth and not plantations. Learned Single Judge felt that on the above question an authoritative pronouncement is warranted.

(3.) We heard Senior Counsel Sri.P.N.K. Achan as well as Special Government Pleader for Forests Smt. Susheela Bhat.