GOVERNMENT OF KERALA Vs. VENKATESWARAN

JUDGEMENT

(1.) The State is in appeal challenging the order of the Forest Tribunal, declaring the application schedule property as, not an 'ecologically fragile land' under the Kerala Forests (Vesting and Management of Ecologically Fragile Lands) Act, 2003 (hereinafter referred to as, "the EFL Act"), and for setting aside the EFL notification.

(2.) The application schedule property has an extent of 10.36 acres. It is situated in Re.Sy.Nos.578, 579, 588 and 590 of Vellamunda Village. In an earlier proceeding, the property was exempted from vesting under the Kerala Private Forests (Vesting and Assignment) Act, 1971 (hereinafter referred to as "the Vesting Act"). As on the appointed day under the EFL Act i.e., 2/6/2000, the property was planted with coffee, pepper, vanilla, etc., and hence, the property is not an ecologically fragile land, is the claim.

(3.) The State filed counter contending that the application schedule property is a thickly wooded area, with abundant growth of various species of forest trees. The contention that the property was planted with coffee, pepper, vanilla, etc., as on the date of appointed day, was denied. It was contended that the property predominantly supports natural vegetation and is an ecologically fragile land.