GOPALAN NAIR Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) This appeal is against an order of the Forest Tribunal, Kozhikode dismissing the appellant's application for a declaration that the land described therein has not vested with the Government as per S.3(1) of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (for short 'the Vesting Act'). The extent of the land claimed is 17.75 acres in Kavilumpara Village in Badagara taluk. The said land, according to the appellant, forms part of a larger extent of land sold in a court sale in O. S. No. 703 of 1956 of the Munsiff's Court, Nadapuram and a certificate of sale was granted to the appellant as the purchaser in that court sale. The appellant contends that the said area has not vested in the Government for two reasons. The first is that the area has ceased to be forest, as it was brought under cultivation long prior to 10-5-1971 (the appointed date specified for vesting of the forests in the Government as per S.3(1) of the Vesting Act). The second reason is that, even if it is a private forest on the said date he is entitled to the exemption under S.3(3) of the Vesting Act.

(2.) The Forest Tribunal repelled both the said contentions of the appellant and dismissed the appeal. The learned counsel for the appellant has argued that the evidence on record is sufficient to hold that the land has not vested in the Government on account of the exemption under S.3(3) of the Vesting Act.

(3.) S.3(1) of the Vesting Act causes the vesting of all forests in the Government with effect on and from the appointed day, i. e. 10-5-1971, and this vesting process is subject to sub-s.(2) and (3) of S.3. In this appeal the learned counsel for the appellant did not contend that sub-s.(2) is applicable and the appellant's claim is confined to the exemption under S.3(3) of the Vesting Act.