MATHEW Vs. D F O

JUDGEMENT

(1.) Petitioner in OP No. 8209 of 1995 is now holding 14.85 acres of land in RS No. 1 of Ullipadam Village, Ernad Taluk, which was part of a private forest vested in the Government as per the provisions of Private Forests (Vesting and Assignment) Act, 1971 (Act 26 of 1971). The area was subject matter of OA No. 65 of 1977 of Forest Tribunal, Manjeri, the order of which was confirmed by this Court in MFA No. 439 of 1979. As per the order of the Tribunal, an area of 14.85 acres was handed over to the petitioner on 20.2.1995 after completing all formalities.

(2.) Government of Kerala issued a notification dated 28.2.1989 under S.5(1) of Kerala Preservation of Trees Act, 1986 in the Gazette dated 13.3.1989 directing that no tree standing in the area specified in the Schedule thereto shall be cut, uprooted, burnt or otherwise destroyed except on the ground that the tree constitutes a danger to life or property; or the tree is dead, diseased and wind fallen. Reason for issuing such a notification was that the area is supported by valuable tree growth. Felling of trees in the area would adversely affect the ecological balance and would lead to soil erosion.

(3.) Petitioner, however, submitted an application dated 24.3.1995 before the Forest Range Officer, Nilambur for permission to cut and remove about 1000 bamboo trees for the purpose of raising rubber plantation. According to petitioner, unless bamboo trees are cut and removed, land cannot be used for rubber cultivation. Application submitted by the petitioner was rejected by the Forest Range Officer stating that cutting of bamboos in the vested area is prohibited, since Government has issued notification under S.5 of the Kerala Preservation of Trees Act, 1986. Aggrieved by the said order, petitioner has approached this Court.