KUNNATH CHANDRAN Vs. STATE

JUDGEMENT

(1.) PETITIONERS are aggrieved by the notification dated 2.9.1993 issued by the Government of Kerala in exercise of the powers conferred by sub-s.(1) of S.5 of the Kerala Preservation of Trees Act, 1986 (hereinafter called the 'Act') by which Government ordered no tree standing in 60 acres of Kalikavu Village involved in O. A. No. 2 of 1980 be uprooted, burnt or otherwise destroyed except on the ground that the tree constitutes a danger to life or property, or the tree is dead, deceased or windfallen.

(2.) ABOVE mentioned property situated in R. S. No. 91 part was a portion of the Kottachokkadan Malavaram in Kalikavu Village, which was governed by the provisions of erstwhile Madras Preservation of Private Forests Act. Contiguous to the said property, there are forests in the said Malavaram having 875 hectares. Madras Preservation of Private Forests Act 1949 applied to the private forests in the District of Malabar and South Kanara having a contiguous area exceeding 100 acres, which Act was enacted to prevent the indiscriminate distraction of private forests and interference with customary and prescriptive rights therein and for certain other purposes. That Act was later repealed by the Kerala Private Forests (Vesting and Assignment) Act, 1971.

(3.) TRIBUNAL also held that the property was not under personal cultivation of the assignors of the petitioners at the commencement of Act 26 of 1971, and therefore they are not entitled to get exemption under S.3(2) of Act 26 of 1971. Tribunal, therefore, held that property in question is liable to be exempted under S.3(3) of Act 26 of 1971 and held that the property has not vested in the Government under the said Act. O. A. was therefore allowed holding that property is a private forest and the same has not vested in the Government under S.3(3) of Act 26 of 1971. Appeal, M. F. A. No. 648 of 1990 was preferred by the State, and this Court dismissed the appeal. It is, therefore, evident that the property in question is a private forest not vested in the Government under the provisions of S.3(3) of Act 26 of 1971 and the same was governed by the Madras Preservation of Private Forests Act, 1949 before the commencement of Act 26 of 1971.