PRAMOD K P Vs. STATE OF KERALA

JUDGEMENT

(1.) This bunch of writ petitions is filed by tribal/forest dwellers, who were given rights to forest land under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (herein after referred to as the "Act 2/2007"). They approached this Court aggrieved by the denial of permission to cut and remove Anjili trees and Jackfruit trees from the settlement area.

(2.) The petitioners, trace out their right for cutting and removing trees based on the Act 2/2007 and also with reference to some of the Government Orders. In this context, it is necessary to understand the nature of right devolved upon them in the light of legislative history related to conservation of forest land.

(3.) Parliament enacted Forest (Conservation) Act, 1980 (herein after referred to as the "Act 69/1980"') with a view to conserve forest land. The Act 69/1980 placed restriction on use of forest land for non-forest purpose; particularity prohibited deforestation, without the permission of the Central Government. Act 69/1980 was enacted, essentially, with the intention of preserving forest and to prevent felling of naturally grown trees.