PREMAKUMARI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are the applicants in O.A. Nos. 11/2004 and 12/2004 on the files of the Forest Tribunal, Kozhikode. The aforesaid applications were filed under Sec. 8 of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (hereinafter referred to as 'the Vesting Act") seeking a declaration that the application schedule properties are not private forests as contemplated under Sec. 2(f)(1)(i) and also they are entitled to get exemption under Sec. 3(2) and 3(3) of the Vesting Act, if it is a private forest.

(2.) According to the applicants, the application schedule properties in O.A.No. 11/2004 belonged to Theyyalan, Balakrishnan and Madhavan and they acquired the properties by virtue of registered document No. 174/1957. The application schedule properties in O.A.No. 12/2004 also belonged to the said Balakrishnan and Madhavan by virtue of registered partition deed No. 174/1957. The application schedule properties in both O.As are not 'private forests'; they are 'parambas' without any tree growth, much less any forest growth. The properties on the boundaries are also private lands. So the properties were not notified as a vested forest. Similarly, the Madras Preservation of Private Forests Act ("the M.P.P.F Act" for short) was not applied to the application schedule properties in both O.As. The properties were cultivated with fugitive crops before the appointed day, i.e. 10/5/1971.

(3.) The respondents resisted the said claim contending that the application schedule properties are part of "Nallekkavu Malavaram", a private forest having a total extent of 61 Hectares (more than 100 Acres). It was also contended that M.P.P.F Act was applicable to the said Malavaram and there was no cultivation as contemplated under Sec. 2(f)(1)(i)(b) of the Vesting Act. Further, it was contended that there was no personal cultivation as is within the ceiling limits applicable to the applicants under the Kerala Land Reforms Act and the properties were not holding under a valid registered document of title and there was no kind of cultivation in those properties on the appointed day, i.e, 10/5/1971. Therefore, the applicants were not entitled to get any exemption under Sections 3(2) and 3 (3) of the Vesting Act.