STATE OF KERALA Vs. K THOMAS SEBASTIAN

JUDGEMENT

(1.) The only question that arises for consideration in this M.F.A. is whether the Forest Tribunal has jurisdiction to entertain a petition under S.8-B of the Kerala Private Forests (Vesting & Assignment) Act (Act 26/71) for short the Act to review an order passed by it subsequent to 19.11.1983, the date with effect from which the Amendment Act 36/86 introduced S.8B into the original Act.

(2.) O. A. No. 27 of 1985 was filed before the Forest Tribunal by the respondent in this MFA under S.8 of the Act for a declaration that the schedule property mentioned in the said petition was never a vested forest but was a plantation on 10.5.1971 and in any even the is entitled to get a relief either under S.3(2) or 3(3) of the Act. The Tribunal by its order dated 18.6.1986 allowed the said O.A. on 31.3.1987 are view petition in I.A. No. 361 of 1987 was filed before the Tribunal by the appellant in this MFA seeking review of its earlier order dated 18.6.1986. The Forest Tribunal took the view that the review petition filed by the appellant under S.8-B of the Act is not maintainable and hence this MFA to this Court.

(3.) S.8-B as well as S.8-C and 8-D were inserted by Amendment Act 36/86 giving retrospective effect from 19.11.1983. Before it was introduced by Amendment Act 36/86 the above provisions were introduced to the main Act initially by way of the Kerala Private Forests (Vesting & Assignment) Amendment Ordinance 1983 (39/83) which came into effect on 19.11.1983, and the same was exempted from time to time until it became Amendment Act 36/86 as mentioned above. The preamble to Act 36/86 contains the reason for the amendment The recitals in the preamble, which in our view, are relevant for the consideration of the present M.F.A. are as follows: