GOVERNMENT OF KERALA Vs. VARKEY CHAKKALAYIL

JUDGEMENT

(1.) O.A Nos 4, 5 and 6 of 2013 are three original applications filed before the tribunal at Kozhikode constituted under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act (for short 'the EFL Act'). The tribunal tried the three original applications jointly and disposed of them by a common order. We therefore dispose of the appeals by a common judgment. The parties are referred to as the claimants and respondents. Respondents 1 and 2 are respectively the government of Kerala and the custodian of ecologically fragile lands.

(2.) The case of the claimants may be briefly stated as follows: Claimants 1 to 3 in OA 4/2013 own the lands shown therein as Bit-I, Bit-II and Bit-III respectively. Those lands measure 9.30 acres, 6.95 acres and 4.90 acres respectively; totalling 21.15 acres. The claimant in OA 5/2013 is the owner of 1.5 acres of land. The claimant in OA 6/2013 owns 1.18 acres of land. All the lands referred to above lie contiguously and are comprised in resurvey No.15/1 of Kodenchery village in Kozhikode district. Every land was brought under cultivation before 2.6.2000. Bit-I in OA 4/2013 contains 3400 areca trees, 200 coconut trees and 700 vanilla plants besides cashew trees, jackfruit trees et cetera. A residential building and a cattle shed are situated in Bit-I. Bit-II is an areca garden. There are coconut trees (200 in number), jackfruit trees and vanilla plants in Bit-II. Besides a large number of areca trees, Bit-III contains coconut trees, pepper vines, cocoa plants, mango trees and jackfruit trees. The third claimant in OA 4/2013 is residing with family in the house situated in Bit-III. The lands in OA 5/2013 and OA 6/2013 are cultivated with arecanut, coconut, pepper, plantain, coffee and mango. The trees referred to above were aged more than 22 years when the applications were filed. There are no forest species trees or natural vegetation in any of the lands. Nor are the lands ecologically fragile lands. The lands of the claimants were notified as private forests under the Kerala Private Forests (Vesting and Assignment) Act. The original applications filed by the applicants were allowed by the forest tribunal, Kozhikode. The order of the forest tribunal was confirmed by the High Court and the Supreme Court. The lands were restored to the possession of the claimants. It was thereafter the same were notified as ecologically fragile lands. The said notification is liable to be set aside. The claimants are entitled to a declaration that the lands are not ecologically fragile lands and therefore not liable to be vested in the government.

(3.) The contentions of the respondents go as under: The lands in question did vest in government under Sec.3(1) of the EFL Act. Therefore the impugned notification has been published. The lands claimed by the claimants are portions of a large extent of area measuring 65.075 hectares notified as ecologically fragile lands. The entire area is vested in the government. The claimants have no manner of right in the lands claimed by them. The lands shown in the applications are not cultivated lands. Forest species like Vatta, Charuvatta, Pottama, Parakam, Kadamb, Cheruthek, Thanni, Kambili, Vellapine et cetera are available in the lands in large quanities. The entire area is covered with dense undergrowth. The area is inhabited by wild animals like elephants, wild pigs, wild boars, sambar deers, barking deers, porcupines, wild rabbits et cetera . The area is a wildlife corridor. There is no human inhabitation in the area. But for remnants of some structure, there is no tiled house in any land claimed by the claimants; although some cash crops are seen in Bits-I to III. The disputed lands support areca trees of the age 18 years amidst the natural vegetation. The claimants have no manner of right, title, interest or possession in the disputed lands.