STATE OF KERALA Vs. CHERIATH JOSEPH

JUDGEMENT

(1.) Assailing the judgment of the District Court, Ernakulam declaring that the proposed notified lands are not liable to be declared as reserve forest, the State is in appeal.

(2.) The proceedings have a chequered history of more than a century!!!. Three notifications were issued under the Travancore Forest Act (Act II) of 1068 (for short, "the 1068 Act") proposing to declare the notified areas, which lie contiguous, as reserve forest. The notifications related to the proposed Alapra, Valiyakavu and Karikattoor reserves. The relevant dates of the notifications under the 1068 Act are as follows: <FRM>JUDGEMENT_28_LAWS(KER)1_2018_1.html</FRM>

(3.) Pursuant to the notifications, claims were raised challenging the right of the Government to notify the said areas as reserved forest. The challenge was on the ground that the land does not fall within the category of lands specified under the Forest Act, which alone are liable to be notified as reserved forest. Originally the claims were rejected by the Forest Settlement Officer as barred by limitation. In appeal A.S. No.333 of 1955, the District Court, Kottayam, held that the claims are not barred by limitation and set aside the order of the Forest Settlement Officer. The matter was remanded to the Forest Settlement Officer directing consideration of the claims on merits. The said order was affirmed by this Court in the judgment in C.M.A. Nos.118 to 122 of 1957.