N A PLANTATIONS Vs. STATE OF KERALA

JUDGEMENT

(1.) This original petition had been filed by the petitioner, who claimed exemption of the lands notified under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 (hereinafter referred to as 'EFL Act'). The petitioner claims exemption on the ground that the entire area is a plantation. An Advocate Commissioner was deputed who had filed a report before the Forest Tribunal. The Advocate Commissioner, in his report, produced certain plans as well. In the report it is stated that in certain areas there is scattered plantation and details of those plantation are also mentioned in the report.

(2.) The petitioner filed an application and sought for deputing the Advocate Commissioner once again to measure out the area where plantation is situated. The said application had been dismissed by the Tribunal as per Ext.P11 order dated 5.1.2018. The Tribunal found that the total area notified was 154.0347 hectares to which there was no dispute. Two plans were appended along with the report - C3 showing extent of EFL as 5.7568 hectares and the other C4 showing extent as 148.2674 hectares in survey 291 part. However, the total extent is shown in the plans though the area of each shaded portion is not given. The Tribunal found that since the extent is not disputed, there is no necessity to remit the commission report and plans for finding out the area of each shaded portion in C3 and C4 sketches.

(3.) The main contention urged by the learned counsel for the petitioner is that the application was specifically filed to submit a fresh report and plan incorporating the measurements and extent of the areas specifically demarcated and shown in different colours by the Advocate Commissioner. In Ext.P5 report, it is stated that there are certain areas covered by coffee plants which was specifically marked in brown colour in the plan. Further it is stated that there is a number of ditch or trench-like structures (coconut basins) in a systematic pattern in the north-eastern portion of the disputed land resembling remnants of once existed coconut palms which is also marked in green colour. The Commissioner counted the coconut basins as 70. Further, it is mentioned in paragraph 10 of the report that the Advocate Commissioner noticed scattered presence of coffee, pepper, cashew plants and silver oak in the area marked in the northern portion of the disputed property which is coloured in red.