MUHAMMADKUTTY Vs. FOREST TRIBUNAL

JUDGEMENT

(1.) This is an appeal under S 8A(1) of the Private Forests (Vesting and Assignment) Act, 26 of 1971, for short the Act, from an order of the Tribunal refusing to remit to the commissioner his report for furnishing certain additional details about a land or in the alternative for the Tribunal making a local inspection of the land It arises in a proceeding started on an application filed by the appellant before the Tribunal under S.8(1) of the Act claiming the land to be not private forest. In it a commission was issued and the commissioner filed report. It was that report that was sought to be remitted to him.

(2.) S.8A(1) of the Act provides for appeal only from decision of Tribunal. But is every order it passes in the proceeding its decision The argument here revolves round the words "any decision of the Tribunal" occurring in S.8A(1).

(3.) Application under S.8(1) is contemplated only when there is a dispute as to whether or not the land concerned is private forest or the private forest is vested in the Government. If the tribunal decided that matter in favour of the applicant and no appeal was preferred against that decision within the specified time or if an appeal was filed and it was dismissed or if the Tribunal decided the matter against the applicant and in appeal therefrom the appellate court decided the matter in his favour, then under S.8(3) or 8 (4), as the case may be, of the Act the custodian had to restore possession of such land to the person in possession thereof immediately before the appointed day. The "decision of the Tribunal" mentioned in all those places is its final decision on the application under S.8(1) of the Act. In that context when S.8A(1) provides for appeal from "any decision of the Tribunal" it necessarily means any decision of the Tribunal on the application under S.8(1) of the Act.