K.K.NARENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard the learned counsel for appellant and the learned Special Government Pleader for respondents.

(2.) Appeal is against the order passed by the Forest Tribunal, Kozhikode in O.A No.38 of 2004, whereby it was refused to declare that the property shown in the application filed under Section 8 of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (in short 'the Vesting Act') is not a private forest vested under Section 3(1) of the Vesting Act.

(3.) Appellant contended that the land shown in the schedule measuring 1.25 acres forms part of 2 acres of land taken by the appellant's father on an oral lease in 1963 from the land owner Madhavi Nethiyaramma. In 1963 itself, the property was planted with coffee, pepper, arecanut and jack trees besides cultivation of seasonal crops. According to the appellant, the land is not a forest at any point in time. Madras Preservation of Private Forests Act, 1949 (in short 'M.P.P.F Act') did not apply to the property. Therefore, the petitioner sought for a declaration that the property is not a private forest and if at all it is found to be a private forest, he is entitled to get exemption under Section 3(2) of the Vesting Act.