GOVERNMENT OF KERALA Vs. V. MUHAMMED NISSAR

JUDGEMENT

(1.) Quintessential question arising for decision in this appeal preferred by the State Government, against the decision by a Tribunal, constituted under Section 9 of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 (in short, "the EFL Act"), is whether it has jurisdiction to remand a case to the Custodian, as defined under Section 2(a) of the EFL Act, to comply with the formalities under Section 3(2) of the said Act. Essentially the question is one relating to the Tribunal's jurisdiction to remand a case to the Custodian on the premise that the Tribunal exercises an appellate jurisdiction on the Custodian's decision.

(2.) Heard the learned Special Government Pleader appearing for the appellants and learned counsel appearing for the respondent.

(3.) Relevant facts, in nut shell, are as follows: Respondent filed an application under Section 10(1) of the EFL Act before the Tribunal praying to declare that two parcels of lands having extent of 8 acres and 7 acres comprised in re-survey No. 574 in Vellamunda in Mananthavady Taluk in Wayanad District, covered by notification No. C4-21437/2000, are not ecologically fragile lands. It is contended that the lands are not vested in the Government under the EFL Act. It is pertinent to note that the EFL Act came into force with effect from 02/06/2000.