THE JOINT RECEIVERS OF NILAMBUR KOVILAKAM FORESTS AND ORS. Vs. THE STATE OF MADRAS, REPRESENTED BY THE SECRETARY, FOOD AND AGRICULTURE DEPARTMENT AND ORS.

JUDGEMENT

(1.) These petitions have been clubbed, as they raise common questions and also relate to the same Nilambur Kovilakam Forests in Gudalur Taluk in Nilgiri District. For disposal of these petitions, it will suffice to notice the facts in Writ Petition No. 2144 of 1965. The Petitioner in that case is a Receiver who came to be appointed as such in the following circumstances. There is Original Suit No. 22 of 1961 on the file of the Court of Subordinate Judge, Kozhikode for partition of the forests. There are as many as 112 sharers. Pending suit, joint Receivers were appointed and, with the leave of that Court, the petitions have been filed. The Nilambur Kovilakam owns extensive forests in the District of Kozhikode in the State of Kerala and Gudalur Taluk, Nilgiris District in the State of Tamil Nadu. On June 27, 1963, the Receiver was served with a memorandum of the Special Range Officer, Gudalur, enclosing a notice under Sec. 3(1) of the Madras Private Forests (Assumption of Management) Act, 1961, which stated that the Government desired to take over the management of the private forests mentioned therein, namely, S. No. 251 in Padathorai Village, Gudalur Taluk, of an extent of 43 acres and 6 cents. Similar notices were issued in respect of other Survey Numbers in the estate. Objections were filed; but, without personal hearing not that we decide that it is required the Government eventually intimated that the Assistant Conservator of Forests should be given possession of the forests comprised in S. No. 251. The validity of the notification is in challenge in these petitions.

(2.) Mr. M.K. Nambiar appearing for some of the Petitioners submits: (i) The Madras Private Forests (Assumption of Management) Act, 1961, (hereinafter called the Forest Act) is inconsistent with the Land Reforms Act (Act LVIII of 1961) as amended by Madras Act XX of 1972 and is void and unenforceable. (ii) The Forest Act cannot fell within Article 31 -A of the Constitution and, therefore, is not protected from challenge under Articles 14, 19 and 31. (iii) Even if the forest Act is held constitutional, for any reason, the order of taking over management of the forests is ultra vires of the Act.

(3.) On the view we take on the first of these propositions, we consider it unnecessary to consider the rest of them. It is not in dispute that Madras Act LVIII of 1961 as amended would now apply to the Nilambur Kovilakam forests. That Act provides for fixation of ceiling on agricultural land holdings which include the private forests now in question and for certain other matters connected therewith in this State. Ss. 5 and 6 of the Act fix the ceiling area in the case of every family consisting of not more than five members. The ceiling, as the Act stands at the moment, is fixed at 15 standard acres. By reason of Sec. 7, on and from the date of the commencement of the Act, no person shall, except as otherwise, provided in the Act, but subject to the provisions of Chapter VIII, be entitled to hold land in excess of the ceiling area. The Act came into force on April 1, 1960, and the amendment extending the scope of the Act to private forests came into force on March 1, 1972. Sec. 8 provides for furnishing of returns and Clause (viii) of this Sec. gives the person concerned the choice of retention of whatever land he would suggest within the ceiling area. Then follows the procedure for dealing with the returns and, eventually, by Sec. 18, acquisition of the surplus land is provided for. After publication of final statement under Sec. 12 or Sec. 14. Government shall, subject to Ss. 16 and 17, publish a Modification to the effect that the surplus land is required for a public purpose. On such publication, the land specified in the notification together with the trees, buildings, machinery and plant or apparatus on the land be deemed to have been acquired for a public purpose and vested in the Government free from all encumbrances with effect from the date of such publication and all right, title and interest of all persons in such land with effect from the said date be deemed to have been extinguished. This provision read with Sec. 7 would mean this, that from the date of commencement of the Act the person concerned will not be entitled to own land in excess of the ceiling area. The vesting of the excess in the Government takes place on the notification under Sec. 18 and it is only then all right, title and interest of such person in the land will stand extinguished. Chapter III of the Act deals with ceiling on future acquisition and restrictions on certain transfers with which we are not concerned. By Sec. 50, payment of compensation is provided for in respect of the excess lands notified and taken over. The compensation is to be computed according to the rate specified in Schedule III to the Act. The lands taken over axe to be surveyed, as required by the provisions of Chapter VII. Cultivating tenants in ceiling area are given certain rights under Chapter VIII. The next chapter provides for certain exemptions. The land in excess over the ceiling area which has been taken over and vested in the Government is to be distributed in accordance with the provisions of Chapter XIII. It may, therefore, be seen that the scheme of the Act is to fix a ceiling and whatever is in excess is to be taken over by Government for the purpose of distribution to the landless and also to pay compensation at the specified rate to the persons who have been deprived of the excess over the ceiling. To put it differently, what the Act does is to acquire an estate and distribute, that is to say, acquisition in the sense of Article 31(2A) and Article 31 -A(a) of the Constitution.