9911796707
TMI Blog1994 (8) TMI 294X X X X Extracts X X X X X X X X Extracts X X X X ..... eversing the order passed by the Forest Tribunal, holding that the applicants before the Forest Tribunal are entitled to retain 60 acres of land in terms of section 3(2) of the Kerala Private Forests (Vesting and Assignment) Act, 1971, (Act' 26 of 1971), hereinafter called the Act. 2. The facts relevant for the decision of this appeal ate in a harrow compass. The respondents (hereinafter called the applicants) filed a petition under section 8 of the Act before the Tribunal for the settlement of the dispute alleged by them. It was claimed that the property shown in the petition, 60 acres of land in R.S. 25/part and R.S. 31/2A of Chungathara village, Ernad Taluk, did not vest in the Government under section 3 of the Act. The Forest Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3(2) of the Vesting Act. The Custodian was directed to identify the property in the presence of the representatives of the applicants and hand over the same to the applicants. Aggrieved by the aforesaid Judgment of the High Court, the State of Kerala and the Custodian have come up in appeal, 4. We heard Mr. M.A. Firoz, counsel for the appellants and also Mr. G. Vishwanatha Iyer, Senior Advocate who appeared for the respondents. Counsel for the appellants urged the following three points. They are : (1) In adjudicating the appeal filed under section 8A of the Act, the High Court was in error in reappreciating the evidence and in holding that the land in dispute formed part of the private forest held by the applicants and under their perso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g effect to the Judgment under appeal, appropriate adjustments should be made by the concerned authorities. 6. In order to appreciate the rival pleas urged before us, it will be useful to quote sections 3(1), 3(2) and 3(3) of the Act and section 8A of the Act : "3. Private Forests vest in Government. (1) Notwithstanding anything contained in any other law for the time being in force, or in any contract or other document, but subject to the provisions of sub-sections (2) and (3), with effect on and from the appointed day, the ownership and possession of all private forests in the State of Kerala Shall by virtue of this Act, stand transferred to and vested in the Government free from all encumbrances, and the right, title and interest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orm and shall be verified in the prescribed manner and shall be accompanied by a fee of one hundred rupees. (3) On receipt of an appeal under sub-section (1), the High Court may, after giving the parties a reasonable opportunity of being heard, either in person or by a representative- (a) confirm or cancel the decision of the Tribunal appealed against; or (b) set aside such decision: and remand the case to the Tribunal for decision after such further inquiry as may be directed; or (c) pass such other orders as it may think fit." 7. The Act provides for a regular/first appeal to be High Court under section 8A, from the order passed by the Forest Tribunal. On a mere look of section 8A of the Act, we are of the view that in deciding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the aforesaid documents show that the lands in dispute form part of the private forest held by the applicants and under their personal cultivation at the time of coming into force of the Vesting Act, namely, on 10.5.71. We are satisfied that the above findings and conclusions are justified in law. 9. Similarly, regarding the extent of land which the applicants can retain, the High Court referred to Exhibit A5, a genealogy chart of the family and also Exhibit A12, dated 27.2,63, registered copy of Karar, executed in the applicants Thavazhi, to hold that on 10.5.71, the thavazhi had atleast 10 members and at the relevant time, the thavazhi (family) could retain a minimum 75 acres. Since the land in dispute was only about 60 acres in extent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thereof. To put the matter beyond doubt we may state that the custodian will proceed on the premise that the applicants are entitled to exemption from vesting under Section 3(3) of the Act and the only question which he will enter upon will be as regards to the area allocable keeping in mind the ceiling area and Section 82 of the Kerala Land Reforms Act, 1963. It is needless to clarify that the total area allocable will in no case exceed 1680 acres but on account of the applicants having any other land or opting for any other land there may be shrinkage in the total area claimed. The benefit of the shrinkage, if any, will go to the State Government. We may also clarify that the area to be allocated will be on the right bank of Shaliyar Rive ..... X X X X Extracts X X X X X X X X Extracts X X X X
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