D. Sreenivasan Vs. State of Kerala and Another
EmailAppeal: Civil Appeal No. 4829 of 1990
Petitioner: D. Sreenivasan
Respondent: State of Kerala and Another
Apeal: Civil Appeal No. 4829 of 1990
Judges: V.N. KHARE & S.N. VARIAVA, JJ.
Date of Judgment: Aug 08, 2000
Head Note:
FORESTS
Kerala Private Forests (Vesting and Assignments) Act, 1971
Constitution, Article 136 – Vesting of private forests – 100 acres of land claimed to be covered by cardamom crop, as exempted – Local inspection showing no such plantation – Concurrent findings by courts below that it was a private forest with no plantation of exempted cardamom. Held that no interference is called for.
(Para 2)
JUDGEMENT:
ORDER
1. The Kerala Legislature passed an Act known as the ‘Kerala Private Forests (Vesting and Assignments) Act, 1971’ (hereinafter referred to as ‘the Act’). The Act provided for vesting of private forests without any payment of compensation. The validity of the said Act has been upheld by this Court. However, the said Act exempted tea, coffee and cardamom plantation from such vesting. Admittedly, the appellant owned an area of 468 acres, which was known as ‘Madhuvanam Estate’. Out of 468 acres, 200 acres were transferred to ‘Devala Estate’. In the remaining 268 acres, the appellant claimed there is cardamom plantation in 100 acres of land. The Forest Tribunal as well as the High Court, both recorded a concurrent findings of fact that the entire land of 268 acres is private forest and no land is covered by cardamom plantation.
2. Learned Counsel, appearing for the appellant, urged that the registration certificate issued by the Tehsildar, clearly shows that the land is covered by a cardamom plantation and the same is not a private forest. The local inspection was made by an advocate commissioner, who did not find any cardamom plantation or any shade trees on the land. Under such circumstances, the Tribunal recorded a finding that the land does not have the cardamom plantation and on the other hand, it is a private forest. The finding recorded by both the courts are concurrent findings of fact, which cannot be interfered with by this Court.
3. The appeal fails and is, accordingly, dismissed. There shall be no order as to costs.
1. The Kerala Legislature passed an Act known as the ‘Kerala Private Forests (Vesting and Assignments) Act, 1971’ (hereinafter referred to as ‘the Act’). The Act provided for vesting of private forests without any payment of compensation. The validity of the said Act has been upheld by this Court. However, the said Act exempted tea, coffee and cardamom plantation from such vesting. Admittedly, the appellant owned an area of 468 acres, which was known as ‘Madhuvanam Estate’. Out of 468 acres, 200 acres were transferred to ‘Devala Estate’. In the remaining 268 acres, the appellant claimed there is cardamom plantation in 100 acres of land. The Forest Tribunal as well as the High Court, both recorded a concurrent findings of fact that the entire land of 268 acres is private forest and no land is covered by cardamom plantation.
2. Learned Counsel, appearing for the appellant, urged that the registration certificate issued by the Tehsildar, clearly shows that the land is covered by a cardamom plantation and the same is not a private forest. The local inspection was made by an advocate commissioner, who did not find any cardamom plantation or any shade trees on the land. Under such circumstances, the Tribunal recorded a finding that the land does not have the cardamom plantation and on the other hand, it is a private forest. The finding recorded by both the courts are concurrent findings of fact, which cannot be interfered with by this Court.
3. The appeal fails and is, accordingly, dismissed. There shall be no order as to costs.
