K.T. Thomas, J. - (1.)An application filed under Sec. 8 of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (for short 'the Vesting Act') was allowed by a Forest Tribunal holding that the land involved therein is not a private forest. This appeal by the State of Kerala and custodian of vested forests is in challenge of the said order.
(2.)The property involved in the case has an extent of about 3 acres and is lying in survey No. 1206 of Thiruvallamala Village in Thalappally Taluk (Trichur District). Respondent advanced a case that she was cultivating the land for a long time and that on 6th October 1981 some forest officials resisted the workmen of the Respondent who were carrying out agricultural operations in the property. Such resistance was made under the pretext that the land was private forest which vested with the Government. Respondent filed the application for a declaration that it is not a private forest, nor has any notification been issued in respect of the same.
(3.)According to the Government, the disputed land is covered by a notification issued under Rule 2 -A of the Kerala Private Forests (Vesting and Assignment) Rules, 1974 (for short 'the Vesting Rules') and the said land has vested with the Government under the provisions of the Vesting Act.
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