HOPE PLANTATIONS Vs. LTD

JUDGEMENT

(1.) This is the second round of litigation. Earlier, it was the Taluk Land Board and the State of Kerala which had come to this court in appeal [ca No. 227/78 decided in batch of appeals in Chettian Veetil Ammad and Anr. vs. Taluk Land Board and Ors. 1980 (1 SCC 499] on the question of exclusion of 'fuel area' and 'rested area' from the plantation which is otherwise exempt from the limitation of "ceiling area" under the provisions of the Kerala Land Reforms Act, 1963 (for short 'the Act'). Present appellant had purchased the estate mainly of tea plantation from South India Tea Estatecompany Ltd. which was the respondent in the earlier appeal in this court. (CA 227/78.

(2.) The Act came into force on 1/04/1964. The Kerala Land Reforms (ceiling) Rules, 1970 (for short 'the Rules') have been framed under the Act, which prescribed the Form in which the return/statement is required to be filed by a person having land in excess of the "ceiling area" fixed under the Act or claiming exemption of any land as not falling within the "ceiling area" at all

(3.) Predecessor-in-title of the appellant (South India Tea Estate Company Ltd. ) filed return on 28/03/1970 before the Land Board in relation to tea plantation held by it. (Hereinafter when we refer to the appellant it will mean and include its predecessor-in-title as well). Total area of the land held by the appellant is 4251.19 acres. Out of this an area of 267.16 acres was sought to be surrendered. From the area held by the appellant it claimed exemption under four heads, namely, (1) Tea Plantation; (2 Roads and Building; (3 Area for Fuel Trees; and (4 Other agricultural lands interspersed. By order dated 25/06/1976 Taluk Land Board disallowed substantial claims of the appellant for exemption as 'fuel areas' and 'rested tea area' - Matter was taken up by the appellant to the Kerala High court in revision which by order dated 15/03/1977 restored the claims made by the appellant under those two heads and under the heads 'roads and Buildings' and 'other Agricultural Land interspersed' and remanded the case to the Taluk Land Board for re-determination of the ceiling area. The Taluk Land Board and the State of Kerala which felt aggrieved appealed to this court regarding the claims of exemption under the heads 'fuel area' and 'rested tea area'. This court by judgment dated 2/05/1979 allowed the appeal and restored the orders of the Taluk Land Board. We will have occasion to refer to this judgment in detail at a subsequent stage of this judgment. No final orders, however, could be passed by the Taluk Land board under the Act as it remained seized of the matter under the two heads on which High court had remanded the matter.