KUNJANAM ANTONY Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal, the order of a Division Bench of the High Court of Kerala in M.F.A. No. 513 of 1985, dated October 3, 1990, is brought under challenge.

(2.) The proceedings arise out of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (for short, 'the Forest Act') which came into force on May 10, 1971. Section 3 of the Forest Act is a vesting section which says, inter alia, that notwithstandng anything contained in any other law for the time being in force, or in any contract or other document with effect on and from the appointed day (10-5-1971) the ownership and possession of all private forests in the State of Kerala shall by virtue of that Act stand transferred to and vested in the Government free from all encumbrances, and the right, title and interest of the owner or any other person in any private forest shall stand extinguished. This provision is subject to sub-sections (2) and (3) of Section 3 with which we are not concerned here.

(3.) For understanding the scope of this provision, it is necessary to examine the definition of the expression 'private forest' in clause (f) of Section 2 of the Forest Act. The relevant provision of the definition reads as under :