STATE OF KERALA Vs. AMALGAMATED MALABAR ESTATES P LTD

JUDGEMENT

(1.) M. F. A. No. 235 of 1977 is an appeal filed by the State of Kerala and the Custodian of Vested Forests, Palghat from a common decision passed by the Forest Tribunal, Calicut, on two separate applications field by two Companies, M/s Amalgamated Malabar Estates (P; Ltd., and the Indian Timber and Plywood Corporation Ltd., wherein they had prayed for a declaration that the Eucalyptus Plantations raised by them (in the case of the first Company 180 hectares of land by name Panikara Malavaram situated in resurvey 1/1 of Puduppadi Village, Kozhikode Taluk and in the case of the second Company 340 hectares of land by name Poithana Malavaram of Pallaperuvanna Village, Quilandy Taluk, Kozhikode District) have not vested in the Government under the Kerala Private Forests (Vesting and Assignment) Act, 1971, (hereinafter referred to as "the Act"). S.2(f) of the Act defines Private Forests There is no dispute that the lands in respect of which the declarations were sought for in the two petitions are situated in the erstwhile Malabar District and that the provisions of the Madras Preservation of Private Forests Act. 1947, applied to these lands. The appellants respondents in the applications pointing out that the Eucalyptus Plantations were raised by "the applicants after obtaining the necessary permission from the District Collector under the Madras Preservation of Private Forests Act had contended that such lands are not liable to be excluded from the provision of the Act because eucalyptus is not an agricultural crop. Though under the definition of the term private forest, it would take in relation to the Malabar District [referred to in sub-s.(2) of S.5 of the States Reorganisation Act, 1956], land to which the Madras Preservation of Private Forests Act applied, the definition clause makes specific provision for excluding lands which are principally cultivated with cashew or other fruit bearing trees or are principally cultivated with any other agricultural crops. The Tribunal overruling the objections of the State and the Custodian allowed the applications declaring that the eucalyptus plantations described in the petitions do not vest in the Government under S.3(1) of the Act.

(2.) It might be pointed out here that only one appeal had been filed from the common order in the two applications though the appellants are challenging the decision in each of the two applications. Two separate court fee of Rs. 100 each has been paid. A preliminary objection was taken to the maintainability of a single appeal in respect of two independent proceedings by Sir. K.P. Kesava Menon, learned counsel for the respondents in the appeal. We felt that the objection is justifiable in view of the fact that the appellants are in. effect questioning the decision rendered in two separate applications which are quite independent of each other though the same common question of law arises in both and hence decided in one common order. Before the hearing of the appeal was over, the appellants filed CMP. No. 4287 of 1979 to treat the common appeal as two separate appeals and to condone the delay in filing the appeal from the decision in O. A. No. 138 of 1974. We think in the interests of justice this application should be allowed. We are allowing the same. Any prejudice to the respondents in the matter could well be compensated by payment to them of costs. In the circumstances we are herewith directing that the appellants would pay the respondents' counsel in this court Rs. 500 as costs in the matter of allowing CMP. No. 4287 of 1979.

(3.) The question that arises in MFA. No. 235 of 1977 arises in MFA. No. 346 of 1978 also. There the appellant is M/s Gwalior Rayon Silk Manufacturing (Weaving) Co., Ltd., and the respondents are the Custodian of Vested Forests, Agricultural Forest (Special) Palghat and the State of Kerala. The appeal there arises out of the order dated 5th May 1978 of the Forest Tribunal, Manjeri and made in O. A. No. 124 of 1977 of that forum. The proceedings under S.8 of the Act were originally initiated by the appellant in the Forest Tribunal, Palghat where it was numbered as O. A. No. 64 of 1974. On and after the notification of the Government for transfer of jurisdiction of that Tribunal over and in respect of the Private Forests in Nilambur area to the Forest Tribunal at Manjeri, O. A. No. 64 of 1974 was transferred to the file of the Manjeri Tribunal where it was numbered as O. A. No. 124 of 1977. The appellant in accordance with a Government approved working plan, had developed about 8000 acres into Eacalyptus Plantations for feeding the Raw Material requirements of the Rayon Grade Pulp Factory of the appellant in Mavoor in Kozhikode District. Another extent of about 2000 acres was made ready even before that date to be planted with Eucalyptus. According to the appellant, this plantation was permitted by this Court as per orders passed on the Original Petition No. 1684 of 1977 filed to challenge the constitutional validity of Ordinance No. 14 of 1971 which was later replaced by the Act. The question before the Tribunal was whether the total 10,000 acres of Eucalyptus Plantations stood excluded under S.2(f)(1)(i)(C) from the vesting provisions in S.3(1) of the Act. There was yet another matter in dispute between the parties, if the residential and non residential buildings which where built before the Act came into force in the area and the appurtenant sites would stand excluded from the vesting provisions of the Act under S.2(f)(1)(D). The respondents in the O. A. the respondents in this appeal also denied both the claims of the appellant for this exclusion from the vesting provisions in the Act.