Full Judgment Text
Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.7694 OF 2009
The State of Kerala & Anr. ….Appellant(s)
VERSUS
Gouri & Ors. …Respondent(s)
J U D G M E N T
Abhay Manohar Sapre, J.
1) This appeal is filed by the State against the final
judgment and order dated 10.08.2007 passed by the
Division Bench of the High Court of Kerala at
Ernakulam in M.F.A. No.297 of 2001 whereby the
High Court allowed the MFA filed by the respondents
Signature Not Verified
Digitally signed by
ANITA MALHOTRA
Date: 2018.09.27
15:58:10 IST
Reason:
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herein (land owners) and set aside the order of the
Forest Tribunal.
2) Few facts for the disposal of this appeal need
mention hereinbelow.
3) At the outset, we consider it apposite to mention
that this appeal was heard analogously with the Civil
Appeal No.9912/2010 because the controversy
involved in this appeal and in Civil Appeal
No.9912/2010 was identical in nature. This Court by
detailed order passed today has dismissed Civil
Appeal No.9912/2010.
4) Having heard the learned counsel for the
appellant (State) and on perusal of the record of this
case and keeping in view our reasoning contained in
the detailed order passed in Civil Appeal
No.9912/2010, we find no good ground to interfere
with the impugned order for the following reasons.
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5) First, so far as the question of interpretation of
relevant provisions of Kerala Private Forests (Vesting
and Assignment) Act, 1971 (hereinafter referred to as
“the Act”) is concerned, this Court has dealt with the
said question in detail in the order passed in Civil
Appeal No.9912/2010. It would be applicable to this
case also while examining the facts of this case
because the case at hand also arises out of the same
Act.
6) Second, so far as the issues relating to
respondents’ land is concerned such as when the
respondents acquired the land in question, whether
such acquisition by the respondents was prior to the
appointed day, i.e., 10.05.1971 or later and, if so,
how it was made, whether the acquired land was
being used for personal cultivation by the landowners
(respondents herein) and, if so, since when, all these
questions were examined by the High Court and the
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categorical findings were recorded in respondents’
favour by setting aside the findings of the Tribunal.
7) In other words, the High Court held that the
land was acquired by the respondents (landowners)
prior to the appointed day and was being used for
personal cultivation by the respondentslandowners.
These findings were recorded on the basis of the
commissioner’s report, who made on the spot
inspection of the land in presence of both the parties.
8) These findings are based on proper appreciation
of evidence. No kind of any perversity or arbitrariness
or illegality is noticed in these findings. In other
words, these findings satisfy the twin requirements
of Section 3 (3) of the Act and, therefore, entitle the
respondents to claim exemption of their land from
being vested in the State under the Act. In our view,
these findings are rendered in conformity with the
law laid down by this Court in Joseph & Anr. vs.
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(2007)10 SCC 414. The
State of Kerala & Anr.,
High Court, therefore, rightly held that the
respondents are entitled to claim exemption of their
land in question.
9) In view of the foregoing discussion, we find no
merit in this appeal.
10) The appeal thus fails and is accordingly
dismissed.
………...................................J.
[ABHAY MANOHAR SAPRE]
…...……..................................J.
[S. ABDUL NAZEER]
New Delhi;
September 25, 2018
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