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

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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.

This 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 and, 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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State  of  Kerala  & Anr.,  (2007)10  SCC 414.  The

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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