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State of Kerala - Section

Section 11 in Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003

11. Appeal to the High Court.

(1)The Government or any person objecting to any decision of the Tribunal may, within a period of sixty days from the date of that decision, appeal against such decision to the High Court:Provided that the High Court may admit an appeal preferred after the expiry of the period of sixty days if it is satisfied that the appellant has sufficient cause for not preferring the appeal within the aforesaid period.
(2)The appeal shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a fee of five hundred rupees.
(3)On receipt of an appeal under sub-section (1) the High court may, after giving the parties a reasonable opportunity of being heard, either in person or by a representative,-
(a)confirm or cancel the decision of the Tribunal appealed against; or
(b)set aside such decision and remand the case to the Tribunal for decision after such further inquiry as may be directed by the High Court; or
(c)pass such orders as it may think fit.
(4)If the High Court decides that any land is not an ecologically fragile land or that an ecologically fragile land or portion thereof has not vested in the Government, the custodian shall, as soon as may be, restore possession of such land or portion, as the case may be, to the owner.
(5)If the High Court decides that the compensation determined under section 8 or under section 10 is not adequate and determines a higher compensation, the custodian shall, as soon as may be, pay such compensation as determined by the High Court to the owner of such land.