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15. The first category is: any forest land held by any person subject to the condition that such land is lying contiguous to or encircled by either reserved or vested forest or any other forest land owned by the Government. Further such land predominantly supports natural vegetation. The expression forest land itself is not defined under the said Act but the expressions 'forest' and 'land' are individually defined under S.2(c) and

(d) "land" includes rivers, streams and its origin and other water bodies;"

16. The expression 'forest' is defined as any land principally covered with naturally grown trees and undergrowth. The expression also takes within its purview any forest "statutorily recognised and declared either as reserved forest or protected forest or otherwise". From the definition of the forest it can also be noticed that certain categories of land used principally for cultivation of crops for long durations are excluded from the purview of the definition of expression forest, though such lands might otherwise satisfy the definition of the expression forest. This aspect of the matter shall be examined at the appropriate place in the judgment.

21. The third category of Forest contemplated under S.2(c) is an omnibus category which does not fall either under the expression 'reserved forest' or 'protected forest'. Under this category fall 'private forests' as defined under the Kerala Private Forest (Vesting and Assignment) Act, 1971. Under the said Act the expression private forest is defined under S.2(f) as follows:

"(f) "private forest" means -

under the abovementioned Act, a finding which is confirmed by the highest Court of this country. Therefore, these lands cannot be treated as ecologically fragile lands merely because they are lying contiguous to or encircled by a reserve forest or a vested forest.

25. The learned Additional Advocate General, however, argued that the expression "forest" is defined under S.2(c) of the Ecologically Fragile Lands Act in very wide terms to mean, any land principally covered with naturally grown trees and undergrowth. The learned Additional Advocate General, therefore, submitted that as a matter of fact the lands in dispute are covered with naturally grown trees and undergrowth because  of the fact that for the last about 30 years the same was not admittedly cultivated by any plantation. Such a consequence is a result of the fact that the lands were declared to be vested in the State under the provisions of the Kerala Private Forests (Vesting and Assignment) Act, 1971. Therefore, notwithstanding the fact that the respondent was deprived of the possession and right to cultivate the lands on a wrong interpretation of the Private Forests Act, the fact situation as on today is that the land is covered with naturally grown trees and undergrowth and, therefore, a "forest" which, as a consequence, becomes "ecologically fragile land"