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Documents citing Divisional Forest Officer vs P.M.Jalal on 3 April, 2012

State Of Kerala vs M.T.Thankachan on 14 October, 2025

16. The learned Special Government Pleader placed reliance on various precedents of this Court. A Division Bench of this Court in Crl. MC. No. 7347/2017 and Single Judges of this Court in W.P.C. No. 804/2006, Divisional Forest Officer, Malayattoor and Others v. P. M. Jalal and Another [2015 (5) KHC 468], Jose v. State of Kerala and Others [2020 (2) KHC 383] and Thomas Philip v. Forest Range Officer, Erumely and Others [2021 KHC 211] examined the matters concerning the conditions imposed and had no occasion to consider the question from the statutory provisions of the Land Acquisition Act and Land Acquisition Rules as to whether any power is conferred on the Government to vest with the trees which came subsequent to the assignment of the land. 'Vesting' is the W.A.No.1798/2025 -:15:- 2025:KER:81418 process of getting ownership either by divesting ownership or claiming a right or interest over it. In the absence of statutory provisions to vest the trees which grew subsequent to the assignment, the conditions in the patta that the assignee has to take care of all trees standing on the land itself will not confer interest or right on the Government.
Kerala High Court Cites 14 - Cited by 0 - A M Mustaque - Full Document

Rajan Gopalan vs The Divisional Forest Officer on 15 December, 2020

"The State Government has enacted the Kerala Forest (Prohibition of Felling of Standing Trees of Land Temporarily or Permanently Assigned) Rules 1995 (hereinafter referred to as "the 1995 Rules"), Assignment Special Rules,1993 and also the Preservation of Trees Act, 1986 and this Court while referring to these enactments, in The Divisional Forest Officer, Malayattoor and Others v. P.M.Jalal and another, reported in (2015 (4) KLT 566 = 2015 (5) KHC 468), indicated that the three statutes operate for three different objects and purpose. For the land covered under the Special Assignment Rules, 1993 both the Preservation of Trees Act and also the 1995 Rules apply, with respect to the trees covered thereby. Therefore, the assignee is bound by the terms of the patta and is also required by law to preserve the trees mentioned in the patta notwithstanding that they may not be covered by the Preservation of Trees Act, since cutting of trees would result in penal consequences for the violator, under the Kerala Forest Act. The Court observed that the objective of these enactments is for the preservation of ecological balance and protection of soil, which in turn will have direct bearing on the sustenance and protection of environment and forest wealth .xxxxxx"
Kerala High Court Cites 6 - Cited by 0 - P V Asha - Full Document
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