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State Of Kerala And Anr vs The Gwalior Rayon Silk Manufacturing ... on 18 September, 1973 cites

V. Venugopala Varma Rajah, Kollengode, ... vs Controller Of Estate Duty, Kerala, ... on 17 October, 1968

These forests, therefore, have attained a peculiar character owing to their geography and climate and the evidence available to us shows that vast areas of these forests are still capable of supporting a large agricultural population. The several authoritative reports 683 to which reference was made in the, affidavit were made available to us and the extracts therefrom were read out at the time of the. argument. They seem to support what a bench of the Kerala- High Court said in V. Venugopala Varma Rajaa v. Controller of Estate Duty, Kerala(1) in para 6 of the judgment. "It is well-known that the extensive areas of different varieties of plantations that we have got in this State were once forest lands; and it is also equally well- known that year. after year large areas of, forest lands in this State are being cleared and converted into valuable plantations. In the absence of exceptional circumstances such as the land being entirely rocky , or barren for other reasons, all forest lands in this State are agricultural lands in the sense that they can be prudently and profitably exploited for agricultural purposes." This judicial opinion as we have already seen has been referred to in the Statement of Objects and Reasons of the Act. It is, therefore, manifest that when the legislature stated in the Preamble that the private forests are agricultural land, they merely wanted to convey that they are lands which by and large could be prudently and profitably exploited for agricultural purposes.
Kerala High Court Cites 14 - Cited by 5 - Full Document

Balmadies Plantations Ltd. & Anr vs State Of Tamil Nadu on 19 April, 1972

However, this Court has ruled in Balmadies Plantations Ltd. v. State of Tamil Nadu(2) and that decision binds us that a scheme of agrarian reform is essential, apart from taking over of jamman rights, to make the law valid. In the present case a concrete agrarian project is presented by section 10 of the Forest Act- A substantially similar programme was considered by this Court in Kannan Devan's(3) case and approved as sufficient to impart to the statute invulnerability under art. 31A. Notwithstanding the attempt of counsel for the forest owners, to distinguish between the Kannan Devan provisions and section 10 the distinction is without a difference. Once we accept the thesis that developmental orientation and distributive justice are part of and inspire activist agrarian reform, its sweep and reach must extend to cover the needs of the village community as well. What pro- gramme of agrarian reform should be initiated to satisfy the requirement of rural uplift in a particular community under the prevailing circumstances is a matter for legislative judgment. Here, in this field the legislature is the policy maker and the court cannot assume the role of an. economic adviser or censor competent to pronounce whether a particular programme of agrarian reform is good or bad from the point of view of the needs of the community. The sole (1) [1967] 1 S. C. R. 362. (2) [1972] 2 S. C. C. 133. (3) [1972] 2 S. C. C. 218.
Supreme Court of India Cites 53 - Cited by 56 - H R Khanna - Full Document
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