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Kottal Ayishumma vs State Of Kerala And Anr. on 25 August, 1998

Forest Tribunal as we have already indicated, has specifically found that the land in question is not a private forest within the meaning of the Kerala Private Forests (Vesting and Assignment) Act and the same is not liable to be vested in the Government. Since the land is not a private forest within the meaning of the aforesaid Act and not a Cardamom Hill Reserve and that the area in question is not cultivated with cardamom, in our view, Sub-section (1) of Section 5 of the Kerala Preservation of Trees Act would not apply to the land in question. Reference may also be made to the judgment of the learned single Judge in Kottal Avishumma v. State of Kerala with which we fully concur. In such circumstances, we allow this original petition and quash Exts. P7 and P8 notifications since the lands in question are not private forests within the meaning of the Vesting Act, 1971.
Kerala High Court Cites 7 - Cited by 1 - K A Gafoor - Full Document
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