Tribunal decides that any land is not a private forest or that a
private forest or portion thereof has not vested in the Government ... reserved forests
constituted under the Kerala Forest Act, 1971 and so far as may be applied to
the private forest as are guided
Governor of Kerala in the
Seventy-second Year of the Republic of India.
AN
ORDINANCE
further to amend the Kerala Private Forest (Vesting and
Assignment ... Kerala is pleased to promulgate
the following Ordinance:--
1. Short title and commencement.-- (1) This Ordinance
may be called the Kerala Private Forests (Vesting
Kerala Private Forest (Vesting and
Assignment) Act, 1971 ('Act, 1971' for short), the private forest in the
State has to be surveyed ... private forest. Section 3 of Act, 1971, which deals
with 'private forests to vest in Government', reads thus:
"3. Private forests
Palakkad district. Even when the Kerala Private
Forests (Vesting and Assignment) Act,1971 came into
force, writ petitioners property was not vested with the
Government ... vested with the Government as Vested
Forest under the Kerala Private Forests (Vesting and
Assignment) Act, 1971 . But, a Committee appointed
by the Principal Chief
21045/2007 :9:
gross violation of the Kerala Private Forest (Vesting and Assignment) Act and
the Kerala Land Reforms Act, and has even transferred Kuthakapattom ... Estate having been declared to vest in
the Government under the Kerala Private Forest Vesting and Assignment Act,
1971 and in dispute before the Palghat
before the Forest
Tribunal, such stand of the Forest authorities was
rejected and therefore the State has filed the M.F.A.
(Forest ... Estate owner.
3. In the proceedings initiated under the
Kerala Private Forest (Vesting and Assignment) Act,
1971 , out of the total land under the Estate
which obtained
'pattayam' based on several land assignment rules, Kerala Private
Forest (Vesting and Assignment) Act, 1971 and all other land
assignment Acts ... various Land Assignment Rules issued under Kerala Land
Assignment Act, 1960 , Kerala Private Forest (Vesting and
Assignment) Act, 1971 and all other land assignment Acts
Supreme Court in Kannathat
Thatehunni Moopil Nair, etc. Vs. State of Kerala and Another, reported
in AIR 1961 SC 552. In the said judgment ... challenge. The forest lands in Kerala, before the State reoganisation, were
covered under the Madras Preservation of Private Forests Act, Madras
alleged, inter alia, are under the
provisions of the Kerala Forest Act, 1961 , Kerala Forest
(Preservation, Reproduction and Disposal of Trees and
Timber belonging ... Grown on Land in
the Occupation of Private Persons) Rules, 1975, and the
Kerala Forest (Prohibition of Felling & Removal of Trees
Standing on Land
operations by the sandal mafia in Kerala, a new Forest
Division was established at Marayoor and all the private
sandalwood distilleries in the State were ... Forest dated 19.12.1995. It was stated that
the genuine demand from the temples for sandalwood is
satisfactorily met by the Kerala Forest Department