Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2(f) 3 Kerala Private Forests (Vesting and Assignment) Act 1971: ss. 2(a) 6 and 8 – |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Kerala Private Forests (vesting and Assignment) Act, 1971 (26 of 1971) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Kerala Private Forests (Vesting and Assignment) Act, 1971: ss. 2(a), 2(f), 3, 6 and 8 – Kerala Land Reforms Act, 1963 – ss. 2(47) and 81 – Private forests – Meaning of – Nature of land – Determination of, by Taluk land Board – Evidentiary value of – Held: Where the Land Board arrives at a determination about the character of lands, under the Act of 1963, that becomes a piece of evidence for the purposes of the Vesting Act – Unless a contrary state of affairs shown to exist, the Board’s order to be given due weight – On facts, rounds of litigation between the State and the respondent – Respondent claiming that they were owner of 1534.40 acres of land which was acquired by sale, and forest authorities attempted to take possession of large areas of land occupied by the respondent on the ground that they were private forests and were vested in the State – Draft statement by the Taluk Land Board, wherein respondent shown to hold 1576 acres of land, of which 1537 acres fell under the exempted category, and that respondent was eligible to retain the balance extent within the ceiling area; and that there was no surplus land to be surrendered to the State – High Court correctly invoked the Board’s order and held that an area of slightly over 100 hectares and 155.90 acres was forest land that vested in the State, and the rest of the 1534.40 acres land had to be treated as plantation, and thus, belonged to the respondent – High Court placed reliance on preliminary and final report by the Commissioner, draft statement of the land, respondent’s auditor’s balance sheet, agricultural income tax, sales tax return, and employees provident fund – All these materials, support the conclusions of the High Court, based on plausible (and not an unreasonable) inference of the overall analysis of the evidence on the record – Thus, the order of the High Court does not call for interference – Madras Preservation of Private Forests Act, 1949.Constitution of India: Art. 136 – Discretionary Jurisdiction – Exercise of – Held: Where two plausible views on the conclusions that can be drawn from facts on the record exist – View taken by the High Court being a plausible one, interference with the findings of the High Court is not called for. |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2021 INSC 693 |
Petitioner | State Of Kerala & Anr. |
Respondent | M/s Popular Estates (now Dissolved) & Anr. |
SCR | [2021] 11 S.C.R. 541 |
Judgement Date | 2021-10-29 |
Case Number | 903 |
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