Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Kerala Private Forests |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Kerala Private Forests (vesting and Assignment) Act, 1971 (26 of 1971) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Kerala Private Forests (Vesting and Assignment) Act, 1971:ss. 3(3) and 8 – On facts, respondent-landowners owned a piece ofland with rubber plantation and other trees – Claim of exemptionof the said land from its vesting in the State – Entitlement to – Tribunaldeclared the land as exempted from being vested in the State – HighCourt set aside the order of the tribunal – In appeal before thisCourt, matter remitted to the High Court – After remand, the HighCourt upheld the order passed by the tribunal – On appeal, held:Issue as regards interpretation of s.3(3) and holding of the landand its intended use by the landowner having already decided bythis Court in the earlier round of litigation, the State cannot raisethe same plea again in the second round of litigation after remand– Tribunal rightly based its finding on the documentary evidencefiled by the respondents keeping in view the requirements of s.3(3),that the title was derived by the respondents in relation to the landprior to the appointed day and that the land was found in actualuse by the respondents for their personal cultivation even prior tothe appointed day – Thus, the order by High Court after remandupheld. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 870 |
Petitioner | State Of Kerala & Anr. |
Respondent | Joseph & Anr. |
SCR | [2018] 12 S.C.R. 685 |
Judgement Date | 2018-09-25 |
Case Number | 9912 |
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