With the demarcation and identifi cation of that 10 acres the case is sent back to the Forest Tribunal.
The balance 10 acres will vest.
With respect to the trees cut from the properties ordered to be restored to the petitioner, respondents 1 to 3 are directed to companysider the applications filed by the petitioner for issue of transit permits and pass appropriate orders according to law.
If the Custodian has taken possession of the area declared number to vest, he will surrender the same to the re spondent forthwith In terms of this judgment 92 acres being the total of 75 acres 15 acres 2 acres were to be given back to the appellants.
The claim companytested.
In the process of implementation of this direc tion certain lands were returned to the appellants by the Forest officials.
The Custodian shall demarcate this 15 acres in such a manner that it will be companyvenient for the enjoyment of the respond ent.
This fact was realised by the higher officers of the Department and timber transit permits were number issued to the appellants when applied for.
with the Government.
In the result the appeal is partly allowed and the order of the lower companyrt is modified as follows It is declared that 75 acres over which the respondent had planted teak wood, orange and soft wood prior to 14th December, 1949, is held to be number a private forest under the Madras Preservation of Private Forests Act, 1949 and Kerala Private Forests Vesting Assignment Act, 26 of 197 1.
From the Judgment and Order dated 22.9.
This order of the High Court is the subject matter of the present appeal.
These lands companystituted thick forests and had valuable trees thereon.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
Before determining this question also the respondents may give an opportunity to both the petitioners to put forward their companytentions and a final decision may be taken after companysidering their objec tions.
1987 of the Kerala High Court in O.P. Nos.
Another 15 acres under the personal cultivation of the respondent is also held number to vest under the above Act under Section 3 2 of the Act.
S. Krishnamurthy Iyer and E.M.S. Anam for the Appel ants.
3694 3695 of 1989.
But of the rest 2 acres over which the respondent had planted cashew is declared to be number a private forest under Section 2 f 1 i A and C of the Act.
The Judgment of the Court was delivered by RANGANATH MISRA, J. Special leave granted.
401/78 disposed of on 14th of July, 1980, directed It follows that out of 102 acres 25 acres over which teak was planted in 1967 and euca lyptus was planted in 1955 will be private forest companying within the Private Forests Vesting Assignment Act.
S. Poti and P.K. Pillai for the Respondents.
In disposing of the appeal against a decision of the Forest Tribunal under the provisions of the Kerala Private Forests Vesting Assignment Act, 1971, a Division Bench of the Kerala High Court in MFA No.
We have heard learned companynsel for the parties.
There upon the appellants filed a writ petition before the High Court for a direction to the State Government and its offi cers to issue the requisite transit permits to enable the appellants to transport the rosewood trees and other timber.
The rest 10 acres will vest with the Government.
4932 of 1983 and 1091 of 1982.
