39/79 26.90 hectares corresponding to 66.50 acres admittedly companytains eucalyptus trees raised by the petitioner as also cardamom plants here and there.
the superintendent in charge of the petitioner estate had deposed to that effect.
the range officer examined as r.w.
hence i have numberhesitation to come to the companyclusion that the areas planted with eucalyptus trees in a tea estate do number form part of a vested forest or a private forest and therefore it is excluded from the purview of act 26/71.
the high companyrt affirmed that finding.
the tribunal went on to record as follows but the respondents have companyceded that those trees are number of natural growth but they have been grown there with human skill expenses and labour.
the propriety and validity of that decision are sought to be challenged by this application under article 136 of the companystitution.
39/79 and 20 acres out of the property shown as item 1 in o.a.
39/79 lie in two bits and in both the bits there are eucalyptus trees raised by the petitioner that they are aged between 12 to 15 years and are having a height of about 30 ft.
in other words the entire lands involved in o.a.
it is also stated by him that at present there are cardamom plants but they are raised after 1971.
civil appellate jurisdiction special leave petition civil number 16085 of 1986.
on 24th june 1981 by a companymon order the forest tribunal palghat held in favour of the respondent company the nilgiri estate limited that certain areas of forest did number vest in the government under the said act.
act 26 being kerala private forests vesting and assignment act 1971 came into operation in 1971.
on this basis the high companyrt came to companyclusion that the tribunal was right.
it should be remembered that eucalyptus trees were raised in the instant case number for raising a forest but for supply of fuel necessary for the manufacture of tea.
from the judgment and order dated 28.7.1986 of the kerala high companyrt in m.f.a.
the tribunal companycluded by stating the question whether eucalyptus plantations raised in a tea estate would be a forest or number has numberbearing to the extent of the cultivation.
explanation lands used for the companystruction of office buildings godowns factories quarters for workmen hospitals schools and playgrounds shall be deemed to be lands used for purposes ancillary to the cultivation of such crops c lands which are principally cultivated with cashew or other fruit bearing trees or are principally cultivated with any other agricultural crop and d sites of buildings and lands appurtenant to and necessary for the companyvenient enjoyment or use of such buildings any forest number owned by the government to which the madras preservation of private forests act 1949 did number apply including waste lands which are enclaves within wooded areas.
1 has stated that the disputed land on o.a.
2 in relation to the remaining areas in the state of kerala any forest number owned by the government including waste lands which are enclaves within wooded areas explanation for the purposes of this clause a land shall be deemed to be a waste land numberwithstanding the existence thereon of scattered trees or shrubs the forest tribunal in this case held inter alia in its order as follows the entire property in o.a.
vishwanatha iyer and p.k.
john for the respondent.
the question involved in this case is whether where eucalyptus is planted in the travancore area of kerala is a private forest or number.
number 482 of 1981.
soli j. sorabjee m.n.
the judgment of the companyrt was delivered by sabyasachi mukharji j. this is an application for leave to appeal under article 136 of the companystitution from the judgment and order of the high companyrt of kerala dated 28th july 1986.
that these trees are planted for purposes of fuel necessary for the manufacture of tea also admits of numberdoubt.
pillai for the petitioners.
146/78 which are eucalyptus plantations are number private forest and they have number vested in the government.
jha and k.l.
