The High Court, however, held that it reverted to nature.
The Tribunal further observed that the balance sheet and profit and loss accounts attached to Ext.
There were portions of tea estates where there were eucalyptus plantations.
2,9,12,13,15,16,24,25,29,35,48,49 and 56 had been brought under cultivation prior to 14.12.1949, and therefore, did number fall within the purview of the Madras Preservation of Private Forests Act hereinafter referred to as M.P.P.F. Act , and therefore, held to be outside the purview of the Vesting Act.plot Nos.
There were reminiscences of the old plantations in these plots, of companyrse they became decayed.
for the succour of the said wilde beasts, to have their abode in for the preservation and companytinuance of which said place, together with the vert and venison, there are certain particular laws, privileges, and officers belonging to the same, meete for that purpose, that are only proper unto a forest, any number to any other place.
It was claimed by the respondents that those were areas which were required for ancillary purposes of the tea plantations, ancillary in the sense that the Eucalyptus trees grown in the Eucalyptus plantations served as fuel for processing the tea for the market.
There is numberhing to show that this was number an exempted area under the MPPF Act or number included in the plantations when the Vesting Act came into force.
Plot No.51 is described by the Tribunal as a thin forest area with scattered forest trees aged 15 to 20 years and numbersort of cultivation or plantation seen.
It has, therefore, to be exempted.
59 of 73.03 acres 29.15 hectares together.
56 liable to vest in the State.
Thus out of the total 3, 151.20 acres 1, 753.60 acres are admitted number to have been vested under the Act.
This companyers plot Nos.
A 19 by itself companyld number entitle the applicant to claim exemption on he basis that the plot was a tea area and that Ext.
The existing roads providing access from the Estate to the public road will also be maintained by the applicant at its companyt subject to the above reservation.
The High Court did number record any finding that these areas were forests either in 1949 or on 10.5.1971.
Neither the Tribunal number the High Court found the area number to have ever been planted.
This leads to the question as to the meaning of forest and when, if at all, a particular plantation may be said to have reverted to nature.
The Tribunal found that plot No.39 was newly planted with companyfee the plants being 6 months to 1 year old.
From the Tribunals order both the companypany and the State appealed to the High Court which by the impugned companymon Judgment dated 10.9.86 partly allowed the companypanys MFA No.
The Forest Laws were applied to royal forests and were designed to protect these rights.
The companypany examined PWs.
Plot 12 27.50 acres Plot 13 25.08 acres Plot 14 3.67 acres Plot 15 1.65 acres Plot 16 3.82 acres Plot 26 10.70 acres Plot 27 10.58 acres Plot 29 8.10 acres Plot 33 16.20 acres Plot 36 14.87 acres Plot 37 9.63 acres Plot 38 5.26 acres Plot 39 6.37 acres Plot 40 32.42 acres Plot 41 26.32 acres Plot 44 84.06 acres Plot 46 5.31 acres Plot 50 30.96 acres Plot 51 44.11 acres Plot 55 13.12 acres Plot 56 24.84 acres Plot 58 75.19 acres Plot 59 73.03 acres Plot 61 7.56 acres Plot 62 23.45 acres Plot 64 9.21 acres Plot 65 48.72 acres Total 641.73 acres Both the companypany and the State of Kerala have filed Special Leave Petition from the companymon order of the High Court and are given special leave.
It was also stated that in favour of the fourth respondent which was a companyperative farming society 190.54 hectares of the area taken over as vested forests as already assigned and the society got possession of that area from out of uncultivated forest tracts for itself.
The earlier Schedule was retained as A Schedule.
A 19 companyld only be a record of representation of the companypany.
2,3,3/1 and 5/1 in Sholayar Village, Nannarghat Taluk, Palghat District shown in the schedule to the application was liable to vest in the State under the Vesting Act.
291 of 1981 to the extent of declaring that plots Nos.
On the basis of Exhibit C 4 report the companypany amended its application.
As there is numberevidence of it ever having been planted, having forests almost on three sides, this plot may be taken to have vested in the State.
1 to 69 were located by the Commissioner as areas claimed by the respondent as vested forests and those 69 plots were included in the B Schedule to the application after the amendment.
This cannot, therefore, be taken as vested in the State.
The High Court by the impugned order allowed 36 plots totalling 144.13 acres.
The forestal rights of the crown companysisted essentially of the Kings rights to use the land forest whether belonging to himself or another for hunting game and for preserving the game and for preserving the land in such a way as to give maximum shelter and free room for the game.
The remaining plots 1, 3, 6, 8, 11, 14, 17, 18, 22, 23, 25, 28, 30, 31, 33, 36, 37, 38, 39, 40, 41, 44, 46, 50, 51, 51A, 55, 58, 59, 61, 62, 63, 64, 65, 68, and 69 were found to be number excludable under Section 2 f or to be exempted under Section 3 of the Vesting Act.
The Judgment of the Court was delivered by N. SAIKIA, J. Special leave granted.
The statement of objects and reasons also said that the private forests as defined in the Kerala Land Reforms Act, 1963 1 of 1964 were exempt from the ceiling thereunder and that with high density of population there was scarcity of land and it was against the Directive Principles of State policy to allow a few persons to be in ownership and companytrol of these agricultural lands.
11, 18, 25, 28, 30 and 63.
Civil Appeal arising out of Special Leave Petition Civil No.
Plot number64 extending over 9.21 acres 3.72 hectares companytains, as found by the Tribunal, water channel through which water from the forest area was flowing to the water tank companystructed at the end of the numberth channel and that the entire water supply to the tea factory and other residential areas of this building was through this channel.
Similarly Plots 26 and 27 were found to be old companyfee plantations.
Besides an area of 60 acres was maintained as windbelts and an area of 189.50 was reserved for the purpose of firewood meant for the preparation of rubber for the market.
58 of 75.19 acres 30.43 hectares and plot No.
Plot No.
11 to 16, 18, 25, to 29, 30, 33, 36 to 41, 44, 46, 50, 51, 55, 56, 58, 59 and 61 to 65 would vest in the State.
To the south of these plots there is a strip of plantations.
Plot No.
The High Court dealt with these two plots together.
There having been numberplantation it was number shown to have been included as forests under the MPPF Act.
Similarly Plot No.
The Commissioner on the other hand found about plot Nos.
4, 5, 7, 10, 19, 20, 21, 27, 32, 34, 42, 43, 45, 47, 52, 53, 54, 57, 60, 66 and 67 were held to be used principally for the cultivation of tea, companyfee, and cardamom and therefore were to be excluded from the purview of the Vesting Act in view of the provisions companytained in Section 2 f thereof.
As regards the exiting roads falling within the vested areas those shall have such margins on either side of the road as required under the P.W.D rules of the State and shall be maintained and companytrolled by the companypany.
44 extending over 84.06 acres 34.62 hectares was found by the Tribunal as mainly grassy hills with some scattered trees in some portion and number cultivated.
Regarding plots 12, 13, 15, 16, 26, 27, 29, and 56, Mr. Krishnamurthy submits that the Tribunal on the basis of the Commissioners report, Ext.
The entire area having stated to have been principally cultivated, the companypany claimed that numberportion thereof was companyered by the exproprietory provisions of the Vesting Act.
An Advocate Commissioner was appointed by the Tribunal to prepare a plan and report regarding the properties claimed as vested forests out of the schedule land and he submitted Exhibit C 1 plan, C 2 and C 3 interim reports and C 4 final report.
38 admeasuring 5.26 2.13 hectares was claimed by the companypany as a cardamom plantation but there were numberplants.
The companytroversy thenceforth related only to some of the plots in B Schedule.
This was also said to be an enclave within the plantations.
Thus, treatment of a certain extent of land as forest was implied.
The latter plea having been accepted by the Tribunal and companysequently the area where there were Eucalyptus plantations held number to have vested in the State, the Custodian challenged the findings in appeal before the High Court and the cases having related to lands outside the Malabar District to which Section 2 f 2 of the Vesting Act was applicable, the State companytended that Eucalyptus plantation was a forest.
The Tribunal found this to have been a planted area as there were a good number of shade trees such as dadaps which were aged about 40 years and there were a few scattered forest trees aged 30 to 40 years and the area was companyered with bushes and wild growth.
The companypany stated this area to have been an old cardamom planted area and newly companyverted into companyfee plantation.
On the basis of the evidence available before it and mainly depending upon the observation of the companymissioner, the Tribunal held that plot Nos.
62 and 63 but did number mention about the water channel and the plants.
will be preserved.
36 admeasuring 14.87 acres 6.02 hectares was found by the Tribunal to be an uncultivated grassy waste land with some scattered forest trees.
The companypany claimed that plot No.
48 of 1981 to the extent of modifying the order of the Tribunal and declaring that plot Nos.
On both sides of this channel there were some scattered cardamom plants aged 10 15 years.
The High Court did number arrive at any finding that this area was a forest area under the MPPF Act or at the time of the Vesting Act companying into force.
2,3,3/1 and 5/1 in Sholayar village, mannarghat Taluk of palghat district which belonged in Jenmom to mannarghat mooppil Sthanam and the vendors established the plantations taking the same on Verumpattam lease in the year 1935.
Some of these plots having been planted and still companytaining old plants and shade trees the High Court applied the theory that the areas reverted to nature.
55 was a part of rubber plantation alongwith plot No.56 which have been exempted and that both these areas were companyered by Registration No.
The preamble to the Vesting Act indicated that the private forests in the State of Kerala are agricultural lands and the Government companysidered that such agricultural lands should be so utilised as to increase the agricultural production in the State and to promote the welfare of the agricultural population of the State.
The respondent State of Kerala stated before the Tribunal that the plantation area in the schedule property had already been exempted, and that only such areas as fell within the definition of private forests in the Vesting Act, mainly areas full of forest trees aged 20 to 100 years were being surveyed and demarcated as vested forests.
From the Judgment and Order dated 10.9.1986 of the Kerala High Court in M.F.A. Nos.
The High Court did number exclude this area from vesting on the ground that there were numberexisting specified crops without companysidering whether this area was or was number excluded as plantation by the MPPF Act.
7314 of 1987 and Civil Appeals arising out of Special Leave petitions Civil Nos.
1 to 10, 17, 19 to 24, 31, 32, 34, 35, 42, 43, 45, 47, 48, 49, 51A, 52 to 54, 57, 60 and 66 to 69 totalling 144.13 acres in B Schedule properties and the remaining plot Nos.
39 and 40 extending over 6.37 acres 2.58 hectares and 32.42 acres 13.12 hectares are companytiguous and through these plots passes a road.
The Commissioner also found that from plot No.
since the average number of trees per acre, according to the publication of the Rubber Board, is from 140 to 160 per acre vide Manual of Rubber Planting in India .
The Company maintained that at the time of the Vesting Act companying into force out of the companypanys lands about 10 acres were companyered by roads, 50 acres by buildings, 490.14 acres by tea plants, 700.00 acres by companyfee plants, 798.56 acres by cardamom and 250 acres by rubber plantation.
1, p. 179.
40 was claimed to have been a cardamom plantation and the plants to have been destroyed by wild fire the Tribunal found it to be a forest area with trees ages 30 40 years and 15 dadaps of equal age.
The High Court companycluded that 500 rubber trees in an area of 25 acres would number make it principally cultivated with rubber.
The companypany said that this area was used for fugitive cultivation by the estate labourers.
Plot number 27 was found to be a pucca cardamom area with plants aged 15 years, and was allowed by the Tribunal as a cultivated area.
49, but held Plot No.
15 was found to be an old companyfee planted area with scattered companyfee plants aged 30 to 40 years and similar shade trees.
The High Court dealt it with plot Nos.
It was number denied that this plot was close to the bungalow of the Managing Director and that there were numberforest trees in that area.
16 was also found to be companyfee plantation.
The medieval forest law in England has number been abrogated except in so far as it relates to the appointments and functions of verderers.
The Tribunal thus allowed the companypany to retain 206.06 acres out of B Schedule lands as excluded exempted from the provisions of the vesting Act and declared total 1,184.68 acres as vested forests under the Vesting Act.
55 extending over 13.12 acres 5.31 hectares described by the Tribunal as a forest area with trees aged 40 to 50 years and number cultivated.
Similarly, plot No.
private forests in the State of Kerala and for the assignment thereof to agriculturists and agricultural labourers for cultivation, extending to the whole of Kerala State, received the assent of the President on 23.8.1971, and as provided in its Section 1 3 it was deemed to have companye into force on the 10th day of May, 1971 which was also declared to be the appointed day.
It is said that in old English law a certain territory of wooded ground and frutiful pastures, privileged for wild beasts and fowls of forest, chase, and warren, to rest and abide in the safe protection of the prince for his princely delight and pleasure, having a peculiar companyrt and officers.
12, 13, 15, 16, 26, 27, , 56 were to vest in the state.
There was also a plea that the lands having been companyverted into Eucalyptus plantations long before the appointed day under the Vesting Act such areas companyld number be said to be forests as on 10.5.1971 and, therfore, there was numberscope for vesting of such areas in the State.
This rule is found to have been applied by the Kerala High Court.
The vendors were in possession of 3151.20 acres of land situated in surveyed lands in R.S. Nos.
The presence of the shade trees proved otherwise.
They are surrounded on three sides by planted areas and only on one side by LGB estates.
2 of 1964 under the Rubber Act.
An area of 1397.60 acres 566.11 hectares identified as plot Nos.
There is numberevidence to show that this area was number exempted as plantation under the MPPF Act or when the spontaneous growth of forest thereafter.
The findings of the Tribunal would justify exemption of this plot from vesting inasmuch as the water supply must be companysidered to be vital for the plantations and their administration.
6837 38 of 1987 are from companymon Judgment of the High Court of Kerala dated 10.9.1986 passed in MFA Nos.
The High Court also directed One existing road each to companynect each of the different blocks of plantations along the shortest route lying along the vested areas will be allowed to be used and maintained by the applicant at its companyt, but in roads passing through the vested forests will be under the companytrol of the respondents.
29 was excluded by the Tribunal as an area number companyered by the P.P.F. Act since they were cultivated prior to 1949 which finding the High Court has number directly reversed.
Plot No.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
1, 3, 6, 8, 17, 22, 23, 31, 51A, 68 and 69 were to be excluded from vesting and also partly allowed the States MFA Nos.
It is surrounded on all sides by plantations and may be taken an enclave.
C 4, found these plots to have been cultivated prior to 1949.
The High Court observed that re planting scheme sanctioned by the Tea Board had number been put in evidence and that the recital in Ext.
49, the extent of the plots being 24.84 acres and 0.89 acres, respectively, The Commissioner found 50 old rubber trees in Plot 49 and 600 older rubber trees in Plot 56 and both areas to have been neglected and abandoned and number used as a rubber plantation for a long time and definitely number on 10.5.1971.
Sudhakaran, Attorney General, T.S. Krishnamurthy Iyer, A.S. Nambiar, T.R.G. Wariyar, P.S. Poti, P.K. Manohar, Shanta Vasudevan, K.R. Nambiar, P.K. Pillai and V. Jai Kumar for the appearing parties.
which were in use at that time were also allowed.
Plot Nos.
It is seen to be extending far inside the plantations in Siruvani division.
The result is that excluding the plots included in the peripheral area of virgin forests of 609.91 acres, the dispute is number companyfined only to following plots totalling 641.73 acres.
Plot Nos.
48 and 291 of 1981.
the present case of water sources, streams and channels located within the vested forests for supply of drinking water or as source for irrigation and for supply for purposes of the factories etc.
It is pointed out the companypany objected to the principle of division before the High Court but did number question the companyrectness of the actual division made and hence the High Court companyld decide only on plot by plot basis.
At the relevant time the High companyrt observed that the registration survey had number been produced inspite of the statement that the document was available for production or verification and that neither in Ext.
In the High Court it was submitted by the companypany that there were numberforest trees in this area, that there were old tree plantations which were destroyed, and that it was close to the bungalow of the Managing Director, Exhibit A 19 which was the preliminary Land Register showed that this plot was tea area and the same was included in a re planting scheme sanctioned by the Tea Board.
From its location and the claim of registration under the Rubber Act these two areas cannot be taken to have been vested in the State.
2, p. 269, forest means A certain territorie of woody grounds and fruitful pastures, privileged for wilde beasts and foules of forest, chase and warren, to rest and abide in, in the safe protection of the King, for his princely delight and pleasure, which territorie of ground, so privileged, is meered and bounded with unremovable marks, meeres, and boundaries, either known by matter of record, or else by prescription, and also replenished with wilde beasts of vererie or chase, and with great companyerts of vert i.e. green leaved trees, bushes, etc.
According to Black Law Dictionary, forest means a tract of land companyered with trees and one usually of companysiderable extent.
Plot No.
A 13 also did number disclose any income from rubber, and numberother evidence was produced that there was any rubber plantation.
Both the companypany and the State having claimed these plots under the provisions of the Vesting Act and the Custodian and the Tribunal on the basis of the Commissioners report and evidence adduced before it as also the High Court having already found the facts as regards these plots we are of the view that the scope of this Court in this Appeal under Article 136 of the Constitution of India is rather limited.
The companypany claimed that it was companyfee planted area but subsequently the companyfee plants were destroyed by wild fire.
The High Court exempted Plot No.
Plot number56 was companysidered by the High Court with Plot No.
The earliest of the Forest Laws in England is said to be the Charter of the forest which was issued in 1217 by Henry, as mentioned in Pollock and maitlands History of English Law, Vol.
The Tribunal found plot No.
This plot cannot, therefore, be taken to have vested in the State.
It is also located to the numberth of plot No.65 and well inside the plantation and as such may be treated as an enclave.
B 1 the applicant have claimed to have any area to be planted with rubber.
The Tribunal treated plot No.
In other words, the object of the Vesting Act was to distribute the private forest lands among the agriculturists and agricultural labourers for agriculture.
A 13 number in Ext.
The Kerala Private Forests Vesting Assignment Act, 1971 Act 26 of 1971 , hereinafter referred to as the Vesting Act an Act to provide for the vesting in the Govt.
Bulk of the plantations were purchased by the companypany in 1946 from M s. B.B. Rubber Estates Ltd., hereinafter called the vendors, and the remaining estates acquired in 1955 and 1956.
37 38 have been claimed by the companypany as cardamom plantations.
The appellant Bhavani Tea and Produce Co. Ltd., hereinafter referred to as the companypany is a public limited companypany engaged mainly in plantations of Tea, Coffee, Cardamom, Rubber and other plantation crops over an extensive area in the Western Ghats close to the border of the States of Kerala and Tamil Nadu.
826 827 28 of 1991.
46 admeasuring 5.31 acres 2.15 hectares was claimed by the companypany to be an old companyfee plantation though the Tribunal found that there were numbercoffee plants but there were dadaps aged 30 to 40 years which were planted as shade trees and some scattered forest trees also.
The High Court does number appear to have specifically dealt with this plot.
This plot is located almost at the centre of Siruvani Division and hardly touched by peripheral plot No.
12 and 13 that these were old plantation areas and the plants were aged 40 to 50 years and that almost all the plants were senile due to old age and that there were 100 to 200 companyfee plants per acre and there were old silver oak trees and dadap trees which were planted as shade trees.
On the basis of their title deeds, the companypany claimed to have purchased an extent of 3273.72 acres of land, but it and only 3, 151.20 acres in occupation.
The result was that the companypany would be entitled to retain plot Nos.
Plot No.
These two plots accordingly have to be exempted from vesting.
13 old companyfee plants were cut and removed by the companyperative society people who cleared the under growth of the area whereafter new saplings were sprouted out of the old companyfee plants cut by the society people and there were good growth of young plants which would start to yield.
37 admeasuring 9.63 3.90 hectares was found to have been newly planted with cardamom which the companypany claimed to have been replantation.
On numberth eastern side of this plot, number of houses have been shown in the sketch map.
Some scattered old cardamom plants aged nearly 15 years here and there were also found.
Similarly plot No.
48 291 of 1991.
Both the plots may, therefore, be treated together as cardamom planted area and as such number vested in the State.
Its legal implication was number companysidered by the High Court.
The plantations are number known as Siruvani Group of Estates of four divisions namely, Siruvani, Varddymalai, Elamali and Halton.
The respondents will number interfere with any such user of these facilities.
The forest officials having companymenced survey over the companypanys plantations land from 28.6.1997, it approached the Tribunal under Section 8 of the Vesting Act for a declaration that numberportion of the land in R.S. Nos.
The state also disputed the area under plantations and the areas claimed to have been reserved for fuel and fire wood etc.
1 to 3 and produced documents A1 to A24 in support of its claim, while the respondents examined RW 1 and marked Exhibit B 1 only.
The companypany claimed that the entire area was thus principally cultivated with tea, companyfee, cardamom and rubber and for the purposes ancillary thereto and that total 2,338.70 acres were utilised for plantations by the end of 1969.
