Kochi: In a major victory for the state in taking over 45,000 acres of forest land from private owners, Kerala High Court on Monday upheld the Kerala Forests (Vesting and Management of Ecologically Fragile Lands) Act 2003. Through the Act, the state had acquired forest land in six districts from private ownership.
The state had framed the law in an attempt to take over forest areas and other ecologically fragile lands (EFL) under private ownership and to safeguard and manage them scientifically.
A division bench comprising acting Chief Justice Ashok Bhushan and Justice P.R. Ramachandra Menon passed the order on a batch of petitions challenging the Act.
Senior Supreme Court counsel K.V. Viswanathan appeared for the state and argued that forest lands cannot be allowed to be maintained by private persons for commercial purpose.
The state, as trustees of such lands, has a duty to take them over and manage for public good. Government pleader M.P. Madhavan Kutty also assisted him. Pursuant to the Act, the state had notified 45,000 acres of land in Kasaragod, Wayanad, Kozhikode, Kannur, Idukki and Kollam districts as EFL. It also has the status of the reserved forest.
The petitioners submitted that the state has no power to frame such an Act and that only Parliament is competent enact the law.
Though the court upheld the constitutional validity of the Act, it directed the state to give an opportunity to all the land owners concerned to avail of the statutory remedy.
The court asked the Forest Department and the tribunal to take appropriate action in this regard.
The owners also challenged the non-payment of compensation before taking over the land. The bench refused to accept the contentions and held that the Act did not violate Article 14 and 19 of the Constitution.
