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july 2009

Supreme Court of India · 2009-07-13

State Of Kerala & Ors vs Managing Trustee Arya Vaidyasala

Court
Supreme Court of India
Petitioner
State Of Kerala & Ors
Respondent
Managing Trustee Arya Vaidyasala
Author
Chief Justice
Bench
J.M. Panchal, P. Sathasivam, K.G. Balakrishnan

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the land owned by the respondent is not a 'private forest' under the Kerala Private Forests (Vesting and Assignment) Act, 1971, despite the State's contention that the Madras Preservation of Private Forests Act applied. The Court emphasized that the findings of the Forest Tribunal and the High Court regarding the land's status as not being a 'private forest' are conclusive. Consequently, the provisions of the Kerala Preservation of Trees Act, 1986, prohibiting tree cutting, do not apply to the respondent's land, affirming the High Court's ruling.

State Of Kerala & Ors vs Managing Trustee Arya Vaidyasala · Niyam