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.