STATE OF KERALA vs MANAGING TRUSTEE ARYA VAIDYASALA

The Supreme Court upheld the Kerala High Court's decision that the land owned by the first respondent is not a 'private forest' under the Kerala Private Forests (Vesting and Assignment) Act, 1971, despite the applicability of the Madras Preservation of Private Forests Act. The Court reasoned that the findings of the Forest Tribunal and the High Court were conclusive, and thus the provisions of the Kerala Preservation of Trees Act, 1986, prohibiting tree cutting, do not apply to the respondent's land. The Court affirmed that the land's classification as a 'private forest' was negated by its use for cultivation of medicinal plants and herbs, and it had not been vested with the State as required by the 1971 Act.