PIONEER RUBBER PLANTATION NILAMBUR, KERALA STATE ETC. ETC. versus STATE OF KERALA AND ANR.

Citation: [1992] 3 S.C.R. 972 · Decided: 24-08-1992 · Supreme Court of India · Bench: M.H. KANIA · Disposal: Appeal(s) allowed

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Judgment (excerpt)

A 
PIONEER RUBBER PLANTATION NILAMBUR, 
>--
KERALA STATE ETC. ETC. 
v. 
STATE OF KERALA AND ANR. 
.B 
AUGUST 24, 1992 
[M. H. KANIA, CJ., DR. T. K. THOMMEN AND P.B. SAWANT, JJ.] 
Kera/a Private Forests (Vesting and Assignment) Act 1971, Section 
2(/)(l)(i)(B). 
c 
'Private Forests'-Land set apart for Crowing firewood trees used as 
feel for purpose of manufacturing ntbber or tea in smokehouses or factories 
or for personal use of estate employees-Whether excluded. 
Statutory Interpretation. 
.,--
D 
Legislative intent-Aid to interpretation. 
The appellants in the appeals were owners of Tea, Rubber and 
Cardamom estates in the State of Kerala. For a large number of persons 
employed in the estates quarters were generally provided and it was in the 
E 
best interest of the estates that such persons were supplied with sufficient 
firewood for cooking as well as for keeping themselves warm particularly 
in view of the high altitude at which many of the estates were located. As 
large quantities of firewood were essential as fuel certain areas in the 
estates where generally set apart for growing firewood trees like Eucalyp-
=---
tus or redgum. 
... 
F 
The appellants approached the Forest Tribunal for granting them 
exemptions under section 2(f)(l)(i)(B) of the Kerala Private Forests 
..,.. 
(Vesting and Assignment) Act, 1971 for the lands which were used for 
construction of the quarters as well as for growing fuel trees for supply of 
G fuel to the workers or for the smokehouses. The Tribunal granted the 
exemptions. 
The State appealed to the High Court and the High Court held the 
).; 
lands on -which firewood trees were grown for the purpose of fuel for either 
the smokehouses or factories or the employees in the estates were not 
H lands used for purposes ancillary to the cultivation of the crops or for the 
972 
... 
I 
f 
I 
PIONEER RUBBER PLANTATION v. STATE 
973 
preparate on of the same for the market so as to be excluded from the A· 
definition of 'Private forests' under section 2(1) (1) (i) (B) of the Act and 
accordingly vested in the State in terms of the Act. 
Some of the earlier decisions of this High Court had taken the view; 
that lands set apart for growing firewood trees in the estates for the 
purpose of fuel did not qualify for exclusion from 'private forests' so as t~ B 
prevent their vesting in the State in terms of the Act and this view was also 
followed by the High Court in these judgements. 
However, a Bench consisting of 5 Judges of the same High Court, 
subsequently considered this very question in State of Kera/a v. Moosa 
C 
Haji, (1984) KLT 494, on the ground that the law laid down in the earlier. 
decisions on this point was doubted, and this Bench expressed the view 
that it was essential for an estate to grow firewood trees for the purpose 
of fuel for the employees as well as for the smokehouses and factories. In 
1 
regard to the requirement of the employees the High Court followed the . D 
observations of this Court in Chettiam Veettil Ammad and Anr. v. Taluk ' 
Land Board and Ors., [1979) 3 SCR839 and held that no exemption could 
be claimed in respect of areas utilised for the cultivation of firewood trees ! 
to supply fuel to the employees, discarded the interpretation put on the 
section by earlier decisions and held that a reasonable areas set apart for . 
growing firewood trees for the purpose of fuel in the smokehouses or E 
factories could be excluded from 'private forests' and such areas were held 
qualified as 'lands used for the preparation of the (crops) for the market'. 
In the appeals to this Court on the common question: whether land 
set apart in estates for growing firewood trees such as eucalyptus or , F 
redgum to be used as fuel for the purpose of manufacturing rubber or tea 
~ 
in the smokehouses or factories or for the personal use of the employees , 
in the estates are excluded from the definition of 'private forests' as 
contained in Section 2(f) (1) (i) (8) of the Kerala Private Forests (Vesting 
and Assignment) Act, 1971. 
Allowing the appeals, setting aside the judgment of the High Court 
and remanding the cases to the appropriate Forest Tribunals, this court 
G 
HELD : (Majority M.H. Kania, GI & Dr. T.K Thommen, J. per 
Thommen, J.), 
H 
A 
B 
974 
SUPREME COURT REPORTS 
(1992] 3 S.C.R. 
1. The definition of 'Private Forests' contained in clause (f) of 
Section 2 of the Kerala Private Forests (Vesting and Assignment) Act, 
1971 shows that lands which are

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