LexSTATE OF KERALA AND ORS. versus K. SAROJINI AMMA AND ORS
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A
STATE OF KERALA AND ORS.
v.
K. SAROJINI AMMA AND ORS ..
OCTOBER 14, 2003
B
[D.M. DHARMADHIKARI AND SHIVARAJ V. PATIL, JJ.]
Kera/a Land Reforms Act, 1963 :
Sections 2(47), 81, 82, 83, 87 andl03-Cei/ing/awcomingintoforce
C on 1.1.1970-Determination of ceiling area of holder of land-Held,
position existing on 1.4.1964 to be taken into consideration s~bject to
Section 87 of the Act-Exemption cla{med on the ground of lands being
private forests-Not converted into category of non-exempted lands-In
the facts, held, lands in question being private forest are exempted in
D determining ceiling area of the holder of lands-Kera/a Private Forests
(Vesting and Assignment) Act, 1971-Section 2(f)~Madras Preservation
of Private Forests Act, 1949-Section 3.
Section 103-Revisional jurisdiction-Exemption from ceiling
provisions claimed on the ground of lands in question being private
E forest-Ceiling Authority denying exemption-Held, question of law decided
erroneously and High Court rightly exercising revisional jurisdiction in
upsetting order of Ceiling Authority-Even otherwise, High Court having
powers to quash orders passed by non-consideration of relevant and
material documents in exercise of its supervisory jurisdiction-Constitution
F of India, 1950-Article 227.
Words and Phrases- 'Private forests '-Meaning of in the context of
the Kera/a Land Reforms Act, 1963.
Upon coming into force of the t:eiling provisions of the Kerala
G Land Reforms Act, 1963 on 1.1.1970, the Taluk Land Board directed
the respondents to surrender excess land of 2067 acres in their
possession. Respondents contended that they were not excess lands
being private forests falling within the purview of the Madras
Preservation of Private Forests Act, 1949 (MPPF Act) and had been
H converted into a plantation before 1.1.1970 and were exempted under
694
ST ATE v. K. SAROJINI AMMA
695
section 81(d) and (e) of the 1963 Act. The Board rejected the claim of A
the respondents for exemption on the ground that they failed to prove
that the lands in question were private forests and had been converted
into rubber plantation before 1.1.1970 and held that the respondents
had to surrender the total extent of 2067 acres land. Aggrieved by the
said order respondents filed revision under Section 103 of the 1963 B
Act which was allowed by the High Court on the ground that the said
lands were exempted from ceiling provisions. Hence these appeals by
the State.
Appellant-State contended that the High Court in exercise of its
revisional jurisdiction under Section 103 of the 1963 Act was not right C
and justified in interfering with order passed by the Board; that
conclusions of the Board could be sustained on facts found; that
respondents failed to establish that there was plantation in the lands
in question prior to 1.1.1970; and that even otherwise, the lands in
question being private forest vested in the Government under the D
Kerala Private Forests (Vesting and Assignment) Act, 1971.
Respondents contended that the Board committed serious error
in law regarding the relevant date in considering the exemption in the
light of the law laid down earlier by the High Court; that High Court
was justified in interfering by exercising revisional jurisdiction under E
Section 103 of the 1963 Act inasmuch as the Board decided the question
of law erroneously on the facts found or established; that the Board
failed to decide the question of law reading effect of conversion of
exempted category of land to non-exempted category of lands; and that
even otherwise, High Court had jurisdiction under Article 227 of the F
Constitution of India.
Dismissing the appeals, the Court
HELD : 1. Sections 81 and 82 of the Kerala Land Reforms Act,
1963 appearing in Chapter III came into force on 1.4.1964 and Section G
83 of the 1963 Act relating to ceiling area was brought into force w.e.f.
1.7.1970. The Kerala Forests (Vesting and Assignment) Act, came into
force on 10.5.1971. For the purpose of reckoning the ceiling area of the
holder of the lands, the position existing as on 1.4.1964 is to betaken into
consideration subject to Section 87 of the 1963 Act. [703-C-D, 705-F-GJ H
696
SUPREME COURT REPORTS [2003] SUPP. 4 S.C.R.
A
Aleykutty John v. Taluk Land Board, (1981) KLT 731 and Joseph
Thomas v. State of Kera/a, (1987) 2 KLT 273, referred to.
• 2.1. lt is clear from the definition of private forests given in Kerala
Private Forests (VExcerpt shown. Read the full judgment & AI analysis in Lexace.