STATE OF KERALA versus ABDUL ALI

Citation: [2013] 5 S.C.R. 799 · Decided: 10-04-2013 · Supreme Court of India · Bench: G.S. SINGHVI · Disposal: Disposed off
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Judgment (excerpt)

[2013] 5 S.C.R. 799 
STATE OF KERALA 
v. 
ABDUL ALI 
(Special Leave Petition (Civil) No. 13802 of 2006 etc.) 
APRIL 10, 2013 
[G.S. SINGHVI AND KURIAN JOSEPH, JJ.] 
Kera/a Preservation of Trees Act, 1986 - ss.2(e), 4 and 
A 
B 
5 - Notification u/s.5 providing total prohibition of cutting of 
trees - Plea that the forest in question, being not a 'Private 
C 
Forest' within meaning of s.2(f)(1)(i) of Kera/a Private Forests 
(Vesting and Assignment) Act, 1971, could not be brought 
under purview of the Notification uls.5 of Preservation of Trees 
Act- Held: Explanation II u/s.5 of Preservation of Trees Act 
is a piece of legislation by reference - Therefore, the definition 
D 
of 'Private Forest' under the Vesting and Assignment Act is 
to be taken for 'Private Forest' u/s,5 of the Preservation of 
Trees Act - The forest in question were covered by Madras 
Preservation of Private Forests Act, 1949 - Since the 
definition of 'Private Forest' u/s.2(f)(1)(i) excludes the forests 
E 
on which Madras Preservation of Private Forests Act was 
applicable, the forest in question would not be covered u/ 
s.2(f)(1)(i) of Vesting and Assignment Act and consequently 
would also not be covered under the provisions of 
Preservation of Trees Act - Hence cannot be notified u/s.5 
F 
of Preservation of Trees Act - However, the trees specified 
uls.2(e) of Preservation of Forest Act would not fall outside the 
purview of s.4, whereby no tree or its branch would be cut 
without previous permission (in writing), of the authorized 
officer - Kera/a Private Forests (Vesting and Assignment) 
G 
Act, 1971 - s.2(f)(1)(i) - Madras Preservation of Private 
Forests Act, 1949. 
799 
H 
A 
B 
800 
SUPREME COURT REPORTS 
[2013) 5 S.C.R. 
T.N. Godavarman Thirumulkpad vs. Union of India and 
Ors. (1997) 2 SCC 267: 1996 (9) Suppl. SCR 982 - referred 
to. 
Case Law Reference: · 
1996 (9) Suppl. SCR 982 referred to 
Para 25 
CIVIL APPELLATE JURISDICTION : Special Leave 
Petition (Civil) No. 13802 of 2006. 
C 
From the Judgment & Order dated 31.03.2006 of the High 
Court of Kerala at Ernakulam in OP No. 3252 of 2003. 
WITH 
D 
SLP (C) No. 1380 of 2007. 
SLP (C) No. 26236 of 2008. 
K. Padmanabhan Nair, Mohan Kumar B.R. Subramonium 
Prasad, Siddhartha Dave, A Raghunath, B.V. Deepak for the 
E appearing parties. 
The Order of the Court was delivered 
KURIAN, J. 1. Whether the land which is not a private 
forest as defined under The Kerala Private Forests (Vesting 
F and Assignment) Act, 1971 can be brought under the teeth of 
The Kerala Preservation of Trees Act, 1986, is the moot 
question arising for consideration in these cases. 
2. The Kerala Private Forests (Vesting and Assignment) 
G Act, 1971 (hereafter referred to as 'the Vesting and Assignment 
Act') was enacted to provide for the vesting in the Government 
of private forests in the State of Kerala and for the assignment 
thereof to agriculturists and agricultural labourers for cultivation. 
It is stated in the preamble that private forests in the State of 
H 
STATE OF KERALA v. ABDUL ALI 
801 
[KURIAN, J.] 
Kerala are agricultural lands and that the Government wanted 
A 
to utilize such agricultural lands so as to increase agricultural 
production and promote welfare of the agricultural production 
in the State. It may be noted that private forests were exempted 
from the purview of The Kerala Land Reforms Act, 1963, in the 
matter of ceiling. 
B 
3. 'Private forest' has been defined under Section 2(f) of 
the Vesting and Assignment Act. The provision reads as 
follows: 
"2(f) "private forest" means 
(1) in relation to the .Malabar district referred to in sub-
section (2) of Section 5 of the State Reorganization Act, 
1956 (Central Act 37 of 1956)-
c 
D 
(i} any land which the Madras Preservation of Private Forest 
Act. 1949 (Madras Act XXVll of 1949), applied 
immediately before the appointed day excluding-
(A} lands which are gardens or nilams as defined 
in the Kerala Land Reforms Act, 1963 (1 of 1964). 
E 
(B} lands which are used principally for the 
cultivation of tea. coffee. cocoa. rubber. cardamom 
or cinnamon and lands used for any purpose 
ancillary to the cultivation of such crops or for the 
F 
preparation of the same for the market. 
Explanation:- Lands used for the construction of 
office buildings, godowns, factories, quarters for 
workmen, hospitals, schools and playgrounds shall 
be deemed to be lands used purposes ancillary to 
G 
the cultivation of such crops; 
(C} lands which ar
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