THE STATE OF KERA LA AND ANR. versus THE PULLANGODE RUBBER AND PRODUCE CO. LTD. ETC.

Citation: [1999] 3 S.C.R. 1163 · Decided: 27-07-1999 · Supreme Court of India · Bench: S.P. BHARUCHA · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

THE ST A TE OF KERA LA AND ANR. 
A 
' 
v. 
THE PULLANGODE RUBBER AND PRODUCE CO. LTD. ETC. 
JULY 27, 1999 
[S.P. BHARUCHA, R.C. LAHOTI AND N. SANTOSH HEGDE, JJ.] 
B 
Land Laws: 
Kera/a Private Forests (Vesting and Assignment) Act, 197 /: 
c 
S.2 -"Private forest"-Vesting in State Government-Land used for 
cultivating tea, coffee, cocoa, rubber •. cardamom or cinnamon and for any 
purposes ancillary to the cultivation of such crops, excluded from the definition 
of 'private forest'-Company engaged in rubber cultivation-Certain lands 
used for fuel purposes in smoke houses for manufacture of rubber and supply 
of firewood to employees-Held exempted-Madras Preservation of Private D 
Forests Act, 1949. 
S. 2 - "Private forest "-Claim for exemption from the definition-Burden 
of proof-Held, claimant to establish by evidence that the landfalls within 
the exception to the definition under the Act-On facts, company failed to E 
establish that its lands were used for the purposes mentioned in the exception--
Thus, High Court erred in granting exemptiOn to company for lands used for 
firewood purpose. 
"Private forests "-Claim for exemption-Company principally engaged 
in rubber culiivation-Wooded areas in enclaves surrounded by its rubber F 
plantation-Held, if large part of a parcel of land is used for cultivating 
specific crop, leaving a small portion, the whole area of land will be treated 
as used for cultivation of that specified crop-Thus, areas in the enclaves 
surrounded by rubber plantation covered-However, lands on the periphery 
of the company's plantation not bounded elsewhere by rubber plantation 
cannot be granted exemption. 
G 
Words & Phrases: 
"Private forest"-Meaning of in the context of Section 2 of Kera/a 
Private Forests (Vesting and Assignment) Act, 197 I. 
1163 
H 
I'( 
1164 
SUPREME COURT REPORTS 
[l 999] 3 S.C.R. 
A 
Respondent-Company owned certain areas of land on which it cultivated 
rubber plants. The Kerala Private Forests (Vesting and Assignment) Act, 
.....,_ 
1971 was enacted for the vesting of private forests in the State Government, 
Section 2 thereof defined 'private forests'. It excluded inter alia lands which 
were used principally for the cultivation of tea, coffee, cocoa, rubber, cardamom 
B or cinnamon and lands used for any purposes ancillary to the cultivation of 
such crops or for the preparation of same for the market. The company 
claimed that the lands which were reserved for fuel purpose for manufacture 
of rubber in smoke houses and for supply of firewood to the employees were 
not 'private forests' under the Act The company also claimed exemption for 
the wooded areas in enclaves surrounded by its rubber plantation. The said 
c claims were rejected by the Forest Tribunal. On appeal, High Court held that 
the supply of firewood to the employees could not be said to be a purpose 
ancillary to the cultivation of the plantation crops. However, it allowed the 
claim for exemption of land used for supply of firewood for s~oke houses. 
Aggrieved, both the appellant State and Company have preferred the present 
D appeals. 
Allowing the appeals, this Court 
HELD: 1. High Court was justified in holding that lands used for 
supplying firewood for the smoke houses of the company was excludible from 
E the definition of 'private forest' under the Kerala private forests(Vesting and 
Assignment) Act, 1971. [1169-F] 
Pioneer Rubber Plantation, Nalambur, Kera/a State v. State of Kera/a 
and another, [1992) 4 sec 175, relied on. 
F 
2. It is for the claimant to establish by appropriate evid~nce that the 
land in respect of which it seeks an exemption was being used on the 
appointed day under the Act for a purpose which falls within the exception 
to the definition under the Act. However, in the instant case the company's 
claim statement before the Tribunal shows that it had not even made an 
.. 
G averment that the area of 594,78 acres or some specific part thereof was 
being used on the appointed day for supplying firewood to its smoke-houses 
or its workmen. Even so, the Tribunal discussed the company's evidence, oral 
and documentary, and rightly found that the evidence did not establish that 
this acreage of land or any specific part was being used by the company for 
supply of firewood to its smoke houses and its workmen. In the absence of 
H evidence the company's claim must fail in regard to the entire area of594.78 
STATEv. PULLANGODERUBBERANDPRODUCECO. LTD. [BHARUCHA,J.) 1165 
~,..

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