Case title: The Divisional Forest Officer, Munnar, Kerala, and another vs P.J. Antony, etc.
Case no: CIVIL APPEAL NO. 9751-9752 OF 2011
Order on: May 14, 2024
Quorum: Justice Sanjay Kumar and Justice A.S. Bopanna
Fact of the case:
The case involves a dispute over sandalwood trees found on private lands in Marayoor Village, Kerala. P.J. Antony and Cheriyan Kuruvila, the respondents in the case, claimed ownership and possession over 4.70 hectares of land in Survey Nos. 86/3 and 86/4 of Marayoor Village, while Cheriyan Kuruvila claimed title and possession over an extent of 1.09 hectares in Survey No. 86/5 of the same village.
Both Antony and Kuruvila submitted applications to the Tahsildar, Devikulam, seeking certificates for handing over the dried and fallen sandalwood trees on their lands to the Forest Department. These applications were made under a government scheme. Under this scheme, the Forest Department was empowered to auction sandalwood trees grown on private lands and they compensate landowners with 70% of the sale proceeds, retaining 30%. After inspections by the Taluk Surveyor and the Village Officer, they make a report. Based on these reports, the Tahsildar directed the issuance of necessary Village Certificates, which confirmed the presence of dried and fallen sandalwood trees on the lands of Antony and Kuruvila.
Certificates were subsequently issued by the Village Officer, Marayoor, stating the findings and authorizing steps for conducting auctions of the sandalwood trees. These certificates were intended to be presented before the Range Officer, Marayoor Forest. However, the Forest Department seized the sandalwood trees instead of proceeding with the auction, leading to legal proceedings initiated by Antony and Kuruvila.
The High Court of Kerala, in its judgment, allowed the writ petitions filed by Antony and Kuruvila, setting aside the order of removal and directing the Forest Department to proceed according to the 1973 Government Order. Aggrieved by this decision, the State of Kerala and its Divisional Forest Officer, Munnar, filed appeals.
Issues framed by court:
Whether P.J. Antony and Cheriyan Kuruvila have valid ownership and possession claims over the parcels of land containing sandalwood trees in Marayoor Village, Kerala?
Whether the Central is in possession of any forest produce or not?
Whether the High Court’s decision to set aside the order of confiscation and direct the Forest Department to proceed according to the 1973 Government Order is legally sound?
Legal provisions:
Kerala Preservation of Trees Act, 1986: Deals with Removal of the tree growth in the area will result in ecological imbalance.
Section 69 of the Indian forest act : Deals with whether any forest-produce is the property of the Government, such produce shall be presumed to be the property of the Government until the contrary is proved.
Rule 3 of the Kerala Forest Produce Transit Rules, 1975: Prescribes that no one can import or export timber or other forest produce or transport it.
Sections 52 and 61A of the Forest Act: Dealing with seizure and confiscation
Contentions of Appellant:
The appellants argued that P.J. Antony and Cheriyan Kuruvila did not have valid ownership or possession rights over the lands where the sandalwood trees were found. They contended that the confiscation of the sandalwood trees by the Forest Department was justified due to the lack of proper ownership documentation of the respondents over the trees. The Forest Department’s decision to confiscate the sandalwood trees, argued that it was done in accordance with the law and in the interest of forest conservation and management.
The appellants argued that the applications submitted by Antony and Kuruvila did not fully comply with the requirements of the 1973 Government Order, thus justifying the Department’s decision to confiscate the trees rather than proceed with the auction process.
Contentions of Respondents:
Respondents contended that they had valid ownership or possession rights over the lands containing the sandalwood trees, as evidenced by the reports and certificates issued by the Taluk Surveyor and Village Officer. They argued that the confiscation of the sandalwood trees was unlawful and contrary to the 1973 Government Order, which provided for compensation to landowners in such cases. Antony and Kuruvila argued that the High Court’s decision to set aside the confiscation order and direct the Forest Department to proceed with the auction was proper and in accordance with the law.
Court analysis:
The dispute relates to the ownership and disposal of sandalwood trees which was found on private land at Marayoor village, Kerala. P.J. Antony and Cheriyan Kuruvila applied to the Tahsildar to obtain a certificate for the transfer of sandalwood trees to the Forest Department, claiming ownership or possession rights over certain parcels of land containing sandalwood trees.
The Taluk Surveyor and Village Officer confirmed the presence of fallen sandalwood trees on the lands of Antony and Kuruvila, and certificates were issued accordingly. However, the Forest Department seized the sandalwood trees instead of proceeding with the auction, leading to legal proceedings.
The High Court of Kerala, in its judgment, set aside the order of confiscation and directed the Forest Department to proceed according to the 1973 Government Order, which provided for compensation to landowners. The State of Kerala and its Divisional Forest Officer, Munnar, filed appeals against this decision.
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Judgement Reviewed By- Antara Ghosh
