Kerala Private Forests (Vesting and Assignment) Act, 1971: s.3(3) – The land in question was acquired by the respondents prior to the appointed day and was being used for personal cultivation by respondents – Therefore, respondents-land owners were entitled to exemption of their land from being vested in the State under the Act – Land Acquisition.
Dismissing the appeal, the Court
HELD: 1. The High Court held that the land was acquired by the respondents (landowners) prior to the appointed day and was being used for personal cultivation by the respondentslandowners. These findings were recorded on the basis of the commissioner’s report, who made on the spot inspection of the land in presence of both the parties. No kind of any perversity or arbitrariness or illegality is noticed in these findings. These findings were rendered in conformity with the law laid down by this Court in *Joseph case. The High Court, therefore, rightly held that the respondents are entitled to claim exemption of their land in question. [Paras 7, 8] [684-B-C, D]
*Joseph & Anr. v. State of Kerala & Anr. (2007) 10 SCC 414 : [2007] 6 SCR 347 – relied on.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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