STATE OF KERALA versus ABDUL ALI
Land excluded under Kerala Private Forests (Vesting and Assignment) Act, 1971 cannot be notified under Section 5 of the Kerala Preservation of Trees Act, 1986 for total prohibition of tree cutting; however, regulatory restrictions under Section 4 on specific trees still apply.
- Parties
- Applicant: State of Kerala; Respondent: Abdul Ali
- Jurisdiction
- India
- Judgment Date
- 10 April 2013
- Procedural Posture
- Special Leave Petition (civil) / Final Disposition on Appeal From High Court
- Outcome
- Special Leave Petitions dismissed
- Legal Topics
- Preservation of Trees, Private Forests, Statutory Exclusion, Notification Under Statute
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
State of Kerala
Applicant
Abdul Ali
Respondent
Procedural Posture
Special Leave Petition (civil) / Final Disposition on Appeal From High Court
Legal Issues
- 1 Whether land excluded from the definition of 'private forest' under Kerala Private Forests (Vesting and Assignment) Act, 1971 can be subjected to total prohibition of tree cutting under Kerala Preservation of Trees Act, 1986 via notification under Section 5
Ratio Decidendi
Land excluded under Kerala Private Forests (Vesting and Assignment) Act, 1971 cannot be notified under Section 5 of the Kerala Preservation of Trees Act, 1986 for total prohibition of tree cutting; however, regulatory restrictions under Section 4 on specific trees still apply.
Court Disposition
Special Leave Petitions dismissed
Orders
- Notification under Section 5 of the Kerala Preservation of Trees Act, 1986 quashed for the disputed lands.
- Regulatory restrictions under Section 4 remain applicable to trees specified under Section 2(e).
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment