Supreme Court of India
STATE OF KERALA AND ORS.versusK. SAROJINI AMMA AND ORS
- Citation
- 2003 INSC 544
- Decided
- 14 October 2003
- Disposal
- Dismissed
- Bench
- SHIVARAJ V PATIL
Holding
Private forests, irrespective of conversion into plantations before 1 January 1970, remain exempt from the ceiling provisions of the Kerala Land Reforms Act, 1963, and the High Court correctly exercised its revisional and supervisory jurisdiction to set aside the Taluk Land Board’s order.
Summary
The Kerala Land Reforms Board ordered the respondents to surrender 2,067 acres, treating the land as excess under the ceiling provisions that became effective on 1 January 1970. The respondents argued that the land was private forest covered by the Madras Preservation of Private Forests Act, 1949 and, having been converted into a rubber plantation before that date, was exempt under Sections 81 and 82 of the Kerala Land Reforms Act, 1963. The Board rejected the exemption claim, finding no proof of private‑forest status or conversion. On revision, the High Court held that the land qualified as private forest at the appointed day (1 April 1964) and that conversion to plantation did not remove the exemption, thus correctly setting aside the Board’s order. The Supreme Court affirmed the High Court, stating that private forests remain exempt from ceiling calculations and that the Court had proper jurisdiction under Section 103 and Article 227 to quash the Board’s order.
Issues considered
- The determination of whether land classified as private forest is exempt from ceiling provisions of the Kerala Land Reforms Act, 1963.
- Whether conversion of private forest into a plantation before 1 January 1970 affects the exemption.
- The appropriate date for assessing exemption – the Act’s commencement on 1 April 1964 versus the ceiling‑date of 1 January 1970.
- The jurisdiction of the High Court under Section 103 of the Act and Article 227 of the Constitution to revise the Board’s order.
- The effect, if any, of vesting of private forest in the State under the Kerala Private Forests (Vesting and Assignment) Act, 1971.
Legislation cited
- Constitution of Indias. Article 227
- Kerala Land Reforms Act, 1963s. 103, s. 2(47), s. 81, s. 82, s. 83, s. 87
- Kerala Private Forests (Vesting and Assignment) Act, 1971s. 2(f)
- Madras Preservation of Private Forests Act, 1949
Subjects
private forestland ceilingexemptionKerala Land Reforms Actrevisional jurisdictionArticle 227conversion to plantationland vesting
Judgment
A STATE OF KERALA AND ORS.
v.
K. SAROJINI AMMA AND ORS ..
OCTOBER 14, 2003
B [D.M. DHARMADHIKARI AND SHIVARAJ V. PATIL, JJ.]
Kera/a Land Reforms Act, 1963 :
Sections 2(47), 81, 82, 83, 87 andl03-Cei/ing/awcomingintoforce
C on 1.1.1970-Determination of ceiling area of holder of land-Held,
position existing on 1.4.1964 to be taken into consideration s~bject to
Section 87 of the Act-Exemption cla{med on the ground of lands being
private forests-Not converted into category of non-exempted lands-In
the facts, held, lands in question being private forest are exempted in
D determining ceiling area of the holder of lands-Kera/a Private Forests
(Vesting and Assignment) Act, 1971-Section 2(f)~Madras Preservation
of Private Forests Act, 1949-Section 3.
Section 103-Revisional jurisdiction-Exemption from ceiling
provisions claimed on the ground of lands in question being private
E forest-Ceiling Authority denying exemption-Held, question oflaw decided
erroneously and High Court rightly exercising revisional jurisdiction in
upsetting order of Ceiling Authority-Even otherwise, High Court having
powers to quash orders passed by non-consideration of relevant and
material documents in exercise ofits supervisory jurisdiction-Constitution
F of India, 1950-Article 227.
Words and Phrases- 'Private forests '-Meaning of in the context of
the Kera/a Land Reforms Act, 1963.
Upon coming into force of the t:eiling provisions of the Kerala
G Land Reforms Act, 1963 on 1.1.1970, the Taluk Land Board directed
the respondents to surrender excess land of 2067 acres in their
possession. Respondents contended that they were not excess lands
being private forests falling within the purview of the Madras
Preservation of Private Forests Act, 1949 (MPPF Act) and had been
H converted into a plantation before 1.1.1970 and were exempted under
694
STATE v. K. SAROJINI AMMA 695
section 81(d) and (e) of the 1963 Act. The Board rejected the claim of A
the respondents for exemption on the ground that they failed to prove
that the lands in question were private forests and had been converted
into rubber plantation before 1.1.1970 and held that the respondents
had to surrender the total extent of 2067 acres land. Aggrieved by the
said order respondents filed revision under Section 103 of the 1963 B
Act which was allowed by the High Court on the ground that the said
lands were exempted from ceiling provisions. Hence these appeals by
the State.
Appellant-State contended that the High Court in exercise of its
revisional jurisdiction under Section 103 of the 1963 Act was not right C
and justified in interfering with order passed by the Board; that
conclusions of the Board could be sustained on facts found; that
respondents failed to establish that there was plantation in the lands
in question prior to 1.1.1970; and that even otherwise, the lands in
question being private forest vested in the Government under the D
Kerala Private Forests (Vesting and Assignment) Act, 1971.
Respondents contended that the Board committed serious error
in law regarding the relevant date in considering the exemption in the
light of the law laid down earlier by the High Court; that High Court
was justified in interfering by exercising revisional jurisdiction under E
Section 103 of the 1963 Act inasmuch as the Board decided the question
of law erroneously on the facts found or established; that the Board
failed to decide the question of law reading effect of conversion of
exempted category of land to non-exempted category of lands; and that
even otherwise, High Court had jurisdiction under Article 227 of the F
Constitution of India.
Dismissing the appeals, the Court
HELD : 1. Sections 81 and 82 of the Kerala Land Reforms Act,
1963 appearing in Chapter III came into force on 1.4.1964 and Section G
83 of the 1963 Act relating to ceiling area was brought into force w.e.f.
1.7.1970. The Kerala Forests (Vesting and Assignment) Act, came into
force on 10.5.1971. For the purpose of reckoning the ceiling area of the
holder of the lands, the position existing as on 1.4.1964 is to betaken into
consideration subject to Section 87 of the 1963 Act. [703-C-D, 705-F-GJ H
696 SUPREME COURT REPORTS [2003] SUPP. 4 S.C.R.
A Aleykutty John v. Taluk Land Board, (1981) KLT 731 and Joseph
Thomas v. State of Kera/a, (1987) 2 KLT 273, referred to.
• 2.1. lt is clear from the definition of private forests given in Kerala
Private Forests (Vesting and Assignment) Act, 1971 that any land to
B· which the Madras Preservation of Private Forests Act, 1949 (MPPF
Act) applied immediately before the .appointed day was :a· private
forest. Admittedly, to the lands in question, the MPPF Act was
applicable as the very permission for selling the lands was giranted by
the District Collector under Section 3(l)(a) of the MPPF Act. If the
land,s were not private forests, there was no question of the owners
C ·applying for previous sanction and at any rate District Collector
granting permission under Section 3(l)(a) of the MPPF Act did not
arise. The Taluk Land Board committed a serious error both on facts
and in law in holding that the respondents failed to prove that the lands
in question were private forests. As per Section 81(l)(d) of the 1963
D Act, private forests are exempted in reckoning or determining the
ceiling area of a holder of the lands. [703-B-C, 705-B-D]
2.2. Although material was placed before the Board to show that
the forest lands were converted into plantation before 1.1.1970, the Tatuk
E Land Board rejected the plea of the respondents as to the conversion
into plantations before 1.1.1970. Under Section 8l(l)(d) & (e) .of the
1963 Act, both private forests and plantations are exempted . Assuming
that the respondents failed to establish tha! the for.est lands were not
converted into plantation before 1.1.1970, yet did not affect their claim
for exemption as the lands continued to be private forests. {705-D-E]
F
3. The alternative argument advanced on behalf of the appellants
that the lands in question vested in the State by virtue of the provisions
of the Kerala Private Forests (Vesting and Assignment) Act, 1971 does
not help the appellants as on this front also the State had failed in the
G proceedings taken up .under the said Act. [708-B)
4. It is clear that the Taluk Land Board decided the question of
law erroneously in 't~king the view that the benefit. of exemption
available to. private forests could be denied on account· of
H non-conversion of those lands into plantation before 1.1.1970; In the
STATE v. K. SAROJINI AMMA [PATIL, J.] 697
absence of any material that private forests were converted into non- A
exempted category of lands, it was not permissible to the Taluk Land
Board to deny the benefit of exemption claimed by the respondents.
Denying the benefit of exemption of the lands being private foresti
when they were not converted into category of non-exempted lands
were a clear case of deciding the question of law erron~ously. Hence, B
the High Court was right in upsetting the order of the Taluk Land
Board. (708-E, 707-H, 708-A, 708-E-F, 708-A]
5. The High Court had powers under Article 227 of the Constitution
of India to quash the orders passed by the Tribunal if the findings of
fact had been arrived at by non-consideration of the relevant and C
material documents. (708-H, 709-A]
Baby v. Travancore Devaswom Board and Ors., (1998] 8 SCC 310
relied on.
Kera/a Ayurveda Vydyasala Ltd v. Pandara Valappi Kallianai & D
Anr., (1999) 3 SCC 238, distinguished.
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 321-322
of 1998.
From the Judgment and Order dated 11.9.95 of the KeralaHigh Court E
in C.R.P. Nos. 1654/91-G and 1697 of 1991-C.
WITH
C.A. No. 324 of 1998.
F
John Mathew, K.R. Sasiprabhu, Ms. Malini Poduval, for the Appellant.
T.L.V. Iyer, P. Krishnamurthy, V.J. Francis, P.I. Jose, Jeni~ V.
Francis, C.N. Sree Kumar, S.U.K. Sagar, Ms. Bina Madhavan, Prasanth P.,
Ms. G. Indra, for the Respondents. G
The Judgment of the Court was delivered by
SHIVARAJ V. PATIL, J.: The State ofKerala is in appeal assailing
the impugned orders passed by the High Court made in exercise of its
revisional jurisdiction under Section I 03 of the Kenda Land Reforms Act, H
698 SUPREME COURT REPORTS [2003] SUPP. 4 S.C.R.
_A J 963 (for short 'the Act'). The Taluk Land Board directed the resp<:>ndents
!o surrender a total exten~ of ab9ut 7067 acres of land holding that, that
was the exces~ land in their possession as on 1.1.1970, the date on which
,~h~ _ceiling .provisions of the Act were ~rought into force. Late Shri C.
Kumaran !'Jair,purchased 1501 acres of land on 22.12.1965 which was a
,B _private forest. It was also the case of the respondents that the said land
_·was converted into rubber plantation before 1.1.1970. The legal heirs of
Late Shri C. Kumaran Nair were the declarants in Ceiling Case S.R. 780
of 1973 in the Taluk Land Board, Perintalmanna. Their main contention
. was that the area of 1501 acres of land purchased·by Late Shri C. Kumaran
C ·Nair, being a priva~e forest, wa~ exempted under Se~tion 81 of the Act ~d
• . - further that the said land havmg been converted mto rubber plantation
before 1.1.1970 also got the benefit of exemption under the said Section.
The Taluk Land Board rejected the contentions of the respondents and held
tftat excess i~d of 1501 acres was in their possession. Hence, aggrieved
by the said order, the respondents filed C.R.P. No. 1654 of 1991 in the
P
-~ High Court ..
The claim made by the assignees of the declarants in respect of the
·properties in Mannarkkad taluk over 546.56 acres was also rejected on the
ground that they failed to establish their claim of plantation over the said
_E land prior to l .1.1970. Aggrieved by the rejection of their claim, the
assignees of the declarants filed C.R.P. No. 1697of1991. The High Court
by the impugned common order concluded that the area of 150 l acres
purchased by Late Shri C.Kumaran Nair on 22.12.1965 should be excluded
from reckoning in the ceiling area applicable to the respondents but no
:f discussion was made in regard to the subiect
~
matter and the questions raised
in C.R.P. No. 1697 of 1991. In that situation, a review petition was filed
by the respondents in C.KP. No. 1697 of 1991 which was allowed by the
High Court by the orderdated 30th July, 1996 holding that non-mentioning
·of 257 acres of land cove~ed by revision petition in C.R.P. No. 1697 of
1991 was only an omission and that was· to be incorporated in last
:.t.G paragraph of the common order made in both the C.R.Ps. on 11.19.1995
without affecting the order made in C.R.P. No. 1654 of 1991. C.A. No.
324 of 1998 is against this order of the High Court made in review.
The learned counsel for the appellants c_ontended that the High Court
H - in its revisional jurisdiction under Section I 03 of the Act was not right and
STATE v. K. SAROJINI AMMA [PATIL, J.] -699
justified in interfering with the order passed by the Taluk Land Board; the A
High Court could disturb the finding recorded by the Taluk Land Board
only when the Board decided the question of law erroneously or failed to
decide any question oflaw; from the impugned order, it cannot be said that
the Taluk Land Board had decided any question of law erroneously or
failed to decide any question oflaw. The learned counsel further submitted B
that on the facts found by the Taluk Land Board, its conclusions could be ' -
sustained; the respondents failed to establish that there was plantation in
the lands in question prior to 1.1.1970; further the lands in question being
the private forest vested in the Government under the Kerala Private
Forests (Vesting and Assignment) Act, 1971. C
In opposition, the learned senior counsel for the respondents made
submissions supporting the impugned order for the reasons recorded
therein; they submitted that the situation existing on the lands and the
nature of lands as on 1.4.1964 were relevant. According to them, the lands D
in question were private forest as on 1.4. 1964 and even assuming that there -
was no plantation on the lands before 1.1.19,~0, the position as to
exemption of the lands from the calculation to cJiling area is not affected
as per Section 8l{l)(d); it is not the case that the exempted category of
lands on 1.4.1964 were converted into non-exempted category of lands.
According to the learned senior counsel, when the Taluk Land Board E
committed a serious error in law as regards the relevant date in considering
the exemption in the light of the law laid down by the High Court in the
earlier judgments, the High Court was justified in interfering exercising
revisional jurisdiction under Section I 03 of the Act inasmuch as the Talk
Land Board decided the question of law erroneously on the facts either F
found or established; the Board also failed to decide the question of law
as to the effect when the exempted category of lands were converted to
non-exempted category of lands. Even otherwise, the High Court was
justified in passing the impugned order in its jurisdiction under Article 227
of the Constitution of India. ~G
In order to appreciate the rival contentions urged on behalf of the
parties having regard to the facts found or established or admitted, it is
useful to notice certain provisions of the Act to the extent they are relevant
and having bearing on the decision of the case" H
ioo SUPREME COURT REPORTS (2003] SUPP. 4 S.C.R.
A '• "Section 2(47) - "Private forest" means a forest which is not
· · ' owned by the government, but does not include-
Section 81 - Exemptions - (1) The provisions of this Chapter
shall not apply to -
o·
(a) .................
(b) .................
(c) .................
E
(d) private forests;
(e) . plan.tations;"
Section 83 - "No person to hold land in excess ofthe ceiling area-
F
With effect from such date as may be notified by the Government
in the Gazette, no person shall be entitled to own or hold or to
possess under a mortgage lands in the aggregate in excess of the
ceiling area."
G Section 87 - "Excess land obtained by gift etc., to be surrendered-
( 1) Where any person acquires any land after the date notified
under Section 83 by gift, purchase, mortgage with possession,
lease, surrender or any other kind of transfer intervivos or by
bequest or inheritance or otherwise and in consequence thereof,
H the total extent of land owned or held by such person exceeds the
STATE v. K. SAROJINI AMMA [PATIL, J.] 701
ceiling area, such excess shall be surrendered to such authority as A
may be prescribed.
Explanation I - Where any land is exempted by or under Section
81 and such exemption is in force on the date notified under
Section 83, such land shall, with effect from the date on which B
it ceases to be exempted, be deemed to be land acquired after the
date notified under Section 83.
Explanation.II - Where, after the date notified under Section 83,
any class of land specified in Schedule II has been converted into
any other class of land specified in that Schedule or any land C
exempt under Section 81 from the provisions of this Chapter is
converted into any class ofland not so exempt and in consequence
thereof the total extent of land owned or held by a person exceeds
the ceiling area, so much extent of land as is in excess of the
ceiling area, shall be deemed to be land acquired after the said D
date."
Section 103 - "Revision by High Court -
(l)(i) .................................. .
(ii) .................................. .
E
(iii) any final order of the Taluk Land Board under this Act, may,
within such time as may be prescribed, prefer a petition to
the High Court against the order on the ground that the
appellate authority or the Land Board, or the Taluk Land F
Board, as the case may be, has either decided erroneously,
or failed to decide, any question of law.
(lA) ....................... .
(lB) ....................... . G
(2) ....................... .
(3)
(4) "
H
702 SUPREME.COURT REPORTS [2003]SUPP. 4 S.C.R.
A' 1 · The relevant provisions 6f the Madras Preservation of Private Forests
A<:t, 1949 (for short 'the MPPF Act') are as under:-
Section 3. "Preservation· of Private Forests -
(l) (a) - No owner of any forest shall, without the previous
·sanction of the District Collector sell, mortgage, lease or otherwise
alienate the whole or any portion of the forest.
· Explanation - ......................... .
C" (b) Any alienation in contravention of clause (a) shall be
null and void -
.... ,. . ·(i) if the alienation· is of any forest declared by the District
Collector to be a forest under clause (iii) of Section I (2) or
.r• .
of any portion of such a forest, and is made on or after the
date on which the declaration takes effect;
(ii) [ ....... ]
(iii) if the alienation is of any other forest or of any portion of
such a forest, and is made on or after the 16th August, 1946."
·Section 2(t) of the Kerala Private Forests (Vesting and Assignment)
Act; 1971 reads as under:- .
... .
F~ .· ~ ' ..."private forests" means -
(I) in relation to the Malabar district referred to in sub-section(2)
of Section 5 of the State Reorganisation Act, 1956 (Central
Act 37 of 1956) -
(i) any land which the Madras Preservation of Private
Forest Act, 1949 (Madras Act XXVII of 1949) applied
immediately before the appointed day excluding -
(A) land which are gardens or nilams as defined in the
Kerala Land Reforms Act, 1963 (1 of 1964).
STATE v. K. SAROJINI AMMA [PATIL, J.] 703
(B) land which are used principally for the cultivation of A
tea, coffee, cocoa, rubber, cardamom or cinnamon and
lands used for any purpose ancillary to the cultivation
of such crops or for the preparation of the same for the
market."
B
It is clear from the definition of private forests given in Kerala Private
Forests (Vesting and Assignment) Act, 1971 that any land to which the
MPPF Act applied immediately before the appointed day was a private
forest. Admittedly, to the lands in question, the MPPF Act was applicable
as the very permission for selling the lands was granted by the District C :
Collector under Section 3(l)(a) of the MPPF Act.
Sections 81 and 82 of the Act appearing in Chapter III ciµne into force
on 1.4.1964 and Section 83 of the Act relating to ceiling area was brought
into force w.e.f. 1.7.1970. The Kerala Forests (Vesting and Assignment)
Act, came into force on 10.5.1971. D
The Taluk Land Board directed the respondents to surrender excess
land of2067 acres holding that they were in possession of this excess land
as on 1.1.1970, the date on which the ceiling provisions of the Act came
into force. According to the respondents, they were not the excess lands E
being private forests falling within the purview the MPPF Act and the same
had been converted into a plantation before 1.1.1970. According to them,
these lands were exempted under Section 8l(l)(d)&(e). The Taluk Land
Board did not accept the plea of the respondents. It recorded a finding
that the respondents did not place records and proper evidence to show that F
the lands held by them were private forests to claim exemption and to
prove that those lands had been converted into rubber plantation before
1.1.1970. Thus, rejecting the claim of the respondents for exemption, the
Board held that the respondents had to surrender the total extent of 2067
acres of land.
G
The High Court upset the order passed by the Taluk Land Board
observing thus:
"It appears that even the State has no dispute on the point that the
land purchased by Shri Kumaran Nair was initially a private forest H
t
1
t:
I
704 SUPREME COURT REPORTS [2003] SUPP. 4 S.C.R. (
A falling within the purview of Madras_ Preservation of Private
Forests Act. This may be because the State cannot now wriggle _
out of the permission granted by the District Collector on
23.8.1965 under Section 3(l)(a) of the MPPF Act in favour ofone
Abdu Haji and Kadarshah for selling the property of Shri Kumaran
Nair. District Collector could have granted permission only if the
B
property fell within the meaning of the said Act. If it was a private
forest and remained so on l. l .1970 such land was exempted from
the ceiling provisions enumerated in Chapter III of the Kerala
Land Reforms Act. If private forest had been converted into
plantation before 1.1.1970 then also the same would stand
c exempted from the ceiling provisions. This can be discerned from
Section 8l(a)(d) and (e) of the Kerala Land Reforms Act. Learned
senior counsel invited my attention to the decision rendered by
U.L. Bhat. J. (as His Lordship then was) reported in Alekutty John
v. Taluk Land Board, (1981) K.L.T. 731 that the crucial date as
D for Section 81 was 1.4.1964 and not 1.1.1970. The latter may be
important if the exempted category ,happened to be a non-
exempted category before that date. I would say that if the
exempted category was converted into another exempted category
before I. LI 970 the position would still remain unaffected as for
E the declarant."
The High Court has also recorded in the impugned order that a
specific question was put to the learned Additional Advocate General as
to whether the State had a case that private forest was not converted into
F a plantation before 1.1.1970 and that the learned Additional Advocate
General replied that he was not definite about it.
It is on record that the District Collector, Palakkad granted permission
to transfer 1501 acres of land to Abdul Haji and Kadarshah in favour of
late Shri Kumkaran Nair on 23.8.1965. In the said permission, there is
G reference to the MPPF Act - Survey of Forest and alteration granted in
respect of 1583.95 acres and that on the application made by Abdul Haji
and Kadarshah permission was granted under Section 3(l)(a) of the said
Act and the rules and regulations made thereunder read with Section 119
of th~ States' Reorganisation Act, 1956 and clause 4(1) of the Kerala
H Adoption of Laws Order, 1956 to sell various lands measuring 1583.95
STATE v. K. SAROJINI AMMA [PATIL, J.] 705
acres in favour of Late Shri Kumaran Nair. The permission also indicates A
that separate permission was to be obtained from the Collector for felling
trees. It is not disputed that the said Act applies to the private forests.
Previous sanction of the District Collector was required under Section 3(1)
of the said Act in case an owner of the forest i.e. private forest wished to
alienate any portion of the forest. The fact that the owners of the private B
forest applied to the District Collector seeking permission to sell the forest
land of 1501 acres in favour of Late Shri Kumaran Nair and that the District
Collector granted permission accordingly under the Act as early as on
23.8.1965 is a matter ofrecord. If the lands were not private forests, there
_ was no question of the owners applying for previous sanction and at ar,y
rate District Collector granting permission under Section 3(l)(a) of the Act C
did not arise. If the lands were not private forests, the District Collector
ought to have refused permission as rightly observed by the High Court.
The Taluk Land Board committed a serious error both on facts and in law
in holding that the respondents failed to prove that the lands in question
were private forests. As per Section 81 (1 )(d), private forests are exempted D
in reckoning or detei:rnining the ceiling area of a holder of the lands.
Although material was placed before the Board to show that the forest lands
were converted into plantation before 1.1.1970, the Taluk L~nd Board
rejected the plea of the respondents as to the conversion into plantations
before 1.1.1970. Under Section 81 ( 1)(d)&( e), both private forests and E
plantations are exempted. Assuming that the respondents failed to establish
that the forest lands were not converted into plantation before 1.1.1970,
yet it did not affect their claim for exemption as the lands continued to
be private forests. It is not the case of the appellants that the exempted
category of lands were converted into non-exempted category of lands so F
as to apply Section 87 of the Act. It is not the case where exemption
available to private forest ceased. For the purpose ofreckoning the ceiling
---
area of the holder of the lands, the position existing as on 1.4.1964 is to
be taken into consideration subject to Section 87 of the Act. The Kerala
High Court has considered this aspect of the matter in earlier decisions.
In A/eykutty John v. Taluk Land Board, (1981) KL T 731 in paras 7 and G
8 of the said judgment, it is held thus:-
"7. S.82(4) states that where after the commencement of this Act,
any class of land specified in Schedule II has been converted into
any other class of land specified in that Schedule or into a H
706 SUPREME COURT REPORTS (2003] SUPP. 4 S.C.R.
A plantation, the extent of land liable to be surrendered by a person
owning or holding such land shall be determined without taking
into consideration such conversion. The date of the commencement
of the Act for the purpose of S. 84 is undoubtedly 1.4.1964. ·This
has been made clear by this Court in Ramunni Nair v. The State
of Kera/a, (1976) K.L.T. 732 and by the Supreme Court in
B
Mathew & Others v. Taluk Land Board, (1979) KLT. 601. The
date of the commencement of the Act i.e. 1.4.1964 is significant
in two ways; that is, the nature of the land on a particular day and
the conversion after that day. S. 82(4) will be attracted only if
the land was of the nature specified in Schedule II on 1.4.1964.
c Again, only where the conversion was made after 1.4.1964, this
provision will be attracted. In other words, the meaning of this
provision would be clearly brought out if.we read the provision
in the following way:
D' "Where any class of land of the nature specified in Schedule II
at the commencement of the Act i.e. on 1.4.1964 has been, after
the commencement of this Act, i.e. 1.4.1964, converted into any
other class of land specified in that schedule or into a plantation,
the extent of land liable to be surrendered by a person owning or
E holding such land shall be determined without taking into
consideration such conversion~"
If the provision is read in the above manner, it will bring out
correctly the legislative meaning. The time element is relevant
vis-a-vis conversion as well as the nature of the property prior to
F conversion. On 1.4.1964 the land must be of the class specified
in Schedule II. After 1.4.1964 it must be converted into any other
class of land specified in Schedule II ot a plantation. It is only
where both these conditions are satisfied that the operation of the
provision would be attracted. If one of these conditions is not
G satisfied, the provision will not have any operation at all.
8. The above proposition can be explained in the following way.
One of the conditions is that the conversion must be after the
commencement of the Act, viz. 1.4.1964. Of course, if the
H conversion is after 1.1.1970, this provisiou will not be applicable
ST ATE v. K. SAROJINI AMMA [PATIL, J .) 707
though under the general scheme of Chapter III such a conversion
A
will have to be ignored or in appropriate cases it may attract the
operation of S. 87 of the Act. Then there is the other condition;
the land must be a class of land specified in Schedule II on
1.4.1964. If the land was a house site on l.4.1964 and ceased to
be house site and has become dry land thereafter, this condition B
is not fi\lfilled and S.82(4) will not be attracted. If the land was
plantati~. on 1.4.1964 and has been converted into dry land or
cocoanut \garden thereafter (but before 1.1. 70), this condition is
not fulfilled. That is because on 1.4.1964 the land was not of the
class specified in Schedule II. If this be the proper way to C
understand the scope of S. 82(4), and I have no doubt that it is
so, it would follow that whenever it is found that land is exempt
by reason 0f its falling within one or the other of the clauses in
S.81 (1) of the Act (I am not taking into consideration clauses (b ),
(h) and (k) which are not permanent exemptions or which are only D
exemptions of a temporary nature) it cannot be taken into account
for the purpose of determining the ceiling area under Section 85
whatever may have happened to its nature after l.4.1964 and
before 1.1.1970 and even thereafter, subject of course to S.87. In
this view, the fact that land which was private forest on 1.4.1969
has been converted into dry land in 1965 and thereafter into E
plantation in 1969 will not matter at all and the land continues to
be exempted for the purpose of S.85 of the Act."
The same High Court yet in another case in Joseph Thomas v. State
of Kera/a, ( 1987) 2 KL T 273 has taken the view that "On a plain reading · F
of S.81, it is clear that "Private Forests" belong to that category of land
which enjoys the exemption without any restriction. If that be so, 'private
forest' converted into rubber plantation, although the conversion took place
after 1.4.1964, requires to be excluded from the accounts of the declarant
because die land converted belongs to the category of lands permanently G
exempted from the purview of the ceiling provisions contained in KLR
Act."
Thus, this being the legal position, in the absence of any material that
private forests were converted into non-exempted category of lands, it was
not permissible to the Taluk Land Board to deny the benefit of exemption H
708 SUPREME COURT REPORTS [2003] SUPP. 4 S.C.R.
A claimed by the respondents. Hence, the High Court was right in upsetting
the order of the Taluk Land Board. ,
The altP.rnative argument advanced on behalf of the appellants that
the lands in question vested in the State by virtue of the provisions of the
B Kerala Private Forests (Vesting and Assignment) Act, 1971 does not help
the appellants as on this front also the State had failed in the proceedings
taken up under the said Act. The Forest Tribunal by its order dated
21.7.1978 in 0.A. Nos. 81/1986, 8211976, 83/1976 and 84/1976 had held
that the land did not vest in the Government except some rocky and other
portions stated in the said order. Appeal filed before the High Court by
C the State of Kerala challenging the said order of the Forest Tribunal was
al5o dismissed. Further, even the S.L.P. filed in this regard against the
order of the High Court passed in the appeal was dismissed. In this view,
the argument that the lands in question vested in the State cannot be
accepted.
D
What remains to be considered is whether the High Court committed
an error of jurisdiction in passing the impugned order when the Taluk Land
Board did not consider the question of law erroneously or failed to consider
any question of law. From the facts found and looking to the provisions .,
E of Jaw and the discussion made in the impugned order of the High Court,
it is clear that the Taluk Land Board decided the question of law
erroneously in taking the view that the benefit of exemption available to
private forests could be denied on account of non-conversion of those lands
into plantation before J .1.1970. As already discussed abovt:, denying the
F benefit of exemption of the lands being private forests when they were not
converted i~to category ofnon-exempted lands was a clear case of deciding
the question of law erroneously. This apart, as held by this Court in dealing
with the scope of the provision of Section 103 of the Act in Baby v.
Travancore Devaswom Board and Ors., [1998] 8 SCC 310, the High Court
had powers under Article 227 of the Constitution of India to quash the
G orders passed by the Tribunals if the findings of fact had been arrived at
by non-consideration of the relevant and material documents. Para 6 of
the said judgment reads:
"But that, in our opinion, is not the end of the matter. The High
H Court had still powers under Article 227 of the Constitution of
STATEv. K. SAROJINI AMMA [PATIL, J.] 709
India to quash the orders passed by the tribunals if the findings A
of fact had been arrived at by non-consideration of the relevant
and material documents the consideration of which could have Jed
to an opposite conclusion. This power of the High Court under
the Constitution of India is always in addition to the powers of
revision under Section 103 of the Act. In that view of the matter, B
the High Court rightly set aside the orders of the tribunals. We
do not, therefore, interfere under Article 136 of the Constitution
of India. The appeals fail and are dismissed."
The decision of this Court in Kera/a Ayurveda Vydyasala Ltd. v.
Pandara Valappil Kallianai & Anr., [1999) 3 SCC 238 on which reliance C
is placed on behalf of the appellants in support of their contention as to
the limited jurisdiction of the High Court under Section 103 of the Act,
in our view, does not help them. The said decision was on the facts of
that case. That was a case where the learned Single Judge of the High Court
did not record a finding that the Tribunal or the appellate authority has D
either decided a question of law or has failed to decide the question of Jaw.
But a perusal of the impugned judgment in the present case shows that the
High Court has recorded that the Taluk Land Board decided the question
of Jaw erroneously. Even otherwise, in the light of the decision in Baby
v. Travancore Devaswom Board and Ors. (supra) the High Court could E
exercise powers under Section Article 227 of the Constitution of India.
Having regard to all aspects and in the light of what is stated above,
we decline to interfere with the impugned orders. Consequently, the
appeals are dismissed. Parties to bear their costs.
F
A.K.T. Appeals dismissed.
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