VidhiSangh

Supreme Court of India · 25/09/2018

STATE OF KERALA & ANR. versus JOSEPH & ANR.

[2018] 12 S.C.R. 685 · 2018 INSC 870

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Summary

The Supreme Court dismissed Kerala’s renewed challenge to exemption of fourteen acres from private-forest vesting. Its 2007 decision in the same litigation had already construed section 3(3), including the relevance of conduct before and after the appointed day to an intention to cultivate. The State could not reopen that interpretation after remand. The Tribunal’s documentary findings, including pre-appointed-day title, cultivation and holdings within the ceiling, had been upheld by the High Court and disclosed no perversity or illegality.

Issues

  1. Whether the State could reopen the statutory interpretation settled in the earlier appeal after remand.
  2. Whether the factual findings supported exemption of the fourteen acres under section 3(3).

Provisions considered

Held

Result

State appeal dismissed; exemption of the fourteen acres from vesting upheld after remand.

Judgment PDF: Supreme Court of India, [2018] 12 S.C.R. 685.