VidhiSangh

Supreme Court of India · 25/09/2018

THE STATE OF KERALA & ANR. versus GOURI & ORS.

[2018] 12 S.C.R. 682 · 2018 INSC 869

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Summary

The Supreme Court dismissed Kerala’s appeal against exemption of the respondents’ land from forest vesting. Applying the statutory interpretation in the companion appeal decided the same day, it upheld the High Court’s findings that the landowners acquired the land before 10 May 1971 and used it for personal cultivation. Those findings rested on a commissioner’s inspection in both parties’ presence and proper appreciation of the evidence; no perversity, arbitrariness or illegality justified interference.

Issues

  1. Whether the High Court’s factual findings supported exemption from private-forest vesting under section 3(3).

Provisions considered

Held

Result

State appeal dismissed; High Court’s recognition of the landowners’ exemption from vesting upheld.

Judgment PDF: Supreme Court of India, [2018] 12 S.C.R. 682.