Supreme Court Holds 37.5-Acre Coffee and Cardamom Estate Exempt from Vesting Under Kerala Private Forests Act

A bench of Justice Aravind Kumar and Justice N.V. Anjaria heard appeals from two consolidated High Court of Kerala judgments which had affirmed the Forest Tribunal's dismissal of Original Applications contesting the vesting of 37.50 acres in South Wayanad. The central issue before the Court was whether the lands vested in the State under the Kerala Private Forests (Vesting and Assignment) Act, 1971, or whether they were exempt as bona fide coffee and cardamom plantations existing prior to the appointed day, 10 May 1971.

The Court allowed the appeals, set aside the concurrent orders of the Forest Tribunal and the High Court, and declared that the entire 37.50 acres did not vest in the Government but stood exempted under Sections 3(2) and 3(3) of the Vesting Act. The Court directed restoration of the appellants' title and possession and restrained the State and its officers from treating the lands as vested forest. The Court, in its reasoning, observed: The judgment further declared that “the appellants' title and possessory rights over the property shall stand confirmed,” and directed correction of any erroneous demarcation within six weeks.

Background The dispute arose from a 1956–57 history in which the predecessor owner obtained Collector’s sanction and a clear‑felling permit under the Madras Preservation of Private Forests Act, subsequently acquiring and developing a 37.50‑acre parcel (the Kalpetta Estate parcel) into coffee (25 acres) and cardamom (12.5 acres) plantations. A registered sale deed of 24 January 1970 and subsequent plantation registrations (Coffee Board certificate 1972; Cardamom registration dated 30 June 1971), land revenue records, plantation tax payments and Taluk Land Board proceedings in 1976 treating the land as exempt plantation were placed on record by the appellants.

In the late 1990s the Forest Department claimed about 8.25 acres within the estate as vested forest and the appellants filed O.A. Nos. 36/1997 and 37/1997 before the Forest Tribunal. The Tribunal initially dismissed the applications; the High Court remanded once for a fresh inquiry and ultimately, by its judgment dated 28 February 2012, affirmed the Tribunal’s final dismissal. The appellants relied on documentary evidence, an Advocate‑Commissioner’s inspection and an expert (a retired Deputy Director of the Coffee Board) who estimated many coffee trees to be 40–42 years old in 2007, consistent with planting in the mid‑1960s. The State countered that the evidence did not prove cultivation of the disputed pockets as on 10 May 1971, questioned the expert methodology and raised ceiling‑limit contentions under the Kerala Land Reforms Act.

The Supreme Court found the appellants’ documentary and expert evidence credible, held that concurrent findings below were vitiated by excessive skepticism, and applied settled principles that exemption is an exception and that the claimant must satisfy the preponderance‑of‑probabilities test. The Court allowed the appeals, quashed inconsistent entries and directed the Custodian and revenue authorities to realign demarcation, restraining interference with the appellants’ possession. The interim orders, if any, were vacated and no costs were awarded.

Case Details: Case No.: CIVIL APPEAL NO.6813-14 OF 2013 Case Title: M. JAMEELA v. THE STATE OF KERALA AND ANOTHER ETC Appearances: For the Petitioner(s): Sri Chidambaresh, Senior Counsel For the Respondent(s): Sri Jayanth Muth Raj, Senior Counsel