No Prohibition In Law Restraining Assignee From Appropriating Trees Standing On Assigned Land: Kerala High Court
2 years, 10 months ago

No Prohibition In Law Restraining Assignee From Appropriating Trees Standing On Assigned Land: Kerala High Court

Live Law  

The Kerala High Court recently established that there is no prohibition or restrictions in law restraining an assignee or successors-in-interest from cutting or appropriating any trees standing on the assigned land. "there is no prohibition or restriction restraining an assignee or successors-in-interest from cutting or appropriating any trees standing on the assigned land, either under the Kerala Land Reforms Act, 1963 or under the KLR Rules, 1970." In the above plea, the High Court directed the Tahsildar to submit a report within 3 weeks and the 3rd respondent was directed to pass orders in the light of the Kerala Land Reforms Act. Special Government Pleader T.P Sajan contested the petition and argued that the land owned by the petitioner originally belonged to the Government as per the Kerala Land Reforms Act.

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History of this topic

Forest officers have no indemnity against action done with malicious intent: Kerala HC
1 month, 1 week ago

Forest officers have no indemnity against action done with malicious intent: Kerala HC

The Hindu  

The Kerala High Court has held that if forest officers do certain acts in blatant disregard of ordinary care and caution, and with wrong or malicious intent, those actions will not get protection under section 74 of the Kerala Forest Act, 1961. The court made the observation while dismissing an appeal filed by the Nilambur Divisional Forest Officer against a …

S.74 Kerala Forest Act Protects Acts Done By Officials In Good Faith, Doesn't Grant Unbridled Power Of Seizure: High Court
1 month, 1 week ago

S.74 Kerala Forest Act Protects Acts Done By Officials In Good Faith, Doesn't Grant Unbridled Power Of Seizure: High Court

Live Law  

The Kerala High Court held that if absolute protection is given to officers under Section 74 of Kerala Forest Act, damages caused to the person due to mischievous acts of an officer would not be addressed. For context, Section 74 gives protection from criminal or other proceedings to forest officers for acts done in good faith. The defendants challenged the …

Kerala Cabinet drops move to introduce Kerala Forest (Amendment) Bill, 2024 in the Assembly
2 months ago

Kerala Cabinet drops move to introduce Kerala Forest (Amendment) Bill, 2024 in the Assembly

The Hindu  

The Kerala Cabinet has dropped the move to introduce the contentious Kerala Forest Amendment, 2024 in the Assembly. Addressing a press conference here on Wednesday, Chief Minister Pinarayi Vijayan said the process of amending the Kerala Forest Act commenced in 2013 when the United Democratic Front was in power. The Cabinet decision came even as the Congress-led United Democratic Front …

T.N. Assembly passes Bill to amend Tamil Nadu Forest Act, 1882 to expedite process of allotting compensatory afforestation lands as reserved forests
2 months, 1 week ago

T.N. Assembly passes Bill to amend Tamil Nadu Forest Act, 1882 to expedite process of allotting compensatory afforestation lands as reserved forests

The Hindu  

The Tamil Nadu Assembly on Saturday passed a Bill to further amend the Tamil Nadu Forest Act, 1882, to expedite the process of allotting compensatory afforestation lands as reserved forests. The Bill, moved by Forest Minister K. Ponmudy, said the procedures prescribed in Section 4 to 16 of the Tamil Nadu Forest Act, 1882 for declaring any land as reserved …

Can Saving Clause In Forest Subordinate Service (Amendment) Special Rules, 2014 Extend To Promotion Of Appointees Under Earlier Rules? Kerala HC Answers
4 months ago

Can Saving Clause In Forest Subordinate Service (Amendment) Special Rules, 2014 Extend To Promotion Of Appointees Under Earlier Rules? Kerala HC Answers

Live Law  

The Kerala High Court held that the saving clause in the Kerala Forest Subordinate Service Special Rules, 2014 would not grant any entitlement to employees who were appointed under the Kerala Forest Subordinate Service of 1962 and Kerala Forest Subordinate Service Special Rules of 2010 in the matters of promotion. “it can be concluded that the saving clause in the …

Telegraph Act | Compensation For Damages Not Confined To Initial Cutting Of Trees, But Any Continuing Causes Of Action: Kerala High Court
1 year, 3 months ago

Telegraph Act | Compensation For Damages Not Confined To Initial Cutting Of Trees, But Any Continuing Causes Of Action: Kerala High Court

Live Law  

The Kerala High Court has clarified that under Section 10 of the Telegraph Act, 1885, the compensation for damages sustained by landowners is not confined to the initial cutting of trees, but also if any further work in the property results in damages to the landowner. The Court thus ascertained that the limitation period of three years as regards any …

[Kerala Land Reforms Act] Mutation In Favour Of Third Party Has No Bearing On Proceedings Against Predecessor-In-Interest Over Excess Land: High Court
2 years ago

[Kerala Land Reforms Act] Mutation In Favour Of Third Party Has No Bearing On Proceedings Against Predecessor-In-Interest Over Excess Land: High Court

Live Law  

The Kerala High Court recently directed the mutation of land covered by two sale deeds in favour of the person who purchased the land, notwithstanding the fact that the predecessor-in-interest was allegedly holding the land in excess of the ceiling limit under Kerala Land Reforms Act. The Single Judge Bench of Justice Gopinath P. observed, "Even in respect of cases …

Breaking: No Quarrying Or Construction Work On Lands Assigned For Cultivation: Kerala High Court
2 years, 9 months ago

Breaking: No Quarrying Or Construction Work On Lands Assigned For Cultivation: Kerala High Court

Live Law  

The Kerala High Court on Wednesday ruled that no quarrying activities are permitted on land assigned for cultivation and thereby directed the State Government to take steps for the resumption of such land, notify and exempt the provisions of requiredOverruling a Single Judge decision, a Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly in a batch …

Kerala High Court Quashes State Circular Restricting Fee Exemption On Converted Paddy Land
3 years, 4 months ago

Kerala High Court Quashes State Circular Restricting Fee Exemption On Converted Paddy Land

Live Law  

The Kerala High Court recently quashed a circular issued by the State government, limiting fee exemption on converted paddy land not included in the data bank only to applications filed after 25th February this year.A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly also directed the concerned authority to consider the applications submitted by the petitioners. …

Kerala High Court Stays Govt Order Sanctioning Land Acquisition By State Exempting Land Value From Compensation
3 years, 7 months ago

Kerala High Court Stays Govt Order Sanctioning Land Acquisition By State Exempting Land Value From Compensation

Live Law  

A writ petition has been filed before the Kerala High Court challenging the proceedings for land acquisition initiated by a Government Order dated 4th February 2021 by which an administrative sanction has been granted to acquire 102.6 acres of land belonging to the petitioner by merely paying the value of improvements made on the land as compensation. It was additionally …

Kerala: Year-long stir for land restoration
8 years, 3 months ago

Kerala: Year-long stir for land restoration

Deccan Chronicle  

KOZHIKODE: While the state observes ‘International Human Rights Day’ on Saturday, Treesa and James, daughter and son-in-law of the late farmer Kanjirathinal George, have been continuing their sit-in agitation in front of the Wayanad collectorate weathering the biting cold and scorching heat. The report of sub-collector Seeram Sambasiva Rao submitted recently on the direction from chief minister Pinarayi Vijayan says …

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