1. Petitioners have approached this Court inter alia seeking direction to the respondents to complete the proceedings for reviewing the notification declaring that the petitioners' properties are ecologically fragile lands by virtue of the provisions of Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 (hereinafter referred to as the ' EFL Act').
2. Petitioners contend that they are joint owners with respect to an area of 75 cents of property. Though the said property was exempted from the provisions of the Kerala Private Forests (Vesting and Assignment) Act, 1971, the respondent authority had notified the said land under the EFL Act. Petitioner submitted application under Rule 17 of the Kerala Forest W.P.(C)No.4924 of 2014 -:2:-
(Vesting and Management of Ecologically Fragile Lands) Rules, 2007 by way of Ext.P4. It is contended that though some reports were prepared by the committee constituted under the EFL Act, so far final orders have not been passed in the matter. Hence, the petitioner has inter alia sought for early completion of the proceedings.
3. Learned Government Pleader, on instructions, would submit that necessary enquiry under Section 10A of the Act and the Rules framed thereunder has to be conducted and the same are in progress. However, it is contended by the learned counsel for the petitioners that since the property is having an extent of more than two hectares, Section 10A will not apply, whereas the procedure to be adopted is Rule 17 read with other provisions under the Rules.
4. Having regard to the above factual situation, whatever be the W.P.(C)No.4924 of 2014 -:3:-
method of procedure adopted by the respondent authority, since the petitioners submitted Ext.P4 application it is for the respondent authority to pass appropriate orders within a specified time, after conducting all necessary enquiry, in accordance with the procedure prescribed. In the said circumstances, this writ petition is disposed of as under:
The respondents shall finalise the proceedings pursuant to Ext.P4 and pass appropriate orders, within a period of three months from the date of receipt of a copy of this judgment.
A.M.Shaffique, Judge.
sl.