Petitioner challenges Ext.P18 to the extent of incorporating a provision which restricts the right of the petitioner to use the land for any purpose other than the purpose of forestry. The relevant clause reads as under:
“Any diversion of such land for non forestry purpose will require permission of Central Govt. irrespective of the ownership of the land in question. Further such land will be managed under the provisions of the working plan/working schemes approved by Govt. of India.”
2. In the statement filed by the 4th respondent, it is inter alia stated that as per the Government Order at Ext.R4(a) directing restoration of the property to the petitioner, there is no such restriction.
3. The facts involved in the matter relate to exemption granted by the Forest Tribunal under the W.P.C.No.12998/2014 2 provisions of the Kerala Private Forests (Vesting & Assignment) Act, 1971. When the property was restored to the petitioner by virtue of Ext.P18 order, respondent authority had imposed a condition as aforesaid which, according to the petitioner, is totally illegal.
4. Going by Ext.R4(a) also, it is clear that there is no such instruction given by the Government in that regard. Apparently, the 4th respondent has relied upon some other observation made in another Government order and therefore it is clear that the aforesaid instruction issued in Ext.P18 is bad in law and is liable to be struck off.
In the result, the writ petition is allowed. It is declared that the observation extracted above in Ext.P18 is illegal and shall not form part of Ext.P18 order.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr W.P.C.No.12998/2014 3