Padmanabha Naik v. State Of Kerala & ORS
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 10TH DAY OF AUGUST 2015/19TH SRAVANA, 1937 WP(C).No. 29483 of 2009 (E) ---------------------------- PETITIONER :
---------------------- PADMANABHA NAIK, AGED 38 YEARS, S/O.CHIKKAPPA NAIK, NARODI HOUSE, PANDI P.O., MULLERIA, KASARAGODE.
BY ADV. SRI.A.S.RAJENDRAN NAIR RESPONDENT(S):
----------------------------
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST AND WILDLIFE, SECRETARIAT, THIRUVANANTHAPURAM.
2. THE CHIEF CONSERVATOR OF FOREST, THIRUVANANTHAPURAM.
3. THE FOREST CONSERVATOR, NORTHERN CIRCLE, KOZHIKODE.
4. THE DIVISIONAL FOREST OFFICER, KANNUR.
5. THE FOREST RANGE OFFICER, KASARGOD.
6. UNION OF INDIA, REP. BY SECRETARY, DEPARTMENT OF ENVIRONMENT AND FOREST.
R1 TO R5 BY SPL. GOVT PLEADER (FOREST) SRI.M.A.THOMAS KUTTY R6 BY ASSISTANT SOLICITOR GENERAL SRI.N.NAGARESH SRI.JAMES KURIAN, CGC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).NO.29483/2009 APPENDIX PETITIONER'S EXHIBITS:
EXT.P1 COPY OF THE ORDER DATED 24/09/2009 OF THE SECRETARY, DEPARTMENT OF FOREST.
EXT.P2 COPY OF THE NOTICE DATED 20/04/1993 OF THE FOREST RANGE OFFICER KASARGOD.
EXT.P3 COPY OF THE RENEWAL APPLICATION IN THE PRESCRIBED FORM FILED BY THE PETITIONER DATED 29/01/1999 EXT.P3(a) COPY OF THE COVERING LETTER DATED 29/01/1999 FILED ALONG WITH RENEWAL APPLICATION.
EXT.P4 COPY OF THE RECOMMENDATION OF THE FOREST CONSERVATOR, NORTHERN CIRCLE, KOZHIKODE DATED 5/5/1999.
EXT.P5 COPY OF THE NOTICE DATED 25/3/1999 ISSUED BY THE DIVISIONAL FOREST OFFICER EXT.P6 COPY OF THE PROCEEDING DATED 21/11/2000 EXT.P7 COPY OF THE REPORT FILED ON BEHALF OF THE DISTRICT COLLECTOR IN WP(C).NO.33939/2000.
EXT.P8 COPY OF THE JUDGMENT IN OP.NO.33933/00 DATED 8/01/2009 EXT.P8 COPY OF THE INTERIM ORDER IN WA.NO.2433/2008 DATED 01/01/09 EXT.P10 COPY OF THE JUDGMENT IN OP.NO.566/99 DATED 11/09/2006 RESPONDENT'S EXHIBITS:
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K. Vinod Chandran, J --------------------------------------- W.P.(C).No.29483 of 2009-E ---------------------------------------- Dated this the 10th day of August, 2015.
JUDGMENT
The petitioner is aggrieved with Exhibit P1 Government Order, which declined extension of a lease. The petitioner's predecessor-in-interest is said to have been put in possession of certain lands by virtue of a lease for 50 [fifty] years in the year 1949. The lessee is said to have cultivated the said properties. The petitioner being threatened with eviction, approached this Court, which writ petition was disposed of by Exhibit P8. The Government was directed to take a decision as to whether renewal can be granted or not, which stood rejected. The petitioner's prayer in the present writ petition is to quash Exhibit P1 and also direct the 1st respondent-State to apply to the 6th respondent-Union of India for getting approval insofar as extension of lease of property.
2. The question of approval is covered by the decision of the Hon'ble Supreme Court in State of Kerala v. Sunil Kumar [2006 (3) KLT 360 (SC)], wherein it was clearly declared that when
WP(C).No.29483 of 2009 - 2 - the State Government does not renew the lease, then there is no question of seeking approval from the Central Government. The State Government having decided not to grant the renewal, there is no question of an application for approval at this point of time.
3. As to the renewal, it is to be noticed that the lease was granted for fifty years from 26.02.1949 and the lease stood expired on the expiry of fifty years from that date. Admittedly the lands said to have been leased out to the petitioner's grand-father is reserve forest land covered by the Forest conservation Act, 1980. Specific reasons have been stated in Exhibit P1 for having decided not to renew the lease, which inter alia includes the terms of lease having been violated by reason of cash crops being cultivated and making pucca constructions in the land. Similar issues were considered by this Court in O.P.No.33948 of 2000, W.P.(C).No.25057 of 2012, W.P.(C).No.15817 of 2013 and W.P. (C).No.4887 of 2013 and held that the lessee has no vested right to seek for renewal of lease. After the implementation of the Act of 1980, no forest land can be used for non-forest activities without prior approval of the Central Government. An approval need be applied for only if the State Government seeks to renew the lease.
WP(C).No.29483 of 2009 - 3 - Herein, the State Government having decided not to grant the lease on valid grounds in tune with the Act of 1980, no necessity exists for making an application for approval. Nor can the petitioner be allowed to continue, the lease having been determined.
In the above circumstances, the writ petition would stand dismissed. No costs.
Sd/- K.Vinod Chandran Judge.
vku/- [ true copy ]