Baby MGb vs State Of Kerala And Ors

The applicant, who is a headload worker at Kothamangalam Forest Timber Depot under the Forest Department, has filed the present application, praying for quashing of the Government Order in G.O.(Rt) No.4927/13/Rev, Department, dated 07.09.2013 and to declare the said order as illegal and to direct the 3rd respondent, the Additional Principal Chief Conservator of Forest (Protection), to register a case against the Officer in-charge of the first respondent Government of Kerala.

The grievance of the applicant is that the Kothamangalam Forest Timber Depot is situated in the heart of Kothamangalam Town, started by the Forest Department in the Forest land vide an official Gazette Notification dated 20.10.1917. Based on the long pending demand of Kothamangalam Municipality, various lands were given to the Municipality for developmental activities in various G.Os including G.O.Ms. 266/73/AD dated 04.10.1978. Accordingly, by an order dated 04.10.1978 around two acres of land situated in Survey Nos. 1018/1 was allotted to the Revenue Department for the construction of Public Offices. In this way, Kothamangalam Municipality is attempting to get more and more forest lands and by virtue of the impugned G.O dated 07.09.2013, the Government has taken action on the basis of a meeting dated 28.05.2013 held under the Chairmanship of the Hon'ble Chief Minister for realising the lands under the ownership of Forest Department for the requirement of the Kothamangalam Municipality. This is challenged on the ground that the lands sought to be realised are Reserve Forest and there is absolutely no right on the part of the Government to make use of the forest lands for non forest activities. With the above pleadings, the application has been filed to set aside the Government Order.

A reference to the Government Order dated 07.09.2013 shows that a policy decision has been taken by the Government for realising some of the lands from the Forest Department to be placed at the disposal of the Kothamangalam Municipality and it appears that the Forest Department has shown its willingness to transfer 75 cents of land to the Revenue Department for general requirement of Kothamangalam Municipality. It is also stated that a new forest complex shall be constructed in the said land and new flats shall be constructed instead of existing building complex and quarters and a green belt shall also be established. In view of the emergency, action shall be taken to relocate the Timber Depot in accordance with the decision taken in the Higher Power Committee meeting held on 28.11.2011.

In the reply filed by the 1st respondent, adopted by the respondents 2 to 6, it is stated that by the impugned Government Order, the Government has decided to replace the Timber Depot located in the alleged forest land and shift it to somewhere else and to transfer the land to the 8th respondent, Kothamangalam Municipality for township development. It is stated that there is some dispute with regard to the land and the matter has been referred to the High Power Committee headed by the Chief Secretary of Kerala. On 13.06.2016, the High Power Committee perused the available records and found that as per the village records, though the land in question is a revenue poromboke land, it is in the possession of the Forest Department since 1917. During the meeting of the High Power Committee, the Head of Forest Force has submitted that no alternative site could be found and it is not possible to shift the Timber Depot and the proposed Forest Station Complex. In these circumstances, the request of the Municipality is general in nature and not specific for any special development project and it has been decided by the Government to review the impugned Government Order. The relevant portion stated in the reply affidavit is as follows:

" It is further submitted that the request of the Municipality is general and no specific development project is proposed by the Municipality. In the above circumstances, it has been decided that the decision in G.O.(Rt) No.4927/13/Rev. dated 07.09.2013 will be reviewed."

In view of the categorical stand taken by the Government that instead of placing the property at the disposal of the Municipality, it has been decided to review the impugned G.O., we are of the view that no useful purpose would be served in keeping the application pending. However, we direct the Government to take effective steps for the purpose of reviewing the impugned G.O and pass appropriate orders.

With the above direction, the application is closed. There shall be no order as to costs.