Holding

The Court held that the peripheral virgin‑forest plots are private forests that vest in the State, while the 641.73 acres of disputed plots are not private forests and therefore do not vest, with the company retaining rights to maintain existing roads but not to construct new ones in vested areas.

Summary

Bhavani Tea and Produce Co. Ltd., a plantation company, owned 3,151.20 acres in the Western Ghats and sought a declaration that none of its land should vest in the State under the Kerala Private Forests (Vesting & Assignment) Act, 1971. The Tribunal and the Kerala High Court identified certain plots as private forests that should vest in the State, while exempting others as plantation land. On appeal, the Supreme Court examined the statutory definition of "private forest" under the Vesting Act, the relevance of the Madras Preservation of Private Forests Act, and whether the estate should be treated as a unit or on a plot‑by‑plot basis. The Court held that the peripheral virgin‑forest plots (609.91 acres) are private forests and vest in the State, but the disputed 641.73 acres of plots listed are not private forests and therefore remain with the company, subject to limited road‑maintenance rights. The Court modified the High Court’s order accordingly and allowed the appeals in part.

Issues considered

Whether the disputed plots constitute "private forest" within the meaning of Section 2(f) of the Kerala Private Forests (Vesting & Assignment) Act, 1971 and thus vest in the State.
Whether lands that were plantations but later abandoned or ‘reverted to nature’ become private forests under the Vesting Act.
Whether the definition of private forest under the Vesting Act incorporates lands used principally for plantation crops and ancillary purposes, and whether the entire estate should be considered as a single unit or assessed plot‑by‑plot.
Whether the provisions of the Madras Preservation of Private Forests Act, 1949 and its amendments affect the status of the lands on the appointed day of 10‑May‑1971.
Whether the State may construct new roads in vested areas and the extent of the company's rights over existing roads within vested lands.

Legislation cited

Kerala Forest Act, 1961 (Act 4 of 1962)
Kerala Land Reforms Act, 1963 (Act 1 of 1964)s. 2(f), s. 81, s. 82
Kerala Private Forests (Vesting & Assignment) Act, 1971s. 2(f), s. 3, s. 8
Madras Preservation of Private Forests Act, 1949s. 1, s. 2
Madras Preservation of Private Forests (Second Amendment) Act, 1954s. 2(a)

Subjects

land reformprivate forestvestingplantationKeralaMadras Preservation of Private Forests Actreversion to natureplot‑by‑plot determinationroad rights

Judgment

BHAVANI TEA AND PRODUCE CO. LTD.
A v.
STATE OF KERALA AND ORS.
AND
VICE VERSA

FEBRUARY 20, 1991

[K.N. SAIKIA AND M. FATHIMA BEEVI, JJ.]

Land Reforms: Kerala Private Forests (Vesting & Assignment)
Act, 1971 (Act 26 of 1971): Sections 2(f), 3, 8-Private forests-
Company engaged mainly in plantations of tea, coffee, cardamom,
c rubber etc.-Certain areas/plots not under plantation-Plantation
abandoned-Whether this to be deemed 'reverted to nature'-Held no-
Madras Preservation of Private Forests Act-Kerala Reforms Act,
-
1963.

D Sections. 2(/), 3, 8-Private forests-Areas on the periphery of the
Com,pany·s estate admittedly virgin-The same held vested in the
' State-Whether the provisions of the Vesting Act have been applied
correctly to the facts. as found by Courts b"elow keeping in mind its
objects and purposes.

E Bhavani Tea and Produce Co., a Public Ltd. Company is engaged
maW.ly in plantations of Tea, Coffee, Cardamom, Rubber and some
other plantations in the western ghats comprising R.S. Nos. 2, 3, 3/1
and 5 /1 in Sholyar village Mannargbat Taluk of Palghat District,
Kerala known as Siruvani' Group of Estates of four divisions namely,
Siruvani, Varddymalai, Elamali and Halton with the total area in its -
F possession being 3,151.20 acres.

As the forest officials undertook survey over the Company's plan- ~
tations under the Kerala Private Forests (Vesting & Assignment) Act,
1911, which had come into force on 10~5.1971, to locate and determine
the forest area in the estate that would vest in the State, the Company
G tnoved an application under section 8 of the Act before the Tribunai
asserting· that no portion of the land in the estate as shown in the
schedule to the application was liable to vest in the state. An advocate
commissioner was appointed by the Tribunal to prepare a plan and to
report regarding the areas claimed by the state as vested forests. The '--(_-
Advocate Commissioner in his f"mal report found an area of 1397.60
H acres identified as plots nos. 1 to 69 claimed .by the State as vested forests.

550
BHAYANI TEA v. STATE 551

~ The Company thereupon amended its application showing these 69 A
plots as schedule 'B' to the application. Out of the total 3,151.20 acres
1, 753.60 acres are admitted not to have vested under the Act. Of the
remaining 1, 397.60 acres, 609.91 acres are admitted to be private
forest on the periphery of the Estate and hence vested under the Act.
This covers plots Nos. 11, 18, 25, 28, 30 and 63. Out of the remaining B
plots, the Tribunal allowed 33 plots totalling 206.06 acres and declared
total area of 1,184.68 acres as vested forests. Both parties preferred
~ appeals to the High Court which by its impugned judgment partly
allowed the appeal of the company as well as of the State. Both sides
have again preferred appeals by special leave to this court.

- The result of the High Court's judgmeµt is that the dispute before C
this Court is now confined only to an area of 641.73 acres covered by
plots nos: 12,13, 14,15,16,26,27,29,33,36,37,38,39,40,41,44,46,
50, 51, 55, 56, 58, 59, 61, 62, 64 and 65. On behalf of the company it has
been argued that these disputed plots must be held to have been princi-
pally used for cultivation of tea, coffee, rubbers and cardamom etc. and D
for purposes ancillory thereto; that if these plots are not exempted, the
plantation will be broken down in unity' economy and continguity and
that the plantation must be taken as a whole and not piece by piece or
plot by plot .

..l-- The argument on behalf of the State was to emphasise the objects
E
and purposes of the vesting Act namely, to distribute agricultural land
to landlords, agriculturistsjlabourers so as to reduce the scarcity of

- such land, and not to allow few individuals to remain in control. It was
also contended that vesting Act did not use the word 'plantation' and
therefore private forest has to be determined on the basis of land where
upon forest stands irrespective of its size. F
• f-..... 1
Keeping in view the detailed f'mdings of the Tribunal as well as
the High Court this Court comes to the conclusion that out of the plots
which are in dispute now as pointed out above, plot nos. 33, 39, 40, 44,
46, 50, 51, 55, 58, 59 and 61 also have to be treated as not to have vested
in the state under the vesting Act. As regards the existing roads falling G
within the vested areas these shall have such margins on either side of
the road as required under the PWD rules of the state and shall be
- P maintained and controlled by the company. But no construction of new
CS roads by the company in or through the vested areas shall be permissi-
ble. Thus in partly allowing the rival ·appeals by modifying the judg-
ment of the High Court to the extent indicated above, this Court, H
552 SUPREME COURT REPORTS [1991] 1 S.C.R.

A HELD: If the land was not private forest but plantation under t~
Madras preservation of Private Forest Act and was similarly not pri-
vate forest but plantation on 10.5.1971, it could not, without anything
more, become private forest thereafter even though it was not under the
same efficient or successful plantation as· it was earlier. Whether the
plantation yielded any crop or not was not for the owners to decide and
8 not by the authority under the Vesting Act, unless it did make specific
provisions to cover such a situation. We have not been shown any such
provision or any provision as to such land reverting to nature. Na~
according to Collins English Dictionary, means all natural phenomena
and plant and animal life as distinct from man and his creations; a Wild
primitive State untouched by man or Civilization. According to Shorter ~,
c Oxford English Dictionary, natural vegitation means self-sown or - r-:.
planted; land not cultivated; uncultivated or undomesticated plants or -
animals. There is no fmding as to prevalence of such a condition in these
plots. [570F-571A]

While, we are not inclined to agree that the entire estate of
D the Company was required to be taken as one whole, we fmd it
difficult to agree that wherever some forest was found under the
Company's estate the Vesting Act would apply. We fmd that M.P.P.F.
Act, the Kerala Forest Act, the Kerala Reforms Act considered the
plantations as Units by providing that they would include the land used
for ancillary purposes as well. Therefore while applying the Ve!>1in~
E Act to such plantations the same principle would be applicable. It is on
record that the estate of the Company is divided into four divisions. In
conformity with the idea of plantations, it would be reasonable to take
each division as a Unit, subject, of course, to natural and geographical
factors. [573A-CJ
F. Balmadies Plantations Ltd. & Anr. v. State of Tamil Nadu, [1972] .
2 SCC 133; The Kannan Devan Hills Produce v. The State of Ker~
and Anr., [1972] 2 SCC 218; State of Kera/a & Anr. v. The Gwalior
Rayon Silk Mfg. (Wvg.) Co. Ltd. etc., [1974] 1 SCR 671; V. Ven-
ugopala Verma Rajaa v. Controller of Estate Duty, Kerala, [1969] KLT
230; State of Kerala v. Anglo American Direct Tea Trading Co. Ltd.,
G [1980] KLT 215; Malankara Rubber & Produce Co. & Ors. etc. v.State
of Kerala & Ors., (1973] 1 SCR 399; State ofKerala & Anr. v. Nilgiri
Tea Estates Ltd., [1988] (Supp) SCC 79; State of Kerala & Anr. v. K ....,,...llllJT••EI
Moosa Haji & Ors., AIR 1984 Kerala 149 and Gwalior Rayons Silk..._•,__
Mfg. (Wvg.) Co. Ltd. v. The Custodian of Vested Forests, Palghat &
H Anr., AIR 1990 SC 1747, referred to.
BHAYANI TEA v. STATE [SAIKIA, J.] 553

CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 826
~ A
& 827-28of1991.

From the Judgment and Order dated 10.9.1986 of the Kerala
High Court in M.F.A. Nos. 48 & 291of1981.

K. Sudhakaran, Attorney General, T.S. Krishnamurthy Iyer, B
A.S. Nambiar, T.R.G. Wariyar, P.S. Poti, P.K. Manohar, Shanta
f- Vasudevan, K.R. Nambiar, P.K. Pillai and V. Jai Kumar for the
appearing parties.

..
~
The Judgment of the Court was delivered by

K.N. SAi.KIA, J. Special leave granted. c
·...,: Civil Appeal arising out of Special Leave Petition (Civil)
No. 7314 of 1987 and Civil Appeals arising out of Special Leave peti-
tions (Civil) Nos. 6837-38 of 1987 are from common Judgment of the
High Court of Kerala dated 10.9.1986 passed in MFA Nos. 48 and 291 D
of 1981. The appellant Bhavani Tea and Produce Co. Ltd., hereinafter
referrd to as 'the company', is a public limited company engaged
mainly in plantations of Tea, Coffee, Cardamom, Rubber and other
plantation crops over an extensive area in the Western Ghats close to
;.., the border of the States of Kerala and Tamil Nadu. On the basis of
their title deeds, the company claimed to have purchased an extent of E
3273.72 acres of land, but it and. only 3,151.20 acres in occupation.

- Bulk of the plantations were purchased by the company in 1946 from
M/s. B.B. Rubber Estates Ltd., hereinafter called 'the vendors', and
the remaining estates acquired in 1955 and 1956. The vendors were in
possession of 3151.20 acres of land situated in surveyed lands in R.S.
Nos. 2, 3, 3/1and5/1 in Sholayar village, mannarghat Taluk of patghat ,F
~-- district which belonged in 'Jenmom' to mannarghat mooppil Sthairnm
and the vendors established the plantations taking the same on Verum-
pattam lease in the year 1935. The plantations are now known as
Siruvani Group of Estates of four divisions namely, Siruvani, Yard-
dymalai, Elamali and Halton.
G
'·
.{
The Kerala Private Forests (Vesting & Assignment) Act, 1971
~ (Act 26 of 1971), hereinafter referred to as 'the Vesting Act', an Act
to provide for the vesting in the Govt. private forests ip. the State of
Kerala and for the assig_pment thereof to agriculturists and agricultural
labourers for cultivation, extending to the whole of Kerala State, re-
ceived the assent of the President on 23.8.1971, and as provided in its H

l
554 SUPREME COURT REPORTS [1991] 1 S.C.R.

Section 1(3) it was deemed to have come into force on the 10th day of~
A
May, 1971 which was also declared to be the appointed day. The
preamble to the Vesting Act indicates that the private forests in the
State of Kerala are agricultural lands and the-Government considered
that such agricultural lands should be so utilised as to increase the
agricultural production in the State and to promote the welfare of the
B agricultural population of the State. The statement of objects and
reasons also said that the private forests as defined in the Kerala Land ..
Reforms Act,• 1963 ( l of 1964) were exempt from the ceiling thereun- ___..4,_
der and that with high density of population there was scarcity of
land and it was against the Directive Principles of State policy to allow
a few persons to be in ownership and control of these agricultural ~
lands. In other words, the object of the Vesting Act was to distribute
c the private forest lands among the agriculturists and agricultural
labourers for agriculture.

The forest officials having commenced survey over the ~m
pany 's plantations' land from 28.6. 1977, it approached the Tribunal
D under Section 8 of the Vesting Act for a declaration that no portion of
the land in R.S. Nos. 2, 3, 3/1and5/1 in Sholayar Village, Nannarghat
Taluk, Palghat District shown in the schedule to the application was
liable to vest in the State under the Vesting Act.

The company maintained that at the time of the Vesting Act ,,..l.
E coming into force out of the company's lands about 10 acres were
covered by roads, 50 acres by bulidings, 490.14 acres by tea plants,
700.00 acres by coffee plants, 798.56 acres by cardamom and 250 acres
by rubber plantation. Besides an area of 60 acres was maintained as
windbelts and an area of l89.50 was reserved for the purpose of fire-
wood meant for the preparation of rubber for the market. The com-
-
F pany claimed that the entire area was thus principally cultivated with
tea, coffee, cardamom and rubber and for the purposes ancillary ~
thereto and that total 2,338. 70 acres were utilised for plantations by
the end of 1969. The entire area having stated to have been principally
cultivated, the company claimed that -no portion thereof was covered
by the exproprietory povisions of the Vesting Act. The respondent-
G State of Kerala stated- before the Tribunal that the plantation area -in
the- schedule property had already been exempted, and that only such .
areas as fell within the definition of private forests in the Vesting Act, . . -{-
mainly areas full of forest trees aged 20 to 100 years were being
surveyed and demarcated as' vested forests. The state also disputed the
area under plantations and the areas claimed to have been reserved for
H fuel and fire-wood- etc. It was also stated that in favour of the fourth
BHAYANI TEA v. STATE [SAIKIA, J.] 555

respondent which was a cooperative farming society 190.54 hectares of
the area taken over as vested forests was already assigned and the A
society got possession of that area from out of uncultivated forest
tracts for itself.

An Advocate Commissioner was appointed by the T~ibunal to
prepare a plan and report regarding the properties claimed as vested B
forests out of the schedule land and he submitted Exhibit C-1 plan, C-2
and C-3 interim reports and C-4 final report. On the basis of Exhibit
C-4 report the company amended its application. The earlier Schedule
was retained as 'A' Schedule.

--
~
An area of 1397.60 acres (566.11 hectares) identified as plot
Nos. l to 69 were located by the Commissioner as areas claime·d by the
respondents as vested forests and those 69 plots were included in the
'B' Schedule to the application after the amendment. The controversy
c
'-../'
thenceforth related only to some of the plots in 'B' Schedule.

The company examined PW~. 1 to 3 and produced documents Al D
to A24 in support of its claim, while the respondents examined RW-1
and marked Exhibit B-1 only.

On the basis of the evidence available before it and mainly depending
,A upon the observations of the Commissioner, the Tribunal held that
plot Nos. 2, 9, 12, 13, 15, 16, 24, 25, 29, 35, 48, 49 and 56 had been E
brought under cultivation prior to 14.12.1949, and therefore, did not

- fall within the purview of the Madras Preservation of Private Forests
Act (hereinafter referred to as M.P.P.F. Act), and were therefore held
to be outside the purview of the Vesting Act. plot Nos. 4, 5, 7, 10, 19,.
20, 21, 27, 32, 34, 42, 43, 45, 47, 52, 53, 54, 57, 60, 66 and 67 were held
to be used principally for the cultivation of tea, coffee, and cardamom F
,(=--.... and therefore were to be excluded from the purview of the Vesting Act
in view of the provisions contained in Section 2(f) thereof. The re-
maining plots 1, 3, 6, 8, 11, 14, 17, 18, 22, 23, 25, 28, 30, 31, 33, 36, 37,
38,39,40,41,44;46,50,51,51A,55,58,59,61,62,63,64,65,68,and
69 were found to be not excludable under Section 2(f) or to be exemp-
ted under Section 3 of the Vesting Act. The Tribunal thus aliowed the G
company to retain 206.06 acres out of B Schedule lands as excluded/
-'y" exempted from the provisions of the vesting Act and declared total
1, 184.68 acres as vested forests under the Vesting Act.

From the Tribunal's order both the company and the State ap-
pealed to the High Court which by the impugned common Judgment H
556 SUPREME COURT REPORTS [1991] 1 S.C.R.

A dated 10.9.86 partly allowed the company's MFA No. 48of1981 to the ·--r
extent of modifying the order of the Tribunal and declaring that plot
Nos. 1, 3, 6, 8, 17, 22, 23, 31, 51A, 68, and 69 were to be excluded
from vesting; and also partly allowed the State's MFA Nos. 291of1981
to the extent of declaring that plots Nos. 12, 13, 15, 16; 26, 27, &, 56
were to vest in the state. The result was that the company would be
B entitled to retain plot Nos. 1to10, 17, 19, to 24, 31, 32, 34, 35, 42, 43,
45, 47, 48, 49, 51A, 52 to 54, 57, 60 and 66 to 69 totalling 144.13 acres
in B Schedule properties and the remaining plot Nos. 11 to 16, 18, 25,
to 29, 30, 33, 36 to 41, 44, 46, 50, 51, 55, 56, 58, 59 and 61to65 would
vest in the State. The High Court also observed that out of the
excluded areas less than 70 acres alone were planted areas, meaning
c thereby_ lands which were principally used for the cultivation of tea,
coffee and cardamom under Section 2(f) (B) of the Act and that the
remaining area could be used for ancillary purposes. The reservation
for roads, water sources etc. which were in use at that time were also
allowed. The High Court also directed:
D "One existing road each to connect each of the different
blocks of plantations along the shortest route lying along
the vested areas will be allowed to be used and maintained
by the applicant at its cost, but in roads passing through the
vested forests will be under the control of the respondents.
The existing roads providing access from the Estate to the
E public road will also be maintained by the applicant at its
cost subject to the above reservation. The present case of
water sources, streams and channels located within the ves-
ted forests for supply of drinking water or as source for
irrigation and for supply for purposes of the factories etc.
-
will be preserved. The respondents will not interfere with
F any such user of these facilities."

Thus out of the total 3,151.20 acres 1,753.60 acres are admitted
not to have been vested under the Act. Out of the remaining 1,397 .60
acres 609. 91 acres are admitted to be private forest and hence vested
under the Act. This covers plot Nos. 11, 18, 25, 28, 30 and 63. Out of
G the remaining plots, namely, 1-10, 12-17, 19-24, 26, 27, 29-62 and
64-69, the Tribunal allowed 33 plots totalling 206.06 acres. The High
Court by the impugned order allowed 36 plots totalling 144.13 acres.
The result is that excluding the plots included in the peripheral area of
virgin forests of 609.91 acres, the dispute is now confined only to
following plots totalling 641. 73 acres.
H
BHAVANI. TEA v. STATE [SAIKIA, J.] 557

-1'' Plot 12 27.50 acres A
Plot 13 25.08 acres
Plot 14 3.67 acres
Plot 15 1.65 acres
Plot 16 3.82 acres B

>- Plat 26 10.70 acres
Plot 27 10.58 acres

.-~
Plot 29 8.10 acres
Plot 33 16.20 acres c
Plot36 14.87 acres

~ Plot 37 9.63 acres
Plot 38 5.26 acres
Plot 39 6.37acres D

Plot40 32.42 acres
Plot 41 26.32 acres

• Plot 44
Plot 46
Plot 50
84.06 acres
5.31 acres
30.96 acres
E

Plot 51 44.11 acres
Plot 55 13.12 acres
Plot 56 24.84 acres F

Plot 58 75.19 acres
Plot 59 73.03 acres
Plot 61 7.56 acres
Plot 62 23.45 acres G

Plot 64 9.21 acres
Plot 65 48.72 acres

Total: 641. 73 acres
H
558 SUPREME COURT REPORTS [1991] 1 S.C.R.

Both the company and the State of Kerala have filed Special Y
A Leave Petitions from the common order of the High Court and are
given special leave.

Both the company and the State having claimed these plots
under the provisions of the Vesting Act and the Custodian and the
B Tribunal on the basis of the Commissioner's report and evidence
adduced before it as also the High Court having already found the facts
, as regards these plots we are of the view that the scope of this Court in
this Appeal under Article 136 of the Constitution of India is rather
limited. Both Mr. Krishnamurthy Ayer for the company and Mr. P.S.
Poti for the State have argued this case with dexterity presentin~ the ~'
meticulous details and explaining the relevant statutory provisions.
c Mr. Krishnamurthy emphasised that these disputed plots must be held -
to have been principally used for cultivation of tea, coffee, rubber,
cardamom and cinnamon which are the crops envisaged under the
Vesting Act and for purposes ancillary thereto. Counsel submits that if
these plots were not exempted from vesting the company's plantations
D will be broken down in unity,· contiguity and economy, and that for
deciding the area principally cultivated, the plantations owned by the
company m~st be taken as a whole and not piece by piece or plot by
plot as has been done in this case. Mr. Poti emphasises the objects and
purposes of the Vesting Act, namely, to distribute agricultural land to
the landless agriculturists and agricultural labourers so as to reduce the
E scarcity of agricultural land, and not to allow few individuals to remain

-
in control thereof. Counsel submits that the Vesting Act even did not
use the word 'plantation' and therefore private forest has to be
determined on the basis of land whereupon the private forest stands
irrespective of its size and there could arise no q_uestion of the planta-
tions of the company being treated as a whole, and that., at any rate it
F was the Custodian and the Commissioner who demarcated the plots
and the company has also been arguing on plot by plot basis. In deciding
these appeals, therefore, this Court has to take the facls as found by the
courts and authorities below and examine whether the provisions of
the Vesting Act have been applied correctly to those facts keeping in
mind its objects and purposes; and so we proceed.
G
Some acquaintance with the relevant laws of the place may be
instructive at this stage. The company's plantations are within erst-
while Malabar district. Baden Powell in Land Systems of British India,
Vol. 1 page 95 described Malabar as "curious district on the west coast
of _India" and as "source of puzzled remarks from reporters on land
H affairs". Some of the unique facts about the district accorcling to the
BHAYANI TEA v. STATE [SAIKIA, J.] 559

~· author were that there _"private property'. in land had existed, while it
could not be found anywhere else and it presented a unique history of A
land holding customs and the development. When the Mysore Sultan
conquered the country the local military chiefs retained their rule over
some territorfal estates and the families of the chiefs clung to the land
or part of it as landlords, calling themselves 'Janmis' and claiming to
be, in fact absolute landlord. The lower landholders acknowledged the B
'Janmis' as their superior. The reports compiled showed that "almost
.J.--, the whole of land in Malabar, cultivated and uncultivated, was private
property and held by "Jemnum" (Janmam), right which conveys full
absolute property in the soil ....... " Thus the janmis became the

--
~)(,.- proprietors. We find mention of this 'Jenmom' right in the sale deeds
of the company.

The meaning of the words '.Tanmam' and Janmi' and their rights
envisaged in Gudalur Janmam Estates (Abolition and Conversion into
c

~-
Ryotwari) Act, 1969 (24 of 1969) were considered in Balmadies Planta-
tions Ltd. & Anr. v. State of Tamil Nadu, [1972] 2 SCC 133. The
exclusive right to, and herditary possession of the soil in Malabar is D
denoted by word Janmam which means birth right and the holder
therof is known as Janmi, Janmakaran or Mutalalan. In other words
"Janmam" is- a hereditary proprietorship in the freehold property in
Kerala. Janmam interest has been described as proprietary interest of
>-- the landlords in lands and such a right is described as 'estate' in the
Constitution. This was followed in The Kannan Devan Hills Produce v. E

-
The State of Kera/a and Anr., [1972] 2 SCC 218.

The Statement of Objects and Reasons of the Vesting Act and
the definition of private forests under the Act were examined in State
of Kera/a & Anr. v. The Gwalior Rayon Silk Mfg. (Wvg.j Co. Ltd. etc.
1974 (1) SCR 671. It was observed by Palekar, J. that the Vesting Act F
~-- purported to acquire forests land without payment of compensation
for implementing a scheme of agrarian reform by assigning lands on
registry or by way of lease to the poorer section of the agricultural
pouplation. This was done after reserving certain portions of the
forests as might be necessary for purposes ''directed towards the pro-
motion of agriculture for the welfare of the agricultural population or G
for purposes ancillary thereto." It was observed that extensive areas of
-r· private forests were available in the Malabar district which could be
acquir.ed and distributed and that the private forest lands of Malabar
district were contiguous and formed one long belt of a mountainous
terrain now forming part of the State of Kerala. It was also observed
that plantations of tea, coffee, rubber, cardamom, cinnmon and the H
560 SUPREME COURT REPORTS (1991) 1 S.C.R.

like were grown on extensive scale in these forests and industries had
A taken leases of vast areas of these forests for those .pruposes. This
Court observed:

"In recent years industrialists have taken liases of vast
areas of these forests from their owners and a fraction of
B the same. has been brought under cultivation by planting
eucalyptus and other types of trees useful for paper and
other industries. Large areas in these forests seem to be
even now in their pristine form but are capable of being
utilized by absorbing a large proportion of the population

c
by setting them on the land. These forests, therefore, have
attained a peculiar character owing to their geography and
climate and the evidence available to us shows that vast
areas of these forests are still capable of supporting a large
-
agricultural population."

This Court quoted from paragraph 6 of the Judgment in V. Venu-
D gopala Varma Rajaa v. Controller of Estate Duty, Kera/a, [1969) KLT
230: "It is well-known that the extensive areas of different varieties of
plantations that we have got in this State were once forest lands; and it
is also equally well-known that year after year large areas of forest
lands in this State are being cleared and converted into valuable plan-
tations. In the absence of exceptional circumstances such as the land
E being entirely rocky or barren for other reasons all forest lands in this
State are agricultural lands in the sense that they can be prudently and
profitably exploited for agricultural purposes." The scheme of the
Vesting Act was also examined while upholding its validity.

The Madras Preservation of Private Forests Act 1949 (Madras
-
F Act XXVII of 1949) which received the assent of the Governor
General on the 10th December, 1949, hereinafter referred to as 'the
M.P.P.F. Act', was an Act to prevent the indiscriminate destruction of
private forests and interference with customary and prescriptive rights
therein. Under sub-section (2) of Section 1 thereof, that Act applied
(i) to private forests, in the districts of Malabar and South Kanara
G having a contiguous area exceeding 100 acres. By an Explanation
added thereto by Section 2(a) of the Madras Preservation of Private
Forests (Second Amendment) Act, 1954, (Madras Act XVIII of 1954),
it was explained that nothing in this clause shall be deemed to apply to
any land which was brought under fugitive or other cultivation prior to
the 14th December, 1949 by an owner or any person claiming under
H him. Thus the company's plantations, if cultivated before that date
BHAYANI TEA v. STATE [SAIKIA, J.] 561

would be excluded The word 'forest' is defined in Section 2 clause (a)
of the M.P.P.F. Act: "forest includes waste or communal land con- A
taining trees and shrubs, pasture land and any other class of land
declared by the State Government to be a forest by notification in the
Fort St. George Gazette." "Communal' land meant any land of the
description mentioned in sub-clause (a) or sub-clause (b) of clause (16)
of section 3 of the Madras Estates Land Act, 1908. There is nothing in B
evidence in the case to show that the company's plant[tions area was a
forest under the M.P.P.F. Act.

The Kerala Forest Act, 1961(Act4 of 1962) was an Act to unify
and amend the law relating to the protection and management of
-- forests in the State of Kerala and it extended to the whole of the State
of Kerala. This Act repealed the Travancore-Cochin Forest Act, 1951
(Act III of 1952) and the madras Forest Act, 1882 (XXI of 1882) and
c
-.(· the Madras Wild Elephants Preservation Act, 1872 (Act I of 1873) as
in force in the Malabar district referred to in sub-section (2) of section
5 of the State Reorganisation Act, 1956. The M.P.P.F. Act in so far as
it applied to Malabar district was not repealed. The Kerala forest Act D
did not itself define 'private forest'.

The Kerala Land Reforms Act, 1963 (Act I of 1964) was a com-
prehensive legislation relating to land reforms in the State of Kerala
and it extended to the whole of the State. Sub-section (7) of section 2
defined the word 'cultivate'. Clause (l5) of section 2 defined 'garden' E

- to mean land used principally for growing cocoanut trees, arecanut
trees or pepper vines, or any two or more of the same. As defined in
clause (38) 'nilam' means land adapted for the cultivation of paddy.
Under clause (34) 'malabar' means the Malabar District referred to in
sub-section (2) of section 5 of the States Reorganisation Act, 1956.
Under clause (44) plantation means any land used by a person princi- F
pally for the cultivation of tea, coffee, cocoa, rubber, cardamom or
cinnamon(hereinafter in this clause referred to as: 'plantation crops')
and includes (a) land used by the said person for any purpose ancillary
to the cultivation of plantation or for the preparation of the same for
the market. ........ (c) agricultural lands interspersed within the
boundaries of the area cultivated by the said person with plantation G
crops not exceeding such extent as may be determined by the Land
Board (or the Taluk Land Board) as necessary for the protection and
efficient management of such cultivation. Under the Explanation,
lauds used for the construction of the office buildings, godowns,
factories, quarters for workmen, hospitals, schools and play grounds
shall be deemed to be lands used for the purposes of sub-clause (a). H
562 SUPREME COURT REPORTS [1991] 1 S.C.R.

A Thus· under this Act 'plantation' has been defined to include· areas
principally cultivated with plantation crops and the land used for ancil-
lary purposes.

As defined in clause (47) of the Land Reforms Act,. 'private
Forest'· means a forest which is not owned by the Government, but
B does not include - (i) areas which are waste and are not enclaves within
the wooded areas; (ii) areas which are gardens or nilams; (iii) areas '
which are planted with tea, coffee, cocoa, rubber, cardamom or cinna- .~
mon; and (iv) other areas which are cultivated with pepper, arecanut,
cocoanut, cashew or other fruit-bearing trees or are cultivated with
any otner agricultural crop. Chapter III of the Act dealt with restric-
tion on ownership and possession of land in excess of ceiling area and
c disposal of excess lands. Section 81 dealt with exemptions and said that
'the provisions of this Chapter shall not apply to, amongst others, (d)
-
private forests; (e) plantations. Section 82 prescribed the ceiling area
and sub-section (6) thereof provided that in computing the ceiling
area, lands exempted under section 81 shall be excluded. Thus the
D private forests and plantations were excluded from ceiling area under
the Land Reforms Act.

The provisions of the Vesting Act which was enacted in 1971
have, therefore, to be interpreted keeping in mind the relevant provi-
sions of the above Acts in so far as plantations and private forests are
E concerned.

'Private forest' as defined in Section 2 (f) of the ·Vesting Act
means:

"[l] in relation to the Malabar district referred to in sub.
F section (2) of section 5 of the States Reor.:ganisation Act, . 1
1956 (Central Act 37 of 1956) ,.....-;;--

(i) any land to whcih the. Madras Preservation of
Private Forests Act, 1949 (Madras Act XXVII of 19.19,
applied immediately before the appointed day excluding-
G
(A) lands which are gardens or nilams as defined in
the Kerala Land Reforms Act, 1963 (1of1964): y
(B) lands which are used principally for the cultivator
of tea, coffee, cocooa, rubber, cardamom or cinnamon and •
H lands .used for any purpose ancillary to the cultivation of
BHAYANI TEA v. STATE [SAIKIA, J.) 563

such Crops or for the preparation of the same for the A
market.

Explanation: Lands used for the construction of office
building, godowns, factories, quarters for workmen, hospi-
tals, schools and playgrounds shall be deemed to be lands
B
used for purposes ancillary to the cultivation of such crops; ·

(C) lands which are principally cultivated with cashew
or other fruit bearing trees or are principally cultivated
with any other agricultural crop and

- (D) sites of buildings and lands appurtenant to. and
necessary for the convenient enjoyment or use of, such
buildings;
C

(ii) any forest not owned by the Government, to
which the Madras Preservation of Private Forests Act, 1949
did not apply, including waste lands which are enclaves D
within wooded areas.

(2) in relation to the remaining areas in the State of
Kerala, any forest not owned by the Government, includ-
ing waste lands which are enclaves within wooded areas.
E
Explanation: For the purposes of this clause, a land shall be
deemed to be a waste land notwithstanding the existence
thereon of scattered trees or shrubs;"

Section 3 of the Vesting Act whereunder private forests were to
vest in the Government said: F

"3. Private forests to vest in Government. -(1) Notwith-
standing any thing contained in any other law for the time
being in force, or in any contract or other document, but
subject to the provisions of sub-sections (2) and (3), with G
effect on and from the appointed day, the ownership and
possession of all private forests in the State of Kerala shall
by virtue of this Act, stand transferred to and vested in the
Government free from all encumbrances, and the right,
title and' interest of the owner or any other person in any
private forest shall stand extinguished.
H
..
564 SUPREME COURT REPORTS [ 1991] 1 S.~.R.

(2) Nothing contained in sub-sectiOn (1) shall apply in ~
A respect of so much extent of land comprised in private
forests held by an owner under his personal cultivation as is
within the ceiling limit applicable to him under the Kerala
Land Reforms Act, 1963 [1 of 1964] or any building or
structure standing thereon or appurtenant thereto.
B
Explanation. For the purposes of this sub-section, 'cultiva- '
tion' includes cultivation of trees or plants of any species. A-
.(3) Nothing contained in sub-section 1 shall apply in

c
respect of so much extent of private forests h~ld by an owner
under a valid registered document of title executed before
the appointed day and intended for cultivation by him,
which together with other lands held by him to which Chap-
-
ter III of the Kerala Land Reforms Act, 1963, is applicable,
does not exceed the exten~ of the ceiling area applicable to
him under section 82 of the said Act.
D
(4) Notwithstanding anything contained.in the Kerala Land
Reforms Act, 1963, private forests shall, for the purposes
of sub-section (2) or sub-section (3), be deemed to be lands
to which chapter Illof the said Act is applicable and for the
purposes of calculating the ceiling limit applicable to an
E owner, private forests shall be deemed to be 'other dry
lands' specified in Schedule II to the said Act."

Section 4 of the Vesting Act" provided that private forests after
....
being vesting in the Stat~ were to be deemed to be reserved forests,
and Section 5 provided for eviction of persons in unauthorised occupa-
F tion of any such private forest. Section 6 provided for demarcation of
boundaries of the private forests vested in the Government by the
Custodian. ·

W_e ~ay now take the areas in dispute as stated above with their
location and plantation. In the sketch map Annexure D, the green
G coloured area is the planted area and it was not claimed by the State.
The blue coloured plots were also excluded from vesting and were
allowed to: the company by the High Court; and the remaining plots
are disputefl ones and are coloured pink and violet. Mr. Poti points out
that the original sketch map was not shaded and that the water tank
and the darn were not shown therein. There is, however, no dispute as
to the colouring indications which are helpful for identification.
BHAYANI TEA v. STATE [SAIKIA, J.] 565

~· The areas on the periphery, according to the Commissioner, are
forest areas namely plot Nos.11 (76.70 acres), 18 (28.36 acres), 25. A
(11.88 acres), 28 (90.79 acres), 30 (77.93 acres) and 63 (324.25 acres).
The total of this peripheral areas come to 609.91 acres. Admittedly,
these areas are virgin forests which as per the Vesting Act vested in the
State. We have no hesitation in confirming this finding.
B
According to Mr. Poti, to the entire North of the company's
~ estates, there are vested forests, namely, LGB Estates, Kakkanam-
para Estates and Malikkal Estates which are vested forest areas. In the
Eastern isolated estates, namely, upper Varadimullai Estates there is

.... ;~ coffee plantation on plot Nos_. 66, 67, 68, and 69 which have been
rightly given to the company .
c
Regarding plots 12, 13, 15, 16, 26, 27, 29, and 56, Mr. Krish-
-'"'"'{ namurthy submits that the Tribunal on the basis of the Commissioner's
report, Ext. C-4, found these plots to have been cultivated prior to
1949. There were reminiscences of the old plantations in these plots, of
course they became decayed. The Tribunal held that since these plots D
were brought under cultivation prior to 1949 and the provisions of the
M.P.P.F. Act excluded these areas from definition of private forests,
they could not be held to be forests as on 10.5.1971 under the Vesting
Act. The High Court, it is submitted, has not been shown to have
>- reversed the findings of the Tribunal. Mr. Poti submits that these plots
are contiguous to forest areas and have rightly been given by the High E
Court to the State, though the Tribunal gave those to the company.
- From the map it appears that on the other sides they are also contigu-
ous to planted areas, excepting plot No. 56 which though connected
with vested forsts by a narrow strip, is almost surrounded by areas
excluded from vesting by the High Co.urt. The company claimed these
~ \ areas as principally cultivated areas and not included in the peripheral F
)~~
area. The High Court has held that plots 12, 13, 15, and 16 are not
principally planted as cultivation has been abandoned and the area
"reverted to nature". The conclusion that the area reverted to nature
is presumably based on the observation of the Commissioner that the
plantations were abandoned about 40 years ago as evidenced by the
presence of scattered old plants, of shade trees and fruit bearing trees G
here and there such as silver oak trees, orange trees, guava trees,
r' dadap trees and albezia which could not be of natural growth. The
Commissioner also observed that the condition of the estate was really
miserable due to lack of proper maintenance and the plants were
decayed or destroyed. The explantation that due to continuous labour
trouble in the previous 4 or 5 years, the estate could not be maintained H
566 SUPREME COURT REPORTS [1991) 1 S.C.R.

A properly was not accepted. For this reason the Commissioner expres-
sed that the forest department had treated these areas as abandoned
plantations and so vested forest and not as areas principally cultivated
for the purpose of the Act and as according to the High Court "the
area had reverted to nature decades ago and such reversion was natur-
ally as forest." The High Court did not record any finding that these
B
areas were forests either in 1949 or on 10.5.1971. Its legal implication
was not considered by the High Court. The Commissioner on the other I
hand found about plot Nos. 12 and 13 that these were old plantaition .A-
areas and the plants were aged 40 to 50 years and that almost all the
plants were senile due to old age and that there were 100 to 200 coffee
plants per acre and there were old silver oak trees and dadap trees
C which were planted as shade trees. The Commissioner also found that
from pl~t No. 13 old coffee plants were cut and removed by the
cooperative society people who cleared the under-growth of the area
-
whereafter new saplings were sprouted out of the old coffee plants cut
by the society people and there were good growth of young plants which
would start to yield. Similarly plot No. 15 was found to be an old coffee
0
planted area with scattered coffee plants aged 30 to 40 years and simi-
lar shade trees. Plot No. 16 was also found to be coffee plantation.
Similarly Plots 26 and 27 were found to be old coffee plantations. P~ot
No. 27 was found to be a pucca cardamom area with plants aged 15
. years, .and was allowed by the Tribunal as a cultivated area. The High
E Court, however, held that it reverted to nature. Similarly, plot No. 29
was excluded by the Tribunal as an area not covered by the M.P.P.F.
Act since they were cultivated prior to 1949 which finding the High
Court has not directly reversed. Plot No. 56 was considered by the
High Court with Plot No. 49, the extent of the plots being 24.84 acres
and 0.89 acres, respectively, The Commissioner found 50 old rubber
trees in Plot 49 and 600 older rubber trees in Plot 56 and both areas to
F
have been neglected and abandoned and no! used as a rubber _planta-
tion for a long tfrne and definitely not on 10.5.1971. The High Court
concluded that 500 rubber trees in an area of 25 acres would not make
it "principally cultivated with rubber" since the average number of
trees per acre, according to the publication of the Rubber Board, is
from 140 t<] 160 per acre (vide Manual of Rubber Planting in India).
G
The High Court exempted Plot No.49, but held Plot No. 56 liable to
vest in the State. Some of these plots having been planted and still
containing old plants and shade trees the High Court applied the
theory that the areas reverted to nature, This leads to the question as
to the meaning of forest and when, if at all, a particular plantation may
H be said-to have reverted to nature.
BHAYANI TEA v. STATE [SAIKIA, J.] 567

In Words and Phrases Legally Defined, Vol. 2, p. 269, 'forest'
means: A

"A certain territorie of woody grounds and fruitful
pastures, privileged for wilde beasts and foules of forest,
chase and warren, to rest and abide in, in the safe protec-
tion of the King, for his princely delight and pleasure, B
_j._ which territorie of ground, so privileged, is meered and
' \
bounded with unremovable marks, meeres, and bounda-
ries, either known by matter of record, or else by prescrip-
tion, and also replenished with wilde beasts of vererie or
chase, and with great coverts of vert (i.e. green-leaved
trees, bushes, etc.) for the succour of the said wilde beasts,
to have their abode in: for the preservation and continuance C
of which said place, together with the vert and venison,
there are certain particular laws, privileges, and officers
belonging to the same, meete for that purpose, that are
only proper unto a forest, any not to any other place."
D

The earliest of the Forest Laws in England is said to be the
Charter of the forest which was issued in 1217 by Henry, as mentioned
in Pollock and maitland's History of English Law ,_Yol. l, p. 179. The
forestal rights of the crown consisted essentially of the King's rights to
use the land (forest) whether belonging to himself or another for E
hunting game and for preserving the game and for preserving the land
in such a way as to give maximum shelter and free room for the game.
The Forest Laws were applied to royal forests and were designed to
protect these rights. The medieval forest law in England has now
been abrogated except in so far as it relates to the appointments and
functions of verderers. According to Mozley and Whiteley's Law F
Dictionary 'forest' as a legal right is defined as a right of keeping, for
the purpose of hunting, the wild beasts and fowls of forest, chase,
park, and warren, in a territory or precinct of woody ground or pasture
set apart for the purpose. According to Black Law Dictionary, 'forest'
means: a tract of land coverd with trees and one usually of consider-
able extent. It is said that in old English law. a certain territory of G
wooded ground and frutiful pastures, privileged for wild beasts and
fowls of forest, chase, and warren, to rest and abide in the safe protec-
tion of the prince for his princely delight and pleasure, having a pecul-
iar court and officers. Thus, treatment of a certain extent of Jand as
forest was implied. The fact that an extent of land has not been so
treated or declared would, therefore, be relevant in determining H
568 SUPREME COURT REPORTS [ 1991] 1 S.C.R.

whether that land constituted a forest. This rule is· found to have been
A applied by the Kerala High Court. In State of Kera/a v. Anglo Ameri-
can Direct Tea Trading Co. Ltd., [1980] K.L.T. 215 where the respon-
dents were owners of tea estates, the areas planted with tea had been
excluded from the operation of the vesting provision of the Vesting
Act. There were portions of tea estates where there were eucalyptus
B plantations. It was claimed by the respondents that those were areas
which were required for ancillary purposes of the tea plantations,
ancillary in the sense that the Eucalyptus trees grown in the Eucaly-
ptus plantations served as fuel for processing the tea for the market.
There was also a plea that the lands having been converted into
Eucalyptus plantations long before the appointed day under the Vest-
ing Act such areas could not be said to be forests as on 10.5.1971 and,
c therfore, there was no scope for vesting of such areas in the State. The
r~
\.
latter plea having been accepted by the Tribunal and consequently the I.._.
areas where there were Eucalyptus plantations held not to have ves-
ted in the State, the Custodian challenged the findings in appeal befo_re
){
the High Court and the cases having related to lands outside th~
Malabar District to which Section 2(f) (2) of the Vesting Act was
j
D
applicable, the State contended that Eucalyptus plantation was a f
forest. The question therefore arose whether the land which had been
converted into Eucalyptus plantations could be said to be forest within
the meaning of the terms in Section 2(f) (2) of the Vesting Act.
Subramonian Poti, J. speaking for the Division Ben,gh consulted the
E dictionary meanings of forest as: "a large uncultivated tract of land
covered with trees and underwood"; "a large tract of land covered with
trees: a tract of woodland and open uncultivated ground"; "a large
tract of land covered with trees and underbush; extensive wooded
~rea._" It was observed that the word 'forest' was derived from latin
foris meaning outside, the reference being to village boundary or
F fence, and must have included all uncultivated and uninhabited land.
The World of the Knowledge Encyclopaedia Vol.10 defines 'forest' at
page 2201 as "a circuit of wooded" ground and pastures, known in its
bounds and piviledged for the abiding of wilde beasts and fouls of
forest, chase and carron to be under -the King's protection for his
princely delight." It was also found that the Abridged Glossary of
G Technical Terms published by Forest Research Institute and Colleges,
Dehra Dun, page 52, the term forest was understood as an area set
side for the production of timber and other forest produce, or
maintained under woody vegetation for certain indirect benefits which
it provided. For example, climatic or protective. It was further ob-
served that in the context in which the term 'private forest' had been
H used in the Act it was evident that it applied to lands other than those
BHAYANI TEA v. STATE [SAIKIA, J.] 569

on which human skill, labour and resources had been spent for ag-
A
ricultural operations.

In Malankara Rubber & Produce Co. & Ors. etc. etc. v. State of
Kera/a & Ors., [1973] 1 SCR 399: (1972) 2 SCC 492, it was held that
lands under eucalyptus or teak which were the result of agricultural
operations normally would be agriculturl\l lands and not forests, but B
lands which were covered by eucalyptus or teak growing spontane-
ously as in a jungle or a forest, would be outside the purview of
acquisition under Kerala Land Reforms Act. In State of Kera/a &
Anr. v. Nilgiri Tea Estates Ltd. [1988] (supp) SCC 79, the view taken
by the High Court that eucalyptus trees planted in a tea estate for
supply of fuel for the manufacture of tea, were not covered by the
vesting provisions of the Vesting Act was upheld. There the eucalyptus c
trees were raised not for a forest but for supply of fuel necessary for
the manufacture of tea which was the industry carried on by the re-
spondent company.

In State of Kera/a & Anr. v. K. C. Moosa Haji & Ors. AIR 1984 D
Kerala 149, A Full Bench of the Kerala High Court approved the
observation of Poti, J. in State of Kerala v. Anglo American Direct Tea
Trading Co. Ltd. [supra] that forest was not a term defined in the Act
and that with reference to lands in the malabar area to which the
M.P.P.F. Act applied on the appointed day the test for determination
whether the land was private forest was different and that if the land E
was shown to be private forest on the date the M.P.P.F. Act came into
force it would continue to be a private forest even if it had actually
ceased to be a forest unless one or other of the exclusions in clauses A
to D in the definition applied. It was contended therein that the Vest-
ing Act applied only to those lands which were forests under the
M.P.P.F. Act immediately before 10.5.1971, inasmuch as the lands in F
question had ceased to be forest having been clear-felled and as such
had gone out of the purview of the M.P.P.F. Act and consequently
they were not private forests for the purpose of the Vesting Act also.
Rejecting the contention the Full Bench held that if the M.P.P.F. Act
was applicable to the land in 1949 and if it continued to apply to it up to
10.5.1971, that land would be a private forest for the purposes of the G
Vesting Act. The question was not whether there was a forest in exis-
tence in 1971; but was whether there was any land in 1971 to which .
the M.P.P.F. Act was applicable in 1949 and continued to be under its
coverage till 1971. As the lands involved in that case were all private '
forests as definded in the Act, clear-felling and replanting were carried
out with the permission of the District Collector. It was held that H
570 SUPREME COURT REPORTS [1991] 1 S.C.R.

denudation could not be held to have put the land out of the purview
A of the Act and that once the Act was applicable to the area in 1949
nothing done by the owners of the area or others was capable of
putting an end to sucq applicability to.that area. We respectfully agree
with this view.

B The definition of private forest given in Section 2(f) of the Vest-
ing Act and in Section_ 2(47) of the kerala Land Reforms Act were
considered by K. jagannatha Shetty, J. in Gwalior Rayons Silk Mfg.
(Wvg.) Co. Ltd. v. The Custodian of Vested Forests, Palghat & Anr.
AIR 1990 SC 1747: JT 1990 (2) SC 130. The lands involved in that case
were all forests as defined in the M.P.P.F. Act, 1949 and continued to
be so when the Vesting Act came into force in 1971. It was observed
c that the definition of private forests as was applicable to the Malabar
district was not general in terms but limited to the areas and lands to
which the M.P.P.F. Act applied and exempted therefrom lands
described under sub-clause (A) to (D). This significant reference to
M.P.P.F. Act in the definition of private forests in the Vesting Act
D made all the difference in the case. The M.P.P.F. Act was a special
enactment by the erstwhile Madras State to preserve the private
forests in the district of Malabar and erstwhile South Kanara district.
The scheme appeared to be that if the land was shown to be private
forest on the date on which the M.P.P.F. Act came into force, it would
continue· to be a forest even if· there was subsequent replantation.
Accordingly it was held th_at the lands wbich were forests as defined
M.P.P.F. Act and continued to be so when the the Vesting Act came
_into force would continue as forests as under that Act.

The reverse question is involved in this case, namely, if.the land
was not private forest but plantation under the M.P.P.F. Act and was
F similarly not private forest but plantation on 10.5.1971, it could not,
without anything more, become private forest thereafter even though
it was not under the same efficient or successful plantation as it was
earlier. Whether the plantation yielded any crop or not was for the
owners to decide and not by_ the authorities under the Vesting Act,
unless it did make specific provisions to cover such a' situation.
G We have not been shown any such provision or any provision as to
such land reverting to nature. Nature, according to Collings English
Dictionary means all natura~phenomena and plant and animal life as
distinct ffom man and his creations; a wild primitive state untouched
by man or civilization. According to Shorter Oxford English Pic-
tionary natural vegetation means self-sown or planted; land not
cultivated. Uncultivated orundomesticatea plants or an1mals. There-is
BHAYANI TEAv. STATE [SAIKIA, J.) 571

~no finding as to prevalence of such ~condition in these plots.
A
Mr. Krishnamurthy submits that the Ordinance which preceded
the Vesting Act promulgated on 10.5.1971 included the private forests
as defined in the M.P.P.F. Act. We have seen that the Vesting Act
gave two definitions of private forest; the first was in relation to the
Malabar district referred to in sub-section (2) of section 5 of the States B
_).__ Reorganisation Act, 1956 (Central Act 37 of 1956). In that district
' 'private forest meant any land to which the M.P.P.F. Act applied
immediately before the appointed day excluding the lands which were
gardens or nilams as defined in Kerala Land Reforms Act, 1963 (Act 1
:.. of 1964) and lands which were used principally for the cultivation of
tea, coffee, cocoa, rubber, cardamom or cinnamon and lands used for
any purpose ancillary to the cultivation of such crops or for the pre- c
paration of the same for the market. It is accordingly argued that the
->-..{ company's plantations did not constitute private forest either under
the M.P,P.F. Act or under the Kerala Land Reforms Act and as such
the entire area of the company's plantations could not have come
within the purview of the Vesting Act. We find force in the submission D
to this extent, but in view of the objects and purposes of the Vesting
Act, it can not be said that there could never be a case of such planta-
tion land being converted to a forest by natural growth or otherwise. It
must necessarily depend on facts.

Mr. Krishnamurthy then submits that even assuming, the Vest- E
ing Act applied, the entire plantation area ought to be taken as a unit
for the purpose of ascertaining whether there was private forest and not
piece-by-piece or plot-by-plot as has been done in this case. It the
entire area is taken as a whole, if major portion of the area was found
to ·be cultivated, the whole area ought to be taken as principally
cultivated area, small enclaves or patches meant to give rest by rota- F
tion should also have been treated as cultivated area. The entire
method adopted by the respondents, counsel submits, was wrong and
has immensely prejudiced the company's case.

As regards the concept of reversion to forest, Mr. Poti submits
that this applied to a land where Section 2(i) of the M.P.P.F. Act did G
not apply. According to him, it applied to two categories, namely,
areas of less than 100 acres and areas of abandoned cultivation, in both
cases when it was found to be forest on the appointed .day i.e.
10.S.1971. There is no difficulty about the extent of less than 100 acres,
but the difficulty is with abandonment. Mr. Poti submits that the
Custodian judged by visual appearance but the Tribunal did not notice
572 SUPREME COURT REPORTS [1991] 1 S.C.R.

clause (2) at all. We are of the view that mere abandonment would not ~y
A
convert an area into a forest, unless the owner has decided to do so or
the appropriate authority has notified it to be so. Mere visual test
would not be enough. The decision of the owner could, of course, be
expressed or implied.

B Mr. Poti submits that the definition of forest as given in Section
2(a) is only an inclusive one. Forest includes waste or communal land l
containing trees and shrubs, pastm:al land and any other class of land ~
declared by the State Government to be a forest by Notification issued
in the St. George Gazette. Thus, according to counsel, forest has not
been defined in the Act exhaustively nor has it been defined in the
Kerala Forests Act. Mr. Poti while admitting that the Kerala land
c Reforms Act exempted all plantations, submits that the Vesting Act
made drastic curtailments and that when historically interpreted
principally planted did not mean with refe!ence to the area but with 'r
reference to the crop only inasmuch as the word plantation has not
been used at all in the Vesting Act and, therefore, the plantations can
D not be treated as a unit but only as land and the Vesting Act is prospec-
tive and not retrospective. Counsel relied on Gwalior Rayons Silk
Mfg. (Wvg.) Co. Ltd. v. The Custodian of Vested Forests, Palghat &
Anr. (supra) and State of Kerala v. K.C. Moosa Haji (supra). Accord-
ing to Mr. Poti if the definition permitted, the area could be taken
plot-by-plot inasmuch as there could be a forest of even 1 acre only. ~
E The size of the forest was not material, and the estate as a unit of
management is also not material, the concept of plantation itself being
absent. It is submitted that the expression used principally for cultiva-
tion in sub-clause (B) and "principally cultivated with" in sub-clause
( C) mean the same thing. It is further submitted that if the land which
was not cultivated in 1949 might have already come tmder the
F M.P.P.F. Act. Division into plots was done by the Commissioner as he
found these plots to have been diffrent and the demarcation was of ~
compact areas with few isolated areas, and such a demarcation was
contemplated under the Act. It was pointed out that the company also
contested the case on plot-by-plot basis. The Tribunal as well as the
High Court also proceeded on that basis. It is pointed out the company
G objected to the principle of division before the High Court but did not
question the correctness of the. actual division made and hence the High
Court could decide only on plot-by"plot basis. We have no difficulty in y
holding that the forest area is generally described or notified with
reference to land in forest laws. But that does not mean that what
stood on the land has to be ignored, particularly in case of plantations
which were exempted under the M.P .P .F. Act.
BHAYANI TEA v. STATE [SAIKIA, J.] 573

While we are not inclined to agree that the entire estate of the
company was required to be taken as one whole, we find it difficult to A
agree that wherever some forest was found inside the company's estate
the Vesting Act would apply. We find that the M.P.P.F. Act, the
Kerala Forest Act, the Kerala Land Reform Acts considered the plan-
tations as units by providing that they would include the land used for
ancillary purposes as well. Therefore, while applying the Vesting Act B
to such plantations the same principle would be applicable. It is on
record that the estate of the company is divided into four divisions,
namely, Siruvani Varadimulai, Elamali and Halton. In conformity
with the idea of plantations, it would be reasonable to take each divi-

- sion as a unit, subject, of course, to natµral and geographical factors.
Considered in light of the above principles also we find that plots 13,
15, 16, 26, 27, 29 and 56 form small portions of the respective divisions
and can be taken to have been principally cultivated. We accordingly
have no hesitation to exempt these plots from vesting. However, con-
c

sidering the scarcity of land and the location of plot No. 12 and the fact
that the Co-operative Society has already been formed, for the ends of
distributive justice this plot should be taken to have vested in the D
State, so that the road will form the boundary of the company's
plantations.

Plot No. 14 of 3.67 acres though a forest area has been claimed
by the company as its wind-belt. Mr. Poti submits that this plot is of
high elevation but the experts did not agree that it could serve as E
wind-belt. From the sketch map, however, it is found to have been

- projecting inside the plantations and that may be sufficient reason for
its special consideration. It should accordingly be exempted lrom
vesting.

- After formulating the principles on the basis of the case law, at F
one stage we were thinking of remanding the case to the High Court
for fresh determination in light of th_e observations made above.
However, there was the consensus that in view of the detailed findin_gs
of the Tribunal as well as the High Court this old pending case may be
decided by this Court itself instead of remanding it. We. therefore,
decided to do so on the basis of the materials on record. G

.......,,.... Plot No. 33 admeasuring 16.20 acres (6.56 hectares) was claimed
by the company as originally planted area. The Tribunal found that at
the relevant time there was no evidence of any plantation but there
were small forest trees aged 20 years and also wild bushes and shrubs.
The High Court did not specifically referred to this plot. From t~e . H
574 SUPREME COURT REPORTS [1991] 1 S.C.R.

A
sketch map it is seen that on all sides it is covered by planted area and y
only to the north by forest. The company claimed it as an enclave.
There is some building, and a road passing through it. It ia a part of the
Alamalai Division. There is nothing to show that· this plot was not
exempted under the MPPF Act as plantations. Considering all these
factors this plot has to be left as a part of the plantation and exempted
B from vesting. Accordingly it is exempted.

Plot No.36 admeasuring 14.87 acres (6.02 hectares) was found by ~
the Tribunal to be an uncultivated grassy waste land with wme scat-
tered forest trees. As there is no evidence of it ever having been

c
planted, having forests almost on three sides, this plot may be taken to
have vested in the State.

Plot Nos. 37 & 38 have been claimed by the company as cardamom
i"-<
-
plantations. To the south of these plots there is a strip of plantations.
Plot No.37 admeasuring 9.63 (3.90 hectares) was found to have been
r
newly planted with cardamom which the company claimed to have
D been replantation. Some scattered old cardamom plants aged nearly 15
years here and there were also found. Similarly Plot No.38 admeasur-
ing 5.26 (2.13 hectares) was claimed by the company as a cardamom
plantation but there were no plants. Both the plots may, therefore, be
treated together as cardamom planted area and as such not vested in
the State. A
E
Plot No. 64 extending over 9.21 acres (3.72 hectares) contains, as
fou1'd by the Tribunal, water channel through which water from the
forest area was flowing to the water tank constructed at the end of the
north channel and that tlie entire ~ater supply to the tea factory and
other residential areas of this building was through this channel. On ...,
F both sides of this channel there were some scattered cardamom plants
aged 10-15 years. The High Court dealt it with plot Nos. 62 and 63 but
did not mention about the water channel and the plants. The findings
of the. Tribunal would justify exemption of this plot from vesting in-
asmuch as the water supply must be considered to be vital for the
plantations and their administration.
G
Plot Nos. 39 and 40 extending over 6.37 acres (2.58 hectares) and
32.42 acres (13.12 he~tares) are contiguous and through these plots y
passes a road. They are surrounded on three sides by planted areas and
only on one side by LGB estates. The Tribunal found that plot No.39
was newly planted with coffee the plants being 6 months to 1 year old.
H;_ The company stated this area to have been an old cardamom planted
BHAYANI TEA v. STATE [SAIKIA, J.] 575

~area and newly converted into coffee plantation. Plot No.40 was
A
claimed to have been a cardamom plantation and the plants to have
been ~estroyed by wild fire the Tribunal found it to be a forest area
with trees ages 30-40 years and 15 dadaps of equal age. There is
nothing to show that this was not an exempted area under the MPPF
Act or not included in the plantations when the Vesting Act came into
force. The High Court did not find otherwise. These two plots accor- B
_,i dingly have to be exempted from v.esting.
\

The Tribunal found plot No.41 extending over 26.32 acres (10.65
hectares) to be grassy land with only about 10 to 20 forest trees, wild
~ bushes and undergrowth. The company said that this area was used for
fugitive cultivation by the estate labourers. The High Court does not
appear to have specifically dealt with this plot. There having been no
c
plantation it was not shown to have been included as forests under the
--r' MPPF Act. In view of the objects and purposes of the Vesting Act it
may be treated as to have vested in the State.

Plot No. 44 extending over 84.06 acres (34.62 hectares) was D
found by the Tribunal as mainly grassy hills with some scattered trees
in some portion and not cultivated. In the High Court it was submitted
by the company that there were no forest trees in this area, that there
were old tree plantations which were destroyed, and that it was close
A to the bungalow of the Managing Director, Exhibit A-19 which was the
preliminary Land Register showed that this plot was tea area and the E
same was included in a re-planting scheme sanctioned by the Tea
Board. This was also said to be an enclave within the plantations. The
High Court observed that re-planting scheme sanctioned by the Tea
Board had not been put in evidence and that the recital in Ext. A-19 by
itself could not entitle the applicant to claim exemption on the basis
that the plot was a tea area and that Ext. A-19 could only be a record F
of representation of the company. It was not denied that this plot was
close to the bungalow of the Managing Director and that there were no
forest trees in that area. It is seen to be extending far inside the
plantations in Siruvani division. There is no evidence to show that this
area was not exempted as plantation under the MPPF Act qr when the
Vesting Act came into force. There is no evidence to show any G
spontaneous growth of forest thereafter. This plot cannot, therefore,
""ybe taken to have vested in the State.
Plot No. 46 admeasuring 5.31 acres (2.15 hectare_s) was claimed
by the company to be an old coffee plantation though the Tribunal
found that there were no coffee plants but there were dadaps aged 30 H
576 SUPREME COURT REPORTS [1991] 1 S.C.R.

to 40 years which were planted as shade trees and some scattered
A forest trees also. Neither the Tribunal nor the High Court found the
area not to have ever been planted, The presence of the shade trees
proved otherwise. It is also located to the north of plot No.65 and well
inside the plantation and as such may be treated as an enclave. It has,
therefore, to be exempted.
B
Plot No. 50 is extending over 30.96 acres (12.53 hectares). The
company claimed that it was a coffee planted area but subsequently the /_...(_
coffee plants were destroyed by wild fire. The Tribunal found this to
have been a planted area as there were a good number of shade trees
such as dadaps which were aged about 40 years and there were a few ......,
scattered forest trees aged 30 to 40 years and the area was covered with
c bushes and wild growth. The High Court did not exclude this area
from vesting on the ground that there were no existing specified crops
without considering whether this area was or was not excluded as "
plantation by the MPPF Act. This plot is located almost at the centre Y-
of Siruvani Division and hardly touched by peripheral plot No. 63. On
D north-eastern side of this plot, number of houses have been shown in
the sketch map. This cannot, therefore, be taken as vested in the
State.

Plot No. 51 is described by the Tribunal as a thin forest area with
scattered forest trees aged 15 to 20 years and no sort of cultivation or ,A
E plantation seen. Plot No. 55 extending over 13.12 acres (5.31 hectares)
described by the Tribunal as a forest area with trees a_ged 40 to 50 years
and not cultivated. The High Court dealt with these two plots
together. The company claimed that plot No. 55 was a part of rubber
plantation alongwith plot No. 56 which have been exempted and that
both the.se areas were covered by Registration No. 2 of 1964 under the
F Rubber Act. At the relevant time the High Court observed that the ~·'°
registration survey had not been produced inspite of the statement that
the document was available for production or verification and that
neither in E~t. A-13 nor in Ext.B-1 the applicant have claimed to have
any area to be planted with rubber. The Tribunal further observed that
the balance sheet and profit and loss accounts attached to Ext. A-13
G also did not disclose any income from rubber, and no other evidence
was produced that there was any rubber plantation. The High Court
did not arrive at any finding that this area was a forest area under the ~
MPPF Act or at the time of the Vesting Act coming into force. It is
surrounded on all sides by plantations and may be taken an enclave.
From its location and the claim of registration under the Rubber Act
H these two. areas cannot be taken to have been vested in the State.
BHAYANI TEA v. STATE [SAIKIA, J.] 577

~ The Tribunal treated plot No. 58 of 75.19 acres (30.43 hectares) A
and plot No. 59 of 73.03 acres (29.15 hectares) together. The company
claimed that the two plots were regularly planted with ca~damom but a
good number of plants were destroyed by the wild animals which were
frequently coming from the nearby Muthikulam Reserve Forest. But it
found that there were only scattered cardamom plants which were 10 B
to 15 years. In some portions of the area there were cardamom plants
__,l at the rate of 200-250 per acre .and in other portion only 100-150 plants
\per acre. There were regular forest trees also aged some 50 years but
number was not stated. The Tribunal accordingly observed: "Though
the area is planted with cardamom, this portion of the estate is not at
. ~ all properly looked after or maintained."
c
The High Court dealt with plots 58, 59 and 61 together and
observed that it contained some cardamom plants which were found
-y among regular forest trees aged about 50 years. The cardamom plants
few in number, 100-150 in some places and 200-250 in other places and
aged about 10-15 years as against about 1,000-2,000 per acre which D
according to PW-3 would be an ordinary number, did not justify the
claim that these areas were exempted as cardamom plantation. Before
the High Court it was submitted for the State that cardamom was only
a plantation and it would not be found in forest, was only a misap-
prehension, and that cardamom was a wild plant found in profusion as
Ji..._ natural growth in tropical forests. Encyclopaedia Britanica states that
E
"native to the moist forests of southern India, cardamoms may be

-
collected from wild plants, but most are cultivated in India, Sri Lanka
and Guatemala. "The High Court accordingly concluded that the pre-
sence of a few scattered cardamom plants in thickly wooded forests
cannot, therefore, justify an assumption that the area is a cardamom
plantation. There was no finding to the effect that this area was private F
forest under the MPPF Act and when the Vesting Act came into force.
These two areas are no doubt adjacent to the peripheral plot No. 63
but they extend far inside the plantation. They cannot be said to have
been forests . and never brought under plantation. The number of
cardamom plants mentioned is enough to show that these areas were
not private forests when the Vesting Act came into force nor they have
G
become so thereafter. These two areas, therefore, have to be taken not
to have been vested in the State.
y
The result is that plot Nos. 33, 39, 40, 44, 46, 50, 51, 55, 58, 59, &
61 a\~o hive to be treated as not to have vested in the State under the
Vesting Act. H
578 SUPREME COURT REPORTS [1991] 1 S.C.R.

A As regards the existing roads falling within the vested areas those y
· shall have such margins on either side of the road as required under the
P.W.D. rules of the State and shall be maintained and controlled by
the company. No construction of new roads by the company in or
through the vested areas shall be permissible. Needless to say that
there shall be no restriction as to roads on the company's own non-vested
B areas.

The result is that the High Court's Judgment stands modified~
only to the above extent. The appeals of the company and the State are
partly allowed to the above extent. We leave the parties to bear their
own costs of these appeals. -..,(. ~

R.N.J. Appeals partly allowed. --

-