Dispute Redressal in respect of lands having an extent of not more than two hectares.

The Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act 2003

Environmental200322 sections

Read full ActSections

Statutory text

(1) Notwithstanding anything contained in section 10, if any owner of the land which has been notified under section 3 and having an extent of not more than two hectares as on 2nd day of June,2000 has any dispute as to whether such land is an ecologically fragile land or not, may file an application before the Principal Chief Conservator of Forests for the settlement of such dispute: Provided that no dispute in respect of any land which was already been decided by the Tribunal under section 10 shall be re-opened under sub-section (1).
(2) On receipt of an application under sub-section (1), the Principal Chief Conservator of Forests shall refer the dispute to the Ecologically Fragile Land Claim Dispute Redressal Committee constituted under section 10B and shall if any proceedings pertaining to the land referred to in the said application is pending before any Tribunal, communicate the fact to the said Tribunal and on such communication further proceedings in respect of such land before the Tribunal shall stand suspended.
(3) On such reference under sub-section(2), the Ecologically Fragile Land Claim Dispute Redressal Committee shall after inspecting the land in dispute furnish a detailed report within six months from the date of receipt of the application to the Principal Chief Conservator of Forests regarding the nature of the land, trees and other vegetation on the land. 1 Inserted by Act 32 of 2009 ( w.e.f 20-08-2009).
(4) Immediately on receipt of the report under sub-section (3), the Principal Chief Conservator of Forests shall forward the same with his recommendations to Government and the decision of the Government thereon shall be final.
(5) If the decision under sub-section (4) is that any land or portion thereof is an ecologically fragile land, the Tribunal shall at the option exercised by the applicant, within such time as may be prescribed, continue the proceedings suspended temporarily under sub-section (2) in respect of such land.
(6) If the decision under sub-section (4) is that any land or portion thereof is not an ecologically fragile land, the custodian shall, as soon as may be, return the possession of such land or portion thereof, as the case may be, to the owner of such land and that the said land shall not be purported to have been vested in the Government at any time under the provisions of this Act, and in respect of the land which is returned, the Tribunal shall put an end to the proceedings which is pending before the Tribunal and suspended temporarily under sub-section (2) and pass orders thereon.
(7) No application for settlement of dispute under this section shall be filed after the expiry of six months, as the case may be, from the date of publication of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Amendment Act, 2009 or from the date of notification declaring such land as ecologically fragile land under section 3.
(8) The form, the manner and fees for preferring an application under sub- section (1) shall be such as may be prescribed.

Study data processing for this section.

PDF: pending for this language.