Kerala High Court|Friday, 20 February 2026
Kerala HC Dismisses Mohanan's Appeal for Exemption Under Forest Vesting Act
Bench
SN
Justice Sathish Ninan
Sathish Ninan
Kerala HC Dismisses Mohanan's Appeal for Exemption Under Forest Vesting Act (2026) held that The court reiterated that for exemption under Section 3(3) of the Vesting Act, the applicant must prove valid title, intention to cultivate, and compliance with ceiling area regulations.
The case involves Mohanan challenging the dismissal of his application by the Forest Tribunal, which sought exemption of his property from being classified as a private forest under the Kerala Private Forests (Vesting and Assignment) Act. The Tribunal upheld Mohanan's title but found he failed to prove his land was under cultivation and that he did not exceed the ceiling area under the Kerala Land Reforms Act. The High Court concurred with the Tribunal's findings, ultimately dismissing the appeal. The court emphasized the necessity of proving intention to cultivate the land as a key requirement for exemption.
The court reiterated that for exemption under Section 3(3) of the Vesting Act, the applicant must prove valid title, intention to cultivate, and compliance with ceiling area regulations.
The court found that the applicant failed to demonstrate that the property was held with the intention to cultivate as of the appointed date, which is essential for claiming exemption.
The introduction of new evidence after the Tribunal's decision is permissible if it is crucial for rendering a just judgment.
Original Application filed before Forest Tribunal
Certificate issued by Village Officer submitted as evidence
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