Supreme Court Protects Landowners' Sandalwood in Landmark Case.
In a victory for landowners, the Court ruled in favor of P.J. Antony and Cheriyan Kuruvila in a dispute with the Forest Department regarding ownership of sandalwood trees. The department had confiscated sandalwood found on Antony and Kuruvila's private property, alleging it was illegally obtained.
The crux of the case hinged on evidence. Antony and Kuruvila presented documentation from revenue officials certifying their ownership of the land and the sandalwood trees. The Forest Department, however, lacked concrete proof to support their claim of illegal acquisition.
The court, meticulously examining the evidence and procedures, found that the Forest Department did not have sufficient reason to believe a forest offense had been committed, a key requirement for confiscation under Section 61A of the Kerala Forest Act. Additionally, the department's failure to follow proper confiscation protocols weakened their case.
As a result, the Supreme Court ordered the return of the confiscated sandalwood to the rightful owners. Furthermore, the Forest Department was directed to comply with the government scheme established for dealing with sandalwood trees grown on private land.
This landmark case reinforces the importance of proper procedure and evidence collection in forest offense cases. It also highlights the rights of landowners in protecting their property from unfounded confiscation. The court's decision serves as a precedent for similar future cases and underscores the need for a balanced approach to forest conservation and landowner rights.