M. Jameela v. State of Kerala 2025 INSC 1254 - Kerala Private Forests (Vesting and Assignment) Act
Kerala Private Forests (Vesting and Assignment) Act, 1971 - Section 3 - The applicant before the Forest Tribunal must establish that the land does not fall within the definition of private forest under the Act i.e., in other words, either that it was not a forest at all, or that it was exempt by virtue of Sections 3(2) and 3(3). The rationale is that vesting is the norm and exemption is the exception; hence the claimant must prove the applicability of the exception - standard of proof is preponderance of probabilities, not proof beyond reasonable doubt. The claimant is not required to demonstrate their case with absolute certainty or direct evidence of every historical fact which in many cases from 1971 would be impossible but must lead such evidence that a reasonable fact-finder can conclude that it is more likely than not that the ingredients of the exemption are satisfied. (Para 33) [Context: SC declared that the appellants are the lawful owners in possession of the aforesaid lands, and that those lands did not vest in the Government on 10.05.1971. The appellants‟ title and possessory rights over the property shall stand confirmed.]
Case Info
- Case name: M. Jameela v. State of Kerala and Another ETC.
- Neutral citation: 2025 INSC 1254.
- Coram: Justice Aravind Kumar; Justice N.V. Anjaria.
- Judgment date: October 15, 2025.
- Appeal numbers referenced: Civil Appeal Nos. 6813-14 of 2013.
Caselaws and citations
- Joseph & Another v. State of Kerala & Another, (2007) 6 SCR 347.
- State of Kerala v. Balagopal, (1986) KLT SN 1713.
- State of Kerala v. Chandralekha, (1995) 2 KLJ 121 (FB).
- State of Kerala & Another v. A.C.K. Rajah, AIR 1994 SC 1030.
- M.S. Bhargavi Amma v. State of Kerala, (1997) 2 KLT 866 (FB).
Statutes / laws referred
- Kerala Private Forests (Vesting and Assignment) Act, 1971 — Sections 3(1), 3(2), 3(3), 3(4); Section 2(f) definition reference.
- Madras Preservation of Private Forests Act, 1949 — Section 3(1) (sanction for alienation/clear-felling).
- Kerala Land Reforms Act, 1963 — Sections 81 (plantation exemption), 82 (ceiling), Chapter III; Schedule II (“other dry lands”).
- Tax and regulatory context: Coffee Board and Spices Board registrations; Plantation Tax; Agricultural Income Tax.
