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Kerala High Court disposes of two PILs on forest land encroachment

The Kerala High Court disposed of two petitions concerning the encroachment of forest land in the Valiyakavu Reserve and Alappra Reserve, spanning 432.50 acres, under the Ranni Forest Division and Kottayam Forest Division.

The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu were hearing the Public Interest Litigation (PIL) filed in 2010, alleging respondents  had encroached upon forest land. 

The petitioners claimed their predecessor had rights over the property, which was notified as a reserve forest. 

However, the Division Bench declared that the land was not part of the reserve forest in a judgment dated January 10, 2018.

The State filed a Special Leave Petition (SLP) against this judgment, and notices were issued on July 3, 2019, with an order of status quo granted. 

The larger piece of land, subject to both petitions, is now part of the pending SLP proceedings.

Considering the pending SLP and the order of status quo, the Kerala High Court deemed it unnecessary to keep both petitions pending. 

The court held that the status and legality of the occupation would be decided in the pending SLP. 

The petitions were accordingly disposed of, leaving room for the petitioner or private respondents to approach the court for relief if needed after the Supreme Court disposes of the SLP.

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