Kochi: The Kerala High Court has held that the land principally used for cultivating crops of long-duration cannot come under the legal definition of forest despite having the characteristics of a forest.

The division bench comprising Justice P B Suresh Kumar and Justice C S Sudha stated this, while considering a petition filed by Thalassery native S Raveendranath Pai and others against declaring the 6.072 hectares of land at Mananthavady as ecologically fragile under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act.

The High Court also revoked the notification that declared the land as ecologically-fragile and an order by a tribunal set up for ecologically fragile land cases in Kozhikode.

The court explained that though the land used for cultivating long-duration crops such as tea, coffee, rubber, pepper, cardamom, coconut, and cashew nuts, has naturally grown trees and undergrowth, it does not fall within the definition of forest in terms of the Act. The court held that a land which is not a forest, as per the definition, is not an ecologically-fragile area.

The petitioners contended that the land legally notified, under the 2003 Act, is part of the 30 acres that is under their ownership and they have been cultivating cardamom, coffee and pepper on it since 1970. Their contention was that it cannot be legally defined as forest and hence cannot be declared as an ecologically-fragile area.

The reports of the advocate commissioner and an expert were also submitted.

The tribunal had stated that the land is a wildlife habitat area and is surrounded by forests on three sides with many indigenous trees. However, the court said these were not of any significance.

The high court said it was clear from the report that agriculture was the main activity on the land and that long-duration crops were cultivated.