Ancillary land use under forest vesting law may cover firewood cultivation for factories and employees where necessity is proved.

Land reasonably required for growing firewood trees for use as fuel in smoke-houses and factories may fall within the exclusion for land used for an ancillary purpose under section 2(f)(1)(i)(B) of the Kerala Private Forests (Vesting and Assignment) Act, 1971. The provision was construed liberally and purposively, and the estate had to prove both the necessity of the land and that only the minimum reasonable area was required. A reasonable area for supplying employees with firewood could also qualify where the practice was established and adequate market availability at reasonable prices was not shown. The appeals succeeded, the contrary High Court rulings were set aside, and the matter was remitted to determine the minimum area, if any, eligible for exclusion.

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Issues: Whether land used for growing firewood trees for fuel in smoke-houses and factories, and for supply to estate employees, is excluded from the definition of private forests under section 2(f)(1)(i)(B) of the Kerala Private Forests (Vesting and Assignment) Act, 1971 as land used for an ancillary purpose or for the preparation of the crops for the market.

Analysis: The majority held that the exclusion in section 2(f)(1)(i)(B) must receive a liberal and purposive construction. Land reasonably required for growing firewood trees for use as fuel in smoke-houses and factories is land used for a purpose ancillary to cultivation or preparation of the crop for the market. The majority also held that, where the estate proves a practice of supplying firewood to employees and there is no satisfactory evidence of adequate and steady market availability at reasonable prices, a reasonable area required for such supply may also qualify for exclusion. The burden lies on the appellants to establish the need for such land, and the exclusion is limited to the minimum reasonable area actually required.

Conclusion: Such land can qualify for exemption under section 2(f)(1)(i)(B), subject to proof of necessity and reasonable extent.

Dissenting Opinion: Sawant, J. held that land for growing fuel wood, whether for workers or for smoke-houses, does not fall within the expression ancillary to cultivation or preparation for market. The dissent stressed that the statute expressly refers to certain ancillary lands but not to land for growing fuel, and that the claimed need was not sufficiently proved.

Final Conclusion: The appeals succeeded, the contrary High Court judgments were set aside, and the matters were sent back for determination of the minimum reasonable area, if any, required for the permitted fuel purposes.

Ratio Decidendi: Land reasonably required for growing firewood for use in estate factories or smoke-houses, and for employees' domestic use where necessity is proved and market availability is not satisfactory, may be treated as land used for an ancillary purpose under section 2(f)(1)(i)(B) of the Kerala Private Forests (Vesting and Assignment) Act, 1971.

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