JUDGMENT : (A. Muhamed Mustaque, J.) 1. In this appeal, we are called upon to decide an issue regarding the procedure to be followed for cutting and transporting the timbers of the specified trees from non-notified area as referable under the Kerala Promotion of Tree Growth in Non-forest Areas Act, 2005 (For short “Act”). The Forest Department has come up with this appeal aggrieved by the judgment of the learned Single Judge setting aside the decision of the Authorised Officer-Forest Range Officer rejecting a declaration submitted by the owner of the land to transport the timber referable under Section 6(5) of the Act r/w Rule 3(1) of the Kerala Promotion of Tree Growth in Non-forest Areas Rules, 2011 (For short the Rules). To understand the issue, it is necessary to advert to the legislative scheme of the Act. The Act was brought in the year 2005. As seen from the preamble, the Act was brought in to promote cultivation of trees in non-forest areas of the State, in order to increase green cover, preserve bio-diversity and arrest soil erosion and to increase availability of timber and bamboo for industry. While balancing the ecological concern and genuine human wants, the legislature was mindful of the requirement of timber in the market to promote the business and industry. Thus classification has been made in regard to the non-forest land vis-a-vis notified non-forest land and non-notified forest land. The object of the legislation is discernible from Section 6(3) of the Act in regard to notifying non-forest land. The provision reads thus: “The Government may, with a view to preserving tree growth in the interest of protecting the ecology or in public interest by notification in the Gazette direct that no tree standing in any area of non-forest land specified in the notification shall be cut, uprooted, burnt or otherwise destroyed except on the ground that the tree constitutes a danger to life or property or is wind fallen:” 2. The very idea of notification of nonforest land for the purpose of the above Act is to preserve the biodiversity and ecological balance. By virtue of the above power, the Government also notified certain area in the State as an ecologically sensitive non-forest land. That means, these areas which have been notified alone, restriction would apply. All other places have to be treated as a non-notified non-forest land for the purpose of the Act. By virtue of the above power, the Government also notified certain area in the State as an ecologically sensitive non-forest land. That means, these areas which have been notified alone, restriction would apply. All other places have to be treated as a non-notified non-forest land for the purpose of the Act. Section 6(5) of the Act laid down procedure for cutting and transporting the timber of the nature “specified trees”, which reads thus: “Where a specified tree is to be cut or any timber of a specified tree is to be transported from any non-forest land to any other place, the owner of such tree shall, before cutting the tree or transporting the timber, as the case may be, file before the Authorised Officer having jurisdiction over the area, a declaration containing details such as the survey number of the land from which the tree is to be cut, number of trees, species of trees, quantity of timber and the place to which such timber is being transported, either directly or send it by registered post with acknowledgment due.” 3. The “specified trees” also has been defined under Section 2(e) of the Act, which reads thus: "specified tree" means "Sandal wood (Santalum album)", "Teak (Tectona grandis), Rosewood (Dalbergia latifolia, Irul (Xylia xylocarpa), Thempavu (Terminalia tomantosa, Kampakam (Hopea Parviflora), Chadachi (Grewia tiliaefolia), Chandana vempu (Cedrela toona), Vellakil (Dysoxylum malabaricum) or Ebony (Diospyrus sp.);" 4. That means, for cutting and transporting specified trees, the procedure referred to under Section 6(5) of the Act and the applicable Rules will have to be followed. Rule 3 of the Rules stipulates that a declaration will have to be filed in accordance with Section 6(5) of the Act for cutting and transportation of the specified trees from non-forest land to any other place. It is appropriate to reproduce Rule 3 of the Rules. Rule 3 of the Rules stipulates that a declaration will have to be filed in accordance with Section 6(5) of the Act for cutting and transportation of the specified trees from non-forest land to any other place. It is appropriate to reproduce Rule 3 of the Rules. “Declaration to be filed for cutting a specified tree or transportation of timber of a specified tree from any nonforest land to any other place.- (1) where a specified tree, other than, sandalwood, standing on a non-forest land is to be cut or any timber of any such tree is to be transported, the owner of such tree shall, before cutting the tree or transporting the timber, as the case may be, file before the Authorized Officer having jurisdiction over the area, a declaration in Form No.1 in duplicate either directly or by registered post with acknowledgment due. (2) Declaration filed as per sub-rule (1) shall be deat with in accordance with the provision of sub-section (6) of section 6 of the Act. (3) On receipt of a declaration filed under sub-rule (1), the Authorized Officer shall forthwith issue a copy of the declaration; acknowledged by him under his signature and seal. (4) The acknowledged copy shall accompany the timber during its transport.” 5. The procedure as discernible from Rule 3 of the Rules is that the owner of the land who wants to cut or transport the timber of the specified trees from the non-forest land will have to file a declaration before the Authorised officer and the Authorised Officer has to acknowledge the same with his signature and seal. The declaration has to be in Form 1. The Form 1 reads thus: 6. It is seen from the first proviso to Section 6(6) of the Act, if the Authorised Officer fails to acknowledge within twenty days on receipt of the declaration, the same shall be deemed to have been received, if the trees are to be cut and removed from the non-notified forest land. That means, without any formal acknowledgment, the owner of the land can cut and transport the timber based on the declaration. If the acknowledgment is issued within twenty days, the owner will have to produce the declaration as well as acknowledgment for cutting and transportation of the timbers. That means, without any formal acknowledgment, the owner of the land can cut and transport the timber based on the declaration. If the acknowledgment is issued within twenty days, the owner will have to produce the declaration as well as acknowledgment for cutting and transportation of the timbers. In other words, if acknowledgment is not issued within twenty days, the owner of the land can transport the timbers with the declaration alone. 7. It is to be noted that the declaration has to be sent by registered post with acknowledgment due. It is only when the declaration is sent by a registered post with acknowledgment due, the owner of the land can have the benefit of the first proviso to Section 6(6) of the Act. 8. The present issue arises in the context when the Authorised Officer rejected declaration. The Authorised Officer rejected the declaration stating that if the trees are allowed to cut, it would cause ecological imbalance. 9. The learned Special Government Pleader (Forest)-Sri.T.P. Sajan, assailing the impugned judgment argued that if the indiscriminate cutting of trees are allowed in non-forest area, it would have an adverse impact on the environment and the very purpose of Act would be defeated. It is further submitted that the purpose to give details of the trees proposed to be cut as referable in From 6 of the Rules is to ensure that only such trees having sufficient growth alone be allowed to be cut and transported. 10. The learned counsel appearing for the parties would submit that the declaration is only a formality to ensure that the trees are cut from non-notified area and also from the non-forest land. Therefore, the Authorised Officer has no authority to reject the declaration filed for cutting, removing and transporting the specified trees. 11. We perused the statutory provisions and the Rules applicable. The classification of the notified area and non-notified area is based on the ecological and environment parameters. No doubt, the rigor that may apply in ecologically sensitive areas, cannot be applied in non-notified areas. Therefore, the Authorised Officer cannot reject any declaration on the ground that the proposed cutting and transporting of timbers would adversely affect the ecological environment, if the cutting and transporting of timbers are from non-notified area. The purpose of the declaration is to verify the factual aspects. Therefore, the Authorised Officer cannot reject any declaration on the ground that the proposed cutting and transporting of timbers would adversely affect the ecological environment, if the cutting and transporting of timbers are from non-notified area. The purpose of the declaration is to verify the factual aspects. Under the guise of the declaration, no one can be allowed to cut and transport the timber of specified tree or any other tree from notified areas or from the forest land. It is only to conduct a factual verification that such a declaration is insisted under the law. There is no statutory provision referable, putting an embargo on the owner of the land to cut the trees below the specified size or height. 12. Reference to size in Clause 6 in Form 1 of the Rules perhaps have been stipulated to identify the nature of the tree being cut and transported. Anyway, in the light of the fact that there is no statutory provisions putting an embargo on cutting and transporting the timbers of the trees of particular size in the non-notified and non-forest lands, no prohibition can be made by the Authorised Officer while considering the declaration. As already noted, the purport of the declaration is to ensure that trees are cut and removed only from non-notified areas and non-forest lands. The purpose of giving twenty days time to the Authorised Officer is to verify the factual aspects and to find out the genuineness and truthfulness of the declaration made and nothing else. If the Authorised Officer, on verification, finds that the cutting and transportation of timbers are from the notified area or forest land, he can very well reject the declaration. Therefore, we dismiss the writ appeal affirming the judgment of the learned Single Judge. We make it clear that the declaration cannot be rejected for any other reason other than mentioned as above.