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ne|rs of Amunategu| vs D|rector of Iorestry

Iacts
1here were Lwo peLlLlons for revlew on cerLlorarl quesLlonlng Lhe declslon of Lhe CourL of
Appeals whlch declared Lhe dlspuLed properLy as foresL land noL sub[ecL Lo LlLllng ln favor of
prlvaLe persons 8orre and AmunaLegul
1he ulrecLor of loresLry Lhrough Lhe rovlnclal llscal of Caplz also flled an opposlLlon Lo Lhe
appllcaLlon for reglsLraLlon of LlLle clalmlng LhaL Lhe land was mangrove swamp whlch was sLlll
classlfled as foresL land and parL of Lhe publlc domaln
AnoLher opposlLor LmeLerlo 8ereber flled hls opposlLlon lnsofar as a porLlon of LoL no 883
conLalnlng 117936 square meLers was concerned and prayed LhaL LlLle Lo sald porLlon be
conflrmed and reglsLered ln hls name
Issue
WCn Lhe loL ln quesLlon can be sub[ecL of reglsLraLlon and conflrmaLlon of LlLle ln Lhe name of
Lhe prlvaLe person
ne|d
1he opposlLlon of Lhe ulrecLor of loresLry was sLrengLhened by Lhe appellaLe courLs flndlng
LhaL Llmber llcenses had Lo be lssued Lo cerLaln llcensees and even !ose AmunaLegul hlmself
Look Lhe Lrouble Lo ask for a llcense Lo cuL Llmber wlLhln Lhe area lL was only someLlme ln 1930
LhaL Lhe properLy was converLed lnLo flshpond buL only afLer a prevlous warnlng from Lhe
ulsLrlcL loresLer LhaL Lhe same could noL be done because lL was classlfled as publlc foresL"
A foresLed area classlfled as foresL land of Lhe publlc domaln does noL lose such classlflcaLlon
slmply because loggers or seLLlers may have sLrlpped lL of lLs foresL cover loresL lands do noL
have Lo be on mounLalns or ln ouL of Lhe way places Swampy areas covered by mangrove
Lrees nlpa palms and oLher Lrees growlng ln bracklsh or sea waLer may also be classlfled as
foresL land 1he possesslon of foresL lands no maLLer how long cannoL rlpen lnLo prlvaLe
ownershlp 1herefore Lhe loL ln quesLlon never ceased Lo be classlfled as foresL land of publlc
domaln