Forest Dept Files Appeal Against ‘Illegal’ Grant of Forest Land in Sakleshpura

Karnataka forest department has filed an appeal with the Court of Assistant Commissioner, Sakleshpura subdivision, alleging that between 1980 and 2021, 1,511.09 acres of the Moorkannugudda notified forest area were 'illegally granted.'

It has also claimed that the revenue department has only mutated 5,631.28 acres in the name of the forest department and 986.38 acres as gomala (grazing land), among other things.

The forest lands were in the process of being designated as a protected area. Hassan deputy conservator of forest N Ravindra Kumar filed an appeal on March 25 before the assistant commissioner of Sakleshpur, claiming that revenue authorities' land grants to 508 beneficiaries for coffee cultivation were illegal.

Notably, in the case of E Ramakrishnappa vs State of Karnataka in 2018, the High Court of Karnataka upheld the dismissal of Tehsildar Ramakrishnappa for illegally granting 134.18 acres of Srinivaspura reserve forest land in Kolar district.

Taking note of the illegal grant of forest land by revenue officers, the Karnataka government issued an order on August 18, 1960, stating that no forest lands should be granted for cultivation without the consultation of the forest department.

"The Forest Conservation Act, 1980, was enacted with the intent of preventing further deforestation, which ultimately results in ecological imbalance; thus, the provisions made therein for the conservation of forests and matters connected therewith must apply to all forests, regardless of the nature, ownership, or classification thereof."

Given the meaning of the word "FOREST" in the Act, it is obvious that any non-forest activity within the area of any "FOREST" requires prior approval from the Central Government.

"In accordance with Section 2 of the Act, all ongoing activity within any forest in any state throughout the country must cease immediately without the prior approval of the Central Government."

"This order is to be operable and to be implemented notwithstanding any order to the contrary made or which may be made by any government or any authority, including the central or any state government, or any court (including the high court) or tribunal," the appeal stated.