The Supreme Court intervened to address illegal agricultural occupation of forest land in Kalaghatagi, Karnataka. The case scrutinized a decade-long lease granted to a cooperative society for farming on reserved forest land, raising questions on compliance with the Forest (Conservation) Act, 1980 and the limits of state authority over forest land.
The controversy began when the State Government had leased 134 acres of reserved forest in Benachi and Tumarikoppa villages to a cooperative society for agricultural purposes starting in 1976. Over the years, the society cleared trees and cultivated the land. After the lease expired, the government refused renewal, prompting legal challenges. The society claimed continued entitlement, filing multiple writs and appeals, but lower courts consistently upheld state actions against the lease renewal.
The Forest Department took possession of the land in January 2007, but a subsequent order allowed the society to submit a representation for continuation, reigniting the legal battle over the legitimacy of prior leases and land use.
The Apex Court ruled that the initial grant of lease was “uncalled for” and led to extensive deforestation, emphasizing that forest land cannot be converted for non-forestry purposes without Central Government approval. The bench stated, “no permission could have been granted to perpetuate the illegality committed while granting the lease of the forest land to the respondent-Cooperative Society.”
Consequently, the Court upheld the eviction and directed the Forest Department to restore the 134 acres with indigenous trees and plants in consultation with experts, with compliance mandated within 12 months.
Case Title: State of Karnataka & Ors. v. Gandhi Jeevan Collective Farming Co-Operative Society Limited
Case No.: Civil Appeal No. 3661 of 2011
Coram: Justice Vikram Nath, Justice Sandeep Mehta
Advocate for Petitioner: Adv. Avishkar Singhvi (A.A.G.), Patil Rekha Chandra Gouda (AOR), Jadhav Vishal, Himanshu Mishra, Shubham Shukla
Advocate for Respondent: Adv. Ashwani Bhardwaj (AOR)
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