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In the High Court of Karnataka at Bangalore

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In the High Court of Karnataka at Bangalore 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 24 TH DAY OF JANUARY 2013 PRESENT THE HON’BLE MR.K.SREEDHAR RAO, ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE S.ABDUL NAZEER WRIT PETITION NO.14644/1998(KLR-REG-PIL) C/W WRIT PETITION NO.30774/1998(GM-FOR-PIL) & WRIT PETITION NO.9540/2001(KLR-RR-SUR/PIL) W.P.NO.14644/1998 BETWEEN 1. SRI K G SRIDHAR S/O SRI K. GANGADHAR AGED 34 YEARS KALLAHALLA BHARATHIPURA POST THIRTHAHALLI-577 432 SHIMOGA 2. SRI T.K. SUDHEENDRA S/O SRI T.S. KRISHNAMURTHY AGED 40 YEARS, KALLAHALLA BHARATHIPURA POST THIRTHAHALLI-577 432 3. SRI B.R. SRINIVASA S/O SRI B. RAMAIAH IMBRAGODU, AGED 55 YEARS BHARATHIPURA POST THIRTHAHALLI-577 432 4. SRI K KRISHNASWAMY AGED 55 YEARS KALLAHALLA BHARATHIPURA POST THIRTHAHALLI-577 432 SHIMOGA DISTRICT 2 5. SRI N S ASHOK KUMAR S/O N S SHANKARANARAYANA AITHAL AGED ABOUT 30 YEARS R/A NAGARAVALLI MAKKIMANE POST THIRTHAHALLI TALUK 6. SRI H V VIGNESWARA S/O LATE VENKATAKRISHNA BHAT AGED ABOUT 33 YEARS HERAMBHAPURA KATTEHAKKALU POST-577 415 THIRTHAHALLI TALUK SHIMOGA DISTRICT 7. SRI H N SUBRAMANYA S/O LATE H S NARASIMHA BHAT AGED ABOUT 33 YEARS HERAMBHAPURA KATTEHAKKALU POST THIRTHAHALLI-577 415 8. SRI K S BALARAJ S/O SRINIVAS GOWDA AGED ABOUT 36 YEARS R/A KIRANKERE MAKKIMANE POST THIRTHAHALLI, SHIMOGA 9. SRI DEVARAJA S/O K S DHARMAYA GOWDA AGED ABOUT 45 YEARS KADEMAKKI MAKKIMANE POST THIRTHAHALLI TALUK SHIMOGA DISTRICT 10. SRI K C NAGANANDA RAO AGED ABOUT 30 YEARS KIRANKERE MAKKIMANE POST THIRTHAHALLI TALUK SHIMOGA DISTRICT 3 11. G S VISHNUMURTHY BHATTA AGED ABOUT 48 YEARS GADDEGALLU, KABASE MAKKIMANE POST (VIA) DEVANGI THIRTHAHALLI TALUK SHIMOGA DISTRICT 12. SRI K.R.GOVINDASWAMY S/O RANGAPPA GOWDA AGED 50 YEARS KADEMAKKI MAKKIMANE POST THIRTHAHALLI TALUK SHIMOGA DISTRICT 13. SRI K.N.MANJUNATHA S/O K.V.NAGA BHATTA AGED 49 YEARS KIRANAKERE VILLAGE MAKKIMANE POST THIRTHAHALLI TALUK SHIMOGA DISTRICT 14. SRI K.V.SUBBANNA S/O LATE K.V.RAMAPPA AGED 66 YEARS HONNESARA POST SAGARA-577 417 KARNATAKA STATE 15. SRI DAYANANDA S/O BHIMANAIK AGED 30 YEARS 16. SMT. GIRIJABAI D/O HALANAIK AGED 50 YEARS PETITIONERS 15 & 16 ARE R/A N.GANADHAKATTE G.K.HALLI POST CHANNAGIRI TALUK NOW PART OF DAVANAGERE DISTRICT 4 (PETITIONERS 15 & 16 ARE IMPLEADED V/O DATED 03.07.1998) ... PETITIONERS (BY SRI T N RAGHUPATHY, ADV., & SRI RAMESH, ADV.,) AND 1. THE CHAIRMAN & MANAGING DIRECTOR MYSORE PAPER MILLS LTD NO.14/4, ALI ASKER ROAD P B NO.112, BANGALORE-560 052 2. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHANA SOUDHA AMBEDKAR VEEDHI BANGALORE-560 001 3. THE SECRETARY DEPARTMENT OF FOREST ECOLOGY & ENVIRONMENT KARNATAKA GOVERNMENT SECRETARIAT M S BUILDING, BANGALORE-560001 4. PRINCIPAL CHIEF CONSERVATOR OF FORESTS IN KARNATAKA ARANYA BHAVAN, MALLESWARAM BANGALORE-560 003 5. CHIEF CONSERVATOR OF FORESTS AND PROJECT DIRECTOR WESTERN GHATS FORESTRY PROJECT VANAVIKAS, 18TH CROSS MALLESHWARAM, BANGALORE-560003 6. DEPUTY CONSERVATOR OF FORESTS SHIMOGA DISTRICT, SHIMOGA 7. DEPUTY COMMISSIONER SHIMOGA DISTRICT, SHIMOGA 8. KARNATAKA FOREST DEVELOPMENT CORPORATION LTD., REP BY ITS 5 MANAGING DIRECTOR VANAVIKAS, 18TH CROSS MALLESWARAM, BANGALORE-560003 9. UNION OF INDIA REP BY ITS SECRETARY MINISTRY OF ENVIRONMENT AND FOREST, NEW DELHI (R-9 IMPLEADED V/O DATED 09.10.1998) 10. THE MYSORE PAPER MILLS EMPLOYEES ASSOCIATION (REGD) A REGISTERED TRADE UNION PAPER TOWN, BHADRAVATHI BY ITS PRESIDENT (R-10 IMPLEADED V/O DATED 05.09.2000) 11. MPM SUGAR FACTORY LABOURERS ASSOCIATION (REGD), A REGISTERED TRADE UNION, PAPER TOWN BHADRAVATHI, BY ITS SECRETARY (R-11 IMPLEADED V/O DATED 05.09.2000) ... RESPONDENTS (BY SRI UDAYA HOLLA, SENIOR COUNSEL A/W SRI N S SATHISH CHANDRA, ADV., FOR R-1; SRI R.G. KOLLE, AGA FOR R-2 TO 8; SRI V.K.NARAYANA SWAMY, CGC FOR R-9; SRI V.S.NAIK, ADV., FOR R-10 & 11) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE LEASING OF LAND BY THE R-2 IN FAVOUR OF THE R-1 AS PER THE LEASE DEED DATED 09.03.1993 PRODUCED AT ANNEXURE-A IS ILLEGAL, UNCONSTITUTIONAL, VOID AND OPPOSED TO THE PROVISIONS OF FOREST (CONSERVATION) ACT, 1980 AND ETC., W.P.NO.30774/1998 BETWEEN 1. SRI DHARMAPPA S/O BOMMAPPA AGED ABOUT 45 YEARS AGRICULTURIST R/O CHIKMAKOPPA 6 CHANDRAGUTTI HOBLI SORABA TALUK SHIMOGA DISTRICT 2. ABU SAB S/O KHADAR SAB AGED ABOUT 48 YEARS R/O –DO- 3. MOHAMMED HUSSAIN SAB S/O GUDU SAB AGED ABOUT 50 YEARS R/O -DO- 4. GANAPATHIAPPA S/O FAKIRAPPA AGED ABOUT 45 YEARS AGRICULTURIST R/O -DO- 5. MD. HANIF SAB S/O GUDUSAB AGED ABOUT 45 YEARS AGRICULTURIST R/O -DO- ... PETITIONERS (BY SRI K B LOKANATH, ADV.,) AND 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY COMMISSIONER FOR FOREST M S BUILDING BANGALORE-560 003 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS IN KARNATAKA ARANYA BHAVANA, MALLESWARAM BANGALORE-560 003 3. CHIEF CONSERVATOR OF FORESTS AND PROJECT DIRECTOR FOR WESTERN GHATS, FORESTRY PROJECT VANA-VIKASA, 18TH CROSS MALLESWARAM, BANGALORE-560 003 7 4. THE SECRETARY DEPARTMENT OF FORESTS, ECOLOGY AND ENVIRONMENT KARNATAKA GOVERNMENT SECRETARIAT M S BUILDING, BANGALORE-560 001 5. THE DEPUTY COMMISSIONER SHIMOGA DISTRICT, SHIMOGA 6. THE DEPUTY CONSERVATOR OF FORESTS SHIMOGA DISTRICT, SHIMOGA 7. THE RANGE FOREST OFFICER SORABA TALUK, SORABA SHIMOGA DISTRICT 8. THE MYSORE PAPER MILLS LTD REP BY ITS SECRETARY NO.14/4, ALI ASKAR ROAD P B NO.112, BANGALORE-52 9. THE CHAIRMAN AND MANAGING DIRECTOR THE MYSORE PAPER MILLS LTD., NO.14/4, ALI ASKAR ROAD P B NO. 112, BANGALORE-52 ... RESPONDENTS (BY SRI R.G.KOLLE, AGA FOR R-1 TO 7; SRI UDAYA HOLLA, SENIOR COUNSEL A/W SRI N S SATISHCHANDRA, ADV., FOR R-8 & 9) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO FORBEAR FROM DOING ANYTHING INCLUDING CUTTING, UPROOTING, DESTROYING AND BURNING THE EXISTING NATURAL GROWTH, CULTIVATING AND PLANTING ANY PLANTATION ON THE LAND SY.NO.3 MEASURING 121 ACRES 7 GUNTAS OF CHIKMAKOPPA VILLAGE, CHANDRAGUTTI HOBLI, SORABA TALUK, SHIVAMOGA DISTRICT AND ETC., 8 W.P.NO.9540/2001 BETWEEN : 1. B N MANJUNATH S/O V NARAYANAPPA AGED ABOUT 42 YEARS OCC:AGRICULTURE R/O BELLAKKA, PO:NITTUR TALUK:HOSANAGAR DISTRICT:SHIMOGA 2. B K VENKATARAMANAIAH S/O KRISHNAIAH AGED ABOUT 54 YEARS OCC:AGRICULTURE R/O BELLAKKA, PO:NITTUR TALUK:HOSANAGAR DISTRICT:SHIMOGA 3. KRISHNAMURTHY K D S/O DEVAPPAIAH AGED ABOUT 37 YEARS R/O DODDAMANE JADDU PO:NITTUR, TALUK:HOSANAGAR DISTRICT:SHIMOGA 4. APPANNA H S S/O SUBBA NAIK AGED ABOUT 26 YEARS R/O HARIMANE, PO:NITTUR TALUK:HOSANAGAR DISTRICT:SHIMOGA ... PETITIONERS (BY SRI JAYAKUMAR S PATIL, SENIOR COUNSEL) AND 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE M.S.BUILDING, BANGALORE-1 2. THE DEPUTY COMMISSIONER SHIMOGA DISTRICT, SHIMOGA 9 3. THE TAHSILDAR HOSANAGAR TALUK, HOSANAGAR DISTRICT:SHIMOGA 4. THE MYSORE PAPER MILLS ALI ASKER ROAD BANGALORE-560 052 BY ITS MANAGING DIRECTOR ... RESPONDENTS (BY SRI R.G. KOLLE, AGA FOR R-1 TO 3; SRI UDAYA HOLLA, SENIOR COUNSEL A/W SRI N S SATISHCHANDRA, ADV., FOR R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER VIDE ANNEXURE-F DATED 01.08.1964 BY RESPONDENT NO.1 AND ETC., THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING: ORDER K.Sreedhar Rao, Ag.CJ (Oral) In Writ Petition No.14644/1998, the petitioners are aggrieved by the commissioning of Mysore Paper Mills Limited in Bhadravathi and consequent orders of leasing lands to the factory located in and around Bhadravathi and also in Thirthahalli, Shimoga, Chickmagalur etc., for the purpose of cultivating trees to be used for manufacture of paper. The registered lease deed is executed by respondent No.4 in favour of respondent No.1 on 03.09.1993 vide Annexure-A. The lease is for a period of 40 years and the 10 lease is to expire by September 2020. The petitioners are the residents of Thirthahalli Taluk, They contend that forest land has been leased in favour of respondent No.1, which is illegal and affects the ecology and forest wealth. It is also contended that gomal lands have been leased, which is contrary to the provisions of the Karnataka Land Revenue Act. The petitioners therefore seek the following reliefs: “ PRAYER WHEREFORE, petitioners most respectfully pray that this Hon’ble Court be pleased to issue a writ of certiorari or any other appropriate writ, order or direction: (a) declare that the leasing of the land by the second respondent in favour of the first respondent as per the lease deed dated 3.9.1993 produced at Annexure-A is illegal, unconstitutional, void and opposed to the provisions of Forest (Conservation) Act, 1980; (b) declare that the encroachment of the gomal lands and soppina betta lands by the first respondent in the taluks of Thirthahalli, Hosanagar, Bhadravathi, Sagar and Shimoga is illegal, unauthorized and opposed to the 11 provisions of the Karnataka Land Revenue Act, 1964; (c) issue a direction to the second, fifth and seventh respondents to forthwith evict the first respondent from the area encroached by it; (d) issue a direction to the second respondent to immediately take control of the entire portion leased to the first respondent as per the lease deed dated 3.9.1993 at Annexure-A and also the encroached area to villages under joint forest planning and management scheme by forming village forest committees and giving control of the areas in each village to the respective village forest committees and issue such direction to the committees for implementation of the National Forest Policy, 1988; (e) issue a writ of
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