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2025 Supreme(SC) 2077
SUPREME COURT OF INDIA
VIKRAM NATH, SANDEEP MEHTA, JJ.
State of Karnataka and Others – Appellants
Versus
Gandhi Jeevan Collective Farming Co-Operative Society Limited – Respondent
Civil Appeal No. 3661 of 2011
Decided On : 18-12-2025
For the Appellant(s) : Mr. Avishkar Singhvi, A.A.G. Ms. Patil Rekha Chandra Gouda, AOR Mr. Jadhav Vishal, Adv. Mr. Himanshu Mishra, Adv. Mr. Shubham Shukla, Adv.
For the Respondent(s): Mr. Ashwani Bhardwaj, AOR
Non-forestry use of forest land for agriculture is illegal without Central Government approval under Section 2 of the Forest (Conservation) Act, 1980.
Headnote:(A) Forest (Conservation) Act, 1980 - Section 2 - Grant of lease for agricultural purposes on forest land - The State of Karnataka's lease to a cooperative society for forest land was illegal, as the lease led to deforestation and non-forestry use without prior approval of the Central Government, violating Section 2 of the Act. (Paras 3, 13, 14)
(B) Legal Process - Responsibility of State - The State must take legal steps to evict unauthorized occupants from forest land instead of simply appealing dismissals. (Paras 7, 16)
Facts of the case:
The State granted land to a cooperative society in 1976, which was later terminated in 1985, leading to prolonged legal battles over possession and lease extension.
Findings of Court:
The appellate court held that the lease was illegally granted, emphasizing the need for strict adherence to forest conservation laws. The forest land should be restored and indigenous trees planted.
Issues: The legality of the initial lease grant and the State's authority to evict unauthorized occupants from forest land.
Ratio Decidendi: The court ruled that allowing agricultural use of forest land without prior Central Government approval is illegal, noting the necessity of compliance with the Forest (Conservation) Act to prevent deforestation.
Result: Appeal allowed.
| Table of Content |
|---|
| 1. lease granted for agricultural use led to deforestation. (Para 4 , 5 , 6 , 8) |
| 2. forest areas cannot be de-reserved without approval. (Para 11 , 12) |
| 3. no further lease extension due to illegal prior grant. (Para 13 , 14) |
| 4. restoration of forest ordered; prior approval required for lease. (Para 15 , 16) |
| 5. appeal allowed; compliance required within 12 months. (Para 18 , 19 , 20) |
JUDGMENT :
SANDEEP MEHTA, J.
1. Heard.
2. The State of Karnataka is in appeal before us for assailing the final judgment and order dated 6th January, 2009 in Writ Appeal No. 1079 of 2008, whereby, the learned Division Bench of the High Court of Karnataka at Bengaluru1 [Hereinafter, being referred to as the “High Court”] affirmed the order dated 27th February, 2008 passed by the learned Single Judge in Writ Petition No. 3467 of 2007 whereby the said writ petition was disposed of with liberty to the respondent2 [Hereinafter, being referred to as the “respondent-Cooperative Society”] herein (writ petitioner therein) to file a suitable representation to the Deputy Conservator of Forests under the relevant rules within eight weeks and the appellant-State was directed to forward the said representation to the Ministry of Forest and Environment, Union of India to pass appropriate orders within six weeks thereafter.
3. The facts relevant and essential for disposal of the appeal are noted herein-below.
4. The State Government vide orders dated 17th March, 1973 and 30th June, 1976, granted an area of 134 acres 6 guntas of land located at Benachi and Tumarikoppa village in Kalaghatagi Taluk, Dharwad District to the respondent-Cooperative Society on 10 years lease starting from 30th June, 1976 for agricultural purpose.
5. The members of the respondent-Cooperative Society cleared the trees from the forest areas and started cultivating the same. At the end of lease period, the Government refused to extend the same and terminated the same vide order dated 13th March, 1985. The respondent-Cooperative Society thereupon instituted Writ Petition Nos. 6608 of 1985 and 12780 of 1987 for assailing the termination order which came to be dismissed on 15th April, 1985 and 12th July, 1988, respectively.
6. The society, thereafter, filed Original Suit No. 255 of 19883 [Renumbered as Original Suit No. 160 of 1992] before Munsif and JMFC, Kalaghatagi, Dharwad District, which was partly decreed restricting the Forest Department from disturbing the possession of the respondent-Cooperative Society over the suit property till the respondent-Cooperative Society was evicted in accordance with law.
7. The said judgment was assailed in appeal being Regular Appeal No. 54 of 1994 before III Additional Civil Judge (Senior Division) and CJM, Dharwad. The said appeal came to be dismissed vide judgment dated 11th October, 1999. The second appeal being Regular Second Appeal No. 686 of 2002 preferred by the appellant-State of Karnataka, also came to be dismissed on 8th September, 2003 with an observation that the State Government ought to have taken legal steps to evict the respondent-Cooperative Society in accordance with law rather than preferring the second appeal.
8. In pursuance of the aforesaid order, the Assistant Conservative Forest Officer, Kalaghatagi Sub-Division, Karnataka, in exercise of powers under the Karnataka Forest Act, and Karnataka Forest Manual, initiated the legal process for eviction of the respondent-Cooperative Society and its members from unauthorized occupation of forest land and a formal order dated 22nd June, 2004 was passed directing the eviction of respondent-Cooperative Society.
9. The appeal preferred by the respondent- Cooperative Society against the said order to the Conservator of Forest, Dharwad Circle also stands rejected vide order dated 12th December , 2006. It is also not in dispute that the forest department took possession of the land in question on 23rd January, 2007 by drawing mahazars of even date.
10. After drawing the panchnama, boards of the d
