ORDER :

OVERVIEW:

1. Seventeen years after the Forest (Conservation) Act, 1980 (for short ‘the said Act of 1980’) came into force, the Government of Karnataka has passed an order in purported exercise of the powers under Section 28 of the Karnataka Forest Act, 1963 and has permitted use of a reserved forest for non-forest purpose without obtaining prior approval of the Central Government in accordance with Section 2 of the said Act of 1980. The State Government has not followed the direction of the Apex Court in paragraph 5 of its decision in the case of T.N. Godavarman Thirumulkpad vs. Union of India and Others, (1997) 2 SCC 267.

FACTS:

2. With a view to appreciate the factual aspects, a brief reference to the averments made in the petition will be necessary.

3. Reliance is placed on a notification issued on 24th June 1920 in exercise of the powers under the Mysuru Forest Regulation, 1900 (for short ‘the said Regulation’) by which a State Forest was declared in respect of the land subject matter of this writ petition. The said notification dated 24th June 1920 declared that the area of 6742 acres and 33 guntas more particularly described therein known as Kudi block shall be deemed to b